Sec. 901. PROHIBITION ON EXCLUSION OR DEPORTATION OF ALIENS ON CERTAIN GROUNDS.1

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## SEC. 901 PROHIBITION ON EXCLUSION OR DEPORTATION OF ALIENS ON CERTAIN GROUNDS.1 1Section repealed by §603(a)(21) of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 5084). **[**(a)2 General.—Notwithstanding any other provision of law, no alien may be denied a visa or excluded from admission into the United States, subject to restrictions or conditions on entry into the United States, or subject to deportation because of any past, current or expected beliefs, statements, or associations which, if engaged in by a United States citizen in the United States, would be protected under the Constitution of the United States.2Previous to the enactment of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989, subsection

(a)read as follows:

(a)In General.—Notwithstanding any other provision of law, no alien may be denied a visa or excluded from admission into the United States, subject to restrictions or conditions on entry into the United States, or subject to deportation because of any past, current, or expected beliefs, statements, or associations which, if engaged in by a United States citizen in the United States, would be protected under the Constitution of the United States. In the amendments made by Public Law 100–461, there were several corrections made in the enrollment that were footnoted in the law as passed; these corrections are incorporated and shown in the text. In addition, the In is missing before General in subsection (a). Also, §128(a) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (P.L. 101–246, Feb. 16, 1990, 104 Stat. 30) inserted the phrase “subject to restrictions or conditions on entry into the United States,” after “United States,”.**]** **[**(b) Construction Regarding Excludable Aliens.—Nothing in this section shall be construed as affecting the existing authority of the executive branch to deport, to deny issuance of a visa to, to deny adjustment of status of,3 or to deny admission to the United States of, any alien—3The phrase “to deny adjustment of status of” was inserted by the 8th proviso of §555 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Pub. L. 100–461, Oct. 1, 1988). **[**(1) for reasons of foreign policy or national security, except that such deportation or denial may not be based on past, current, or expected beliefs, statements, or associations which, if engaged in by a United States citizen in the United States, would be protected under the Constitution of the United States, unless4 such alien is seeking issuance of a visa, adjustment of status, or admission to the United States as an immigrant. **[**sic**]**;**]** 4The language from “unless” through the period was inserted by the 8th proviso of §555 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Pub. L. 100–461, Oct. 1, 1988). **[**(2) who a consular official or the Attorney General knows or has reasonable ground to believe has engaged, in an individual capacity or as a member of an organization, in a terrorist activity or is likely to engage after entry in a terrorist activity; or**]** **[**(3) who seeks to enter in an official capacity as a representative of a purported labor organization in a country where such organizations are in fact instruments of a totalitarian state.**[**In addition, nothing in subsection

(a)shall be construed as applying to an alien who is described in section 212(a)(33) of the Immigration and Nationality Act (relating to those who assisted in the Nazi persecutions), to an alien described in the last sentence of section 101(a)(42) of such Act (relating to those assisting in other persecutions) who is seeking the benefits of section 207, 208, 243(h)(1), or 245A of such Act (relating to admission as a refugee, asylum, withholding of deportation, and legalization), or to an alien who is described in section 21(c) of the State Department Basic Authorities Act of 1956. In paragraph (2), the term “**terrorist activity**” means the organizing, abetting, or participating in a wanton or indiscriminate act of violence with extreme indifference to the risk of causing death or serious bodily harm to individuals not taking part in armed hostilities.**]** **]**]**** **[**(c) Construction Regarding Standing to Sue.—Nothing in this section shall be construed as affecting standing in any Federal court or in any administrative proceeding.**]** **[**(d)5 **[** Repealed by §128(b) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Pub. L. 101–246, Feb. 16, 1990, 104 Stat. 30).**]** 5Previous to the enactment of section 128 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Pub. L. 101–246, Feb. 16, 1990, 104 Stat. 30), subsection

(d)read as follows:

(d)Effective Period.—Subsection

(a)shall only apply to—

(1)applications for nonimmigrant visas submitted before January 1, 1991;

(2)admissions sought before March 1, 1991;

(3)deportations based on activities occurring before January 1, 1991, or for which deportation proceedings (including judicial review with respect to such a proceeding) are pending at any time between December 31, 1987 and January 1, 1991. In addition, previous to the enactment of the 9th proviso of §555 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Pub. L. 100–461, Oct. 1, 1988), subsection

(d)read as follows:

(d)Effective Period.—Subsection

(a)shall only apply to—

(1)applications for visas submitted during 1988;

(2)admissions sought after December 31, 1987, and before March 1, 1989; and

(3)deportations based on activities occurring during 1988 or for which deportation proceedings (including judicial review with respect to such a proceeding) are pending at any time during 1988. Also, the 10th proviso of §555 of such Act provides as follows: “That the amendment made in the preceding sentence shall not require the deportation of aliens admitted for permanent resident status under section 901 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989, as in effect before the date of the enactment of this Act **[**viz., October 1, 1988**]**”.**]**

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4 references not yet in our index

104 Stat. 5084
Pub. L. 100-461
104 Stat. 30
Pub. L. 101-246

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cites case law

Sec. 901

PROHIBITION ON EXCLUSION OR DEPORTATION OF ALIENS ON CERTAIN GROUNDS.1

Stat.104 Stat. 5084

Pub. L.Pub. L. 100-461

Stat.104 Stat. 30

Pub. L.Pub. L. 101-246

Cites 4Cited by 0 across 0 sources