[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5285 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5285

 To amend the Immigration and Nationality Act to prevent human rights 
 abusers from being eligible for admission into the United States and 
       other forms of immigration relief, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2000

Mr. Smith of Texas (for himself and Mr. Foley) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to prevent human rights 
 abusers from being eligible for admission into the United States and 
       other forms of immigration relief, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Serious Human Rights Abusers 
Accountability Act of 2000''.

SEC. 2. SERIOUS HUMAN RIGHTS ABUSER DEFINED.

    (a) Definition.--Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:
    ``(50)(A) The term `serious human rights abuser' means any alien 
who--
            ``(i) ordered, incited, assisted, or otherwise participated 
        in the persecution of any person on account of race, religion, 
        nationality, membership in a particular social group, or 
        political opinion;
            ``(ii) while serving as a foreign government official, was 
        responsible for, or directly carried out, particularly severe 
        violations of religious freedom (as defined in section 3 of the 
        International Religious Freedom Act of 1998 (22 U.S.C. 6402));
            ``(iii) during an armed conflict, ordered, incited, 
        assisted, or otherwise participated in a war crime (as defined 
        in section 2441(c) of title 18, United States Code);
            ``(iv) ordered, incited, assisted, otherwise participated 
        in, attempted to commit, or conspired to commit conduct that 
        would constitute genocide (as defined in section 1091(a) of 
        title 18, United States Code), if the conduct were committed in 
        the United States or by a United States national;
            ``(v) ordered, incited, assisted, or otherwise participated 
        in any act of torture (as defined in the United Nations 
        Convention Against Torture and Other Forms of Cruel, Inhuman or 
        Degrading Treatment or Punishment, done at New York on December 
        10, 1984, subject to any reservations, understandings, 
        declarations, and provisos contained in the United States 
        Senate resolution of ratification of the Convention); or
            ``(vi) ordered, incited, assisted, or otherwise 
        participated in a crime against humanity (including the 
        commission of murder, extermination, enslavement, deportation, 
        imprisonment, torture, rape, sexual slavery, forced 
        prostitution, forced pregnancy, forced abortion, forced 
        sterilization, or acts of a similar character), when committed 
        as part of a widespread or systematic attack, whether 
        international or internal in character, and directed against 
        any civilian population, with actual or constructive knowledge 
        of the attack.
    ``(B) Subparagraph (A) shall not apply to an alien who demonstrates 
that--
            ``(i) the conduct was committed under extreme duress; and
            ``(ii) the harm reasonably feared by the alien 
        substantially exceeded the harm attributable to the alien's 
        conduct.

SEC. 3. SERIOUS HUMAN RIGHTS ABUSERS INADMISSIBLE AND DEPORTABLE.

    (a) Inadmissibility of Serious Human Rights Abusers.--
            (1) In general.--Section 212(a)(2)(G) of the Immigration 
        and Nationality Act (8 U.S.C. 1182(a)(2)(G)) is amended to read 
        as follows:
                    ``(G) Serious human rights abusers.--Any serious 
                human rights abuser is inadmissible.''.
            (2) Conforming amendment.--Section 212(a)(3)(E) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is 
        amended to read as follows:
                    ``(E) Participants in nazi persecutions.--Any alien 
                who, during the period beginning on March 23, 1933, and 
                ending on May 8, 1945, under the direction of, or in 
                association with--
                            ``(i) the Nazi government of Germany,
                            ``(ii) any government in any area occupied 
                        by the military forces of the Nazi government 
                        of Germany,
                            ``(iii) any government established with the 
                        assistance or cooperation of the Nazi 
                        government of Germany, or
                            ``(iv) any government which was an ally of 
                        the Nazi government of Germany,
                ordered, incited, assisted, or otherwise participated 
                in the persecution of any person because of race, 
                religion, national origin, or political opinion is 
                inadmissible.''.
    (b) Deportable Aliens To Include Serious Human Rights Abusers.--
            (1) In general.--Section 237(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1227(a)) is amended by adding at the 
        end the following:
            ``(7) Serious human rights abusers.-- Any serious human 
        rights abuser is deportable.''.
            (2) Conforming amendment.--Section 237(a)(4)(D) of the 
        Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(D)) is 
        amended to read as follows:
                    ``(D) Assisted in nazi persecution.--Any alien 
                described in section 212(a)(3)(E) is deportable.''.

SEC. 4. BARS TO REFUGEE STATUS AND ASYLUM FOR SERIOUS HUMAN RIGHTS 
              ABUSERS.

    (a) Refugee Defined.--Section 101(a)(42) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(42)) is amended by striking the 
second sentence and inserting the following:
``The term `refugee' does not include any person who is a serious human 
rights abuser.''.
    (b) No Waiver of Ground of Inadmissibility for Refuge Seekers.--
Section 207(c)(3) of the Immigration and Nationality Act (8 U.S.C. 
1157(c)(3)) is amended by inserting ``or (2)(G)'' after ``(2)(C)''.
    (c) Exceptions to Granting Asylum.--Section 208(b)(2)(A)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(i)) is amended 
to read as follows:
                            ``(i) the alien is a serious human rights 
                        abuser;''.
    (d) Extension to Spouses and Children of Exceptions to Granting 
Asylum.--Section 208(b)(3) of the Immigration and Nationality Act (8 
U.S.C. 1158(b)(3)) is amended by striking ``such alien.'' and inserting 
``such alien, unless the Attorney General determines that one of the 
exceptions in clauses (i) through (v) of paragraph (2)(A) applies to 
the spouse or child.''.

SEC. 5. BAR TO ADJUSTMENT OF STATUS OF REFUGEES FOR SERIOUS HUMAN 
              RIGHTS ABUSERS.

    Section 209(c) of the Immigration and Nationality Act (8 U.S.C. 
1159(c)) is amended by inserting ``or (2)(G)'' after ``(2)(C)''.

SEC. 6. EXCEPTION TO RESTRICTION ON REMOVAL FOR SERIOUS HUMAN RIGHTS 
              ABUSERS AND TERRORISTS.

    Section 241(b)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1231(b)(3)(B)) is amended--
            (1) in the matter preceding clause (i), by striking 
        ``section 237(a)(4)(D)'' and inserting ``subparagraph (B) or 
        (D) of section 237(a)(4)''; and
            (2) by amending clause (i) to read as follows:
                            ``(i) the alien is a serious human rights 
                        abuser;''.

SEC. 7. BAR TO FINDING OF GOOD MORAL CHARACTER FOR SERIOUS HUMAN RIGHTS 
              ABUSERS.

    Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 
1101(f)) is amended by inserting after paragraph (1) the following:
            ``(2) a serious human rights abuser;''.

SEC. 8. BAR TO CANCELLATION OF REMOVAL FOR SERIOUS HUMAN RIGHTS 
              ABUSERS.

    Section 240A(c)(4) of the Immigration and Nationality Act (8 U.S.C. 
2339b(c)(4)) is amended--
            (1) by striking ``section 212(a)(3)'' and inserting 
        ``paragraph (2)(G) or (3) of section 212(a)''; and
            (2) by striking ``section 237(a)(4).'' and inserting 
        ``paragraph (4) or (7) of section 237(a).''.

SEC. 9. BAR TO ADJUSTMENT OF STATUS WITH RESPECT TO CERTAIN SPECIAL 
              IMMIGRANTS.

    Section 245(h)(2)(B) of the Immigration and Nationality Act (8 
U.S.C. 1255(h)(2)(B)) is amended by inserting ``(2)(G),'' before 
``(3)(A)''.

SEC. 10. CRIMINAL PENALTIES FOR REENTRY FOR REMOVED SERIOUS HUMAN 
              RIGHTS ABUSERS.

    Section 276(b) of the Immigration and Nationality Act (8 U.S.C. 
1326(b)) is amended--
            (1) in paragraph (3), by striking ``sentence. or'' and 
        inserting ``sentence;'';
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; or''; and
            (3) by inserting after paragraph (4) the following:
            ``(5) who was removed from the United States pursuant to 
        section 212(a)(2)(G) or 237(a)(7), and who thereafter, without 
        the permission of the Attorney General, enters, attempts to 
        enter, or is at any time found in, the United States shall be 
        fined under title 18, United States Code, imprisoned not more 
        than 10 years, or both.''.

SEC. 11. AIDING OR ASSISTING SERIOUS HUMAN RIGHTS ABUSERS TO ENTER THE 
              UNITED STATES.

    Section 277 of the Immigration and Nationality Act (8 U.S.C. 1327) 
is amended by striking ``felony)'' and inserting ``felony or is a 
serious human rights abuser)''.

SEC. 12. REVISION OF REGULATIONS WITH RESPECT TO THE INVOLUNTARY RETURN 
              OF PERSONS IN DANGER OF SUBJECTION TO TORTURE.

    (a) Regulations.--Not later than 120 days after the date of the 
enactment of this Act, the Attorney General shall revise the 
regulations prescribed by the Attorney General to implement the 
Convention. Such revision shall render ineligible for withholding or 
deferral of removal under the Convention aliens to whom the relief 
described in subparagraph (A) of section 241(b)(3) of the Immigration 
and Nationality Act (8 U.S.C. 1231(b)(3)) does not apply by reason of 
subparagraph (B) of such section (as amended by section 6 of this Act). 
Such revision shall also ensure that the burden of proof is on the 
applicant for withholding or deferral of removal under the Convention 
to establish by clear and convincing evidence that he or she would be 
tortured if removed to the proposed country of removal.
    (b) Judicial Review.--Notwithstanding any other provision of law, 
no court shall have jurisdiction to review the regulations adopted to 
implement this section, and nothing in this section shall be construed 
as providing any court jurisdiction to consider or review claims raised 
under the Convention or this section, except as part of the review of a 
final order of removal pursuant to section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252).
    (c) Authority To Detain.--Nothing in this section shall be 
construed as limiting the authority of the Attorney General to detain 
any person under any provision of law, including, but not limited to, 
any provision of the Immigration and Nationality Act.
    (d) Convention Defined.--In this section, the term ``Convention'' 
means the United Nations Convention Against Torture and Other Forms of 
Cruel, Inhuman or Degrading Treatment or Punishment, done at New York 
on December 10, 1984.
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