[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2940 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2940

   To amend section 212 of the Immigration and Nationality Act with 
      respect to discretionary determinations waiving an alien's 
  inadmissibility based on certain activities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2007

  Mr. Perlmutter (for himself, Mr. Kagen, Mr. Walz of Minnesota, Mr. 
  Kind, Mr. Costa, Mr. David Davis of Tennessee, and Ms. McCollum of 
  Minnesota) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend section 212 of the Immigration and Nationality Act with 
      respect to discretionary determinations waiving an alien's 
  inadmissibility based on certain activities, 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. DISCRETIONARY DETERMINATIONS WAIVING GROUNDS OF 
              INADMISSIBILITY.

    Section 212(d)(3)(B)(i) of the Immigration and Nationality Act (8 
U.S.C. 1182(d)(3)(B)(i)) is amended to read as follows:
    ``(B)(i) The Secretary of State, after concurrence by the Attorney 
General and the Secretary of Homeland Security, or the Secretary of 
Homeland Security, after concurrence by the Secretary of State and the 
Attorney General, may determine in such Secretary's sole unreviewable 
discretion that subsection (a)(3)(B) shall not apply with respect to an 
alien within the scope of that subsection, or that subsection 
(a)(3)(B)(vi)(III) shall not apply to a group solely by virtue of 
having a subgroup within the scope of that subsection. Such a 
determination may be revoked ab initio, without notice at any time, 
with respect to any and all persons subject to it. Such a determination 
shall neither prejudice the ability of the United States Government to 
commence criminal or civil proceedings involving a beneficiary of such 
a determination or any other person, nor create any substantive or 
procedural right or benefit for a beneficiary of such a determination 
or any other person. Notwithstanding any other provision of law 
(statutory or non-statutory), including section 2241 of title 28, 
United States Code, or any other habeas corpus provision, and sections 
1361 and 1651 of such title, no court shall have jurisdiction to review 
such a determination or revocation. The Secretary of State may not 
exercise the discretion provided in this clause with respect to an 
alien at any time during which the alien is the subject of pending 
removal proceedings under section 240.''.

SEC. 2. TECHNICAL CORRECTION TO EXCEPTION TO INADMISSIBILITY GROUND FOR 
              TERRORIST ACTIVITIES FOR SPOUSES AND CHILDREN.

    (a) In General.--Section 212(a)(3)(B)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)) is amended by striking 
``Subclause (VII)''and inserting ``Subclause (IX)''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act, and such 
amendment and section 212(a)(3)(B)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)), as amended by subsection 
(a), shall apply to--
            (1) removal proceedings instituted before, on, or after the 
        date of the enactment of this section; and
            (2) acts and conditions constituting a ground for 
        inadmissibility, excludability, deportation, or removal 
        occurring or existing before, on, or after such date.
                                 <all>