110 HR 2940 IH: To amend section 212 of the Immigration and Nationality U.S. House of Representatives 2007-06-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 2940 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.

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. .

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.