I 111th CONGRESS 2d Session H. R. 4648 IN THE HOUSE OF REPRESENTATIVES February 23, 2010 Mr. Smith of Texas (for himself, Mr. King of New York, Mr. Rogers of Kentucky, Mr. Hoekstra, Mr. McCotter, and Mr. Fortenberry) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the release or parole of certain unprivileged enemy belligerents into the United States, and for other purposes.

1.

Short title

This Act may be cited as the Keep Terrorists at Bay Act of 2010.

2.

Treatment of certain unprivileged enemy belligerents

(a)

Denial of entry

(1)

In general

In the case of an alien described in paragraph (2), no court may order the alien’s release into the United States and the Secretary of State may not issue any visa, and the Secretary of Homeland Security may not admit or provide any type of status, to the alien to enter into, or be admitted to, the United States. (2)

Aliens described

An alien described in this paragraph is an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)))— (A)who— (i)is an unprivileged enemy belligerent (as defined in section 948a(7) of title 10, United States Code); or (ii)has at any time been determined by a Combatant Status Review Tribunal to be an enemy combatant (pursuant to the definition employed by that tribunal); and (B)who is or was in the custody of the United States at Guantanamo Bay, Cuba, before, on, or after the date of the enactment of this Act. (b)

Parole

(1)

In general

Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended by adding at the end the following: (C)The Secretary of Homeland Security may not parole into the United States an alien— (i)who— (I)is an unprivileged enemy belligerent (as defined in section 948a(7) of title 10, United States Code); or (II)has at any time been determined by a Combatant Status Review Tribunal to be an enemy combatant (pursuant to the definition employed by that tribunal); and (ii)who is or was in the custody of the United States at Guantanamo Bay, Cuba, before, on, or after the date of the enactment of this subparagraph. . (2)

Technical and conforming amendments

Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended— (A)by striking Attorney General each place such term appears and inserting Secretary of Homeland Security; (B)by striking in his discretion and inserting in the Secretary’s discretion; (C)by striking as he may prescribe and inserting as the Secretary may prescribe; (D)by striking he was paroled and inserting the alien was paroled; and (E)by striking his case and inserting the alien’s case.