[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Notices]
[Pages 34770-34771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13638]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

DEPARTMENT OF STATE

Office of the Secretary


Exercise of Authority Under Section 212(d)(3)(B)(i) of the 
Immigration and Nationality Act

AGENCY: Office of the Secretary, DHS; Office of the Secretary, DOS.

ACTION: Notice of Determination.

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DATES: This determination is effective June 3, 2008.

    Authority:  8 U.S.C. 1182(d)(3)(B)(i).
    The Secretary of Homeland Security and the Secretary of State, 
following consultations with the Attorney General, hereby conclude, as 
a matter of

[[Page 34771]]

discretion in accordance with our respective authorities under section 
212(d)(3)(B)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 
1182(d)(3)(B)(i), as amended by the Consolidated Appropriations Act, 
2008 (CAA), Public Law 110-161, Div. J, section 691(a), 121 Stat. 1844, 
2364 (December 26, 2007), as well as the foreign policy and national 
security interests deemed relevant in these consultations, that section 
212(a)(3)(B) of the INA, excluding subclause (i)(II), shall not apply 
with respect to an alien not otherwise covered by the automatic relief 
provisions of section 691(b) of the CAA, for any activity or 
association relating to appropriate groups affiliated with the 
Montagnards, provided that there is no reason to believe that the 
relevant terrorist activities of the alien or the recipients were 
targeted against noncombatant persons, and further provided that the 
alien satisfies the relevant agency authority that the alien:
    (a) Is seeking a benefit or protection under the INA and has been 
determined to be otherwise eligible for the benefit or protection;
    (b) Has undergone and passed relevant background and security 
checks;
    (c) Has fully disclosed, in all relevant applications and 
interviews with U.S. government representatives and agents, the nature 
and circumstances of each activity or association falling within the 
scope of section 212(a)(3)(B) of the INA;
    (d) Poses no danger to the safety and security of the United 
States; and
    (e) Is warranted to be exempted from the relevant inadmissibility 
provision by the totality of the circumstances.
    Implementation of this determination will be made by U.S. 
Citizenship and Immigration Services (USCIS), in consultation with U.S. 
Immigration and Customs Enforcement (ICE), or by U.S. consular 
officers, as applicable, who shall ascertain, to their satisfaction, 
and in their discretion, that the particular applicant meets the 
criteria set forth above.
    This exercise of authority may be revoked as a matter of discretion 
and without notice at any time with respect to any and all persons 
subject to it. Any determination made under this exercise of authority 
as set out above shall apply to any subsequent benefit or protection 
application, unless such exercise of authority has been revoked.
    This exercise of authority shall not be construed to prejudice, in 
any way, the ability of the U.S. government to commence subsequent 
criminal or civil proceedings in accordance with U.S. law involving any 
beneficiary of this exercise of authority (or any other person). This 
exercise of authority is not intended to create any substantive or 
procedural right or benefit that is legally enforceable by any party 
against the United States or its agencies or officers or any other 
person.
    In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C. 
1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of 
authority is applied, on the basis of case-by-case decisions by the 
Department of Homeland Security or by the Department of State, shall be 
provided to the specified congressional committees not later than 90 
days after the end of the fiscal year.
    This determination is based on an assessment related to the 
national security and foreign policy interests of the United States as 
they apply to the particular persons described herein and shall not 
have any application with respect to other persons or to other 
provisions of U.S. law.

    Dated: June 3, 2008.
Michael Chertoff,
Secretary of Homeland Security.
Condoleezza Rice,
Secretary of State.
[FR Doc. E8-13638 Filed 6-17-08; 8:45 am]
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