[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Notices]
[Pages 6913-6914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02353]
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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
AGENCIES: Office of the Secretary, DHS; Office of the Secretary, DOS.
ACTION: Notice of determination.
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Authority: 8 U.S.C. 1182(d)(3)(B)(i)
Following consultations with the Attorney General, the Secretary of
Homeland Security and the Secretary of State have determined that
grounds of inadmissibility at section 212(a)(3)(B) of the Immigration
and Nationality Act (INA), 8 U.S.C. 1182(a)(3)(B), bar certain aliens
who do not pose a national security or public safety risk from
admission to the United States and from obtaining immigration benefits
or other status. Accordingly, consistent with prior exercises of the
exemption authority, the Secretary of Homeland Security and the
Secretary of State, in consultation with the Attorney General, hereby
conclude, as a matter of discretion in accordance with the authority
granted by INA section 212(d)(3)(B)(i), 8 U.S.C. 1182(d)(3)(B)(i), as
amended, as well as the foreign policy and national security interests
deemed relevant in these consultations, that paragraphs
212(a)(3)(B)(iv)(VI)(bb) and (dd) of the INA, 8 U.S.C.
1182(a)(3)(B)(iv)(VI)(bb) and (dd), shall not apply with respect to an
alien who provided insignificant material support to an organization
described in section 212(a)(3)(B)(vi)(III) of the INA, 8 U.S.C.
1182(a)(3)(B)(vi)(III), or to a member of such an organization, or to
an individual described in section 212(a)(3)(B)((iv)(VI)(bb) of the
INA, 8 U.S.C. 1182(a)(3)(B)(iv)(VI)(bb), 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 all relevant background and security
checks;
(c) has fully disclosed, in all relevant applications and/or
interviews with U.S. government representatives and agents, the nature
and circumstances of any material support provided and any other
activity or association falling within the scope of section
212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B), as well as all contact
with a terrorist organization and its members;
(d) has not provided more than an insignificant amount of material
support to a terrorist organization described in section
212(a)(3)(B)(vi)(III) of the INA, 8 U.S.C. 1182(a)(3)(B)(vi)(III), or
to a member of such an organization, or to an individual described in
section 212(a)(3)(B)(iv)(VI)(bb) of the INA, 8 U.S.C. 1182
(a)(3)(B)(iv)(VI)(bb);
(e) (1) has not provided the material support with any intent of
furthering the terrorist or violent activities of the individual or
organization; (2) has not provided material support that the alien knew
or reasonably should have known could directly be used to engage in
terrorist or violent activity; and (3) has not provided material
support to any individual who the alien knew or reasonably should have
known had committed or planned to commit a terrorist activity on behalf
of a designated terrorist organization, as described in section
212(a)(3)(B)(vi)(I) or (II) of the INA, 8 U.S.C. 1182(a)(3)(B)(vi)(I)
or (II);
(f) has not provided material support to terrorist activities that
he or she knew or reasonably should have known targeted noncombatant
persons, U.S. citizens, or U.S. interests;
(g) has not provided material support that the alien knew or
reasonably
[[Page 6914]]
should have known involved providing weapons, ammunition, explosives,
or components thereof, or the transportation or concealment of such
items;
(h) has not provided material support in the form of military-type
training (as defined in section 2339D(c)(1) of title 18, United States
Code);
(i) has not engaged in any other terrorist activity, including but
not limited to providing material support to a designated terrorist
organization, as described in section 212(a)(3)(B)(vi)(I) or (II) of
the INA, 8 U.S.C. 1182(a)(3)(B)(vi)(I) or (II), to which no other
exemption applies;
(j) poses no danger to the safety and security of the United
States; and
(k) warrants an exemption from the relevant inadmissibility
provision in 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 alien meets each of 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 can inform but shall not control a decision regarding
any subsequent benefit or protection applications, 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 creates no 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
U.S. Department of Homeland Security or by the U.S. 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.
Jeh Charles Johnson,
Secretary of Homeland Security.
John F. Kerry,
Secretary of State.
[FR Doc. 2014-02353 Filed 2-4-14; 8:45 am]
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