[Federal Register Volume 87, Number 120 (Thursday, June 23, 2022)]
[Notices]
[Pages 37523-37524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13472]


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DEPARTMENT OF STATE

Office of the Secretary

DEPARTMENT OF HOMELAND SECURITY

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, DOS; Office of the Secretary, DHS

ACTION: Notice of determination.

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    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 
individuals 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 section 212(d)(3)(B)(i) of the INA, 8 U.S.C. 
1182(d)(3)(B)(i), as amended, after considering the foreign policy and 
national security interests deemed relevant in these consultations, 
that section 212(a)(3)(B)(iv)(VI)(cc) of the INA, 8 U.S.C. 
1182(a)(3)(B)(iv)(VI)(cc), shall not apply with respect to an 
individual who provided: (1) insignificant material support (i.e., 
support that was minimal in amount and inconsequential in effect); or 
(2) limited material support under circumstances involving certain 
routine commercial transactions, certain routine social transactions 
(i.e., in the satisfaction of certain well-established or verifiable 
family, social, or cultural obligations), certain humanitarian 
assistance, or substantial pressure that does not rise to the level of 
duress, to a designated terrorist organization as described in 
subsection 212(a)(3)(B)(vi)(I) or subsection 212(a)(3)(B)(vi)(II) of 
the INA, 8 U.S.C. 1182(a)(3)(B)(vi)(I) or 8 U.S.C. 
1182(a)(3)(B)(vi)(II), or to any member of such organization, and 
provided that the individual satisfies the relevant agency authority 
that the individual:
    (a) Did not voluntarily and knowingly engage in 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);
    (b) Is seeking a benefit or protection under the INA and has been 
determined to be otherwise eligible for the benefit or protection;
    (c) Has undergone and passed all relevant background and security 
checks;
    (d) Has fully disclosed, to the best of their knowledge, in all 
relevant applications and interviews with 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;
    (e) Has not provided the material support with any intent or desire 
to assist any terrorist organization or terrorist activity;
    (f) Has not provided material support that the individual knew or 
reasonably should have known could directly be used to engage in 
terrorist or violent activity;
    (g) Has not provided material support to terrorist activities that 
they knew or reasonably should have known targeted noncombatant 
persons, U.S. citizens, or U.S. interests;
    (h) Has not provided material support that the individual knew or 
reasonably should have known involved providing weapons, ammunition, 
explosives, or components thereof, or the transportation or concealment 
of such items;
    (i) Is not otherwise inadmissible under section 212(a)(3)(B) of the 
INA, 8 U.S.C. 1182(a)(3)(B), for which no 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(s) 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 applicant 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 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 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 applicant or beneficiaries 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.
    Authority: 8 U.S.C. 1182(d)(3)(B)(i).


[[Page 37524]]


    Dated: June 8, 2022.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.

    Dated: June 8, 2022.
Antony J. Blinken,
Secretary, U.S. Department of State.
[FR Doc. 2022-13472 Filed 6-21-22; 11:15 am]
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