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IMMIGRATION LAWYER - IMMIGRATION ATTORNEY- IMMIGRATION LAW FIRM
The Immigration and Nationality Act (INA) of the United States was enacted in 1952, and is codified under Title 8 of the United States Code. The Act governs primarily immigration and citizenship in the United States. Before the INA, a variety of statutes governed immigration law but were not organized within one body of text. As a result of the September 11, 2001 attacks, the INA has undergone a major restructuring beginning in March 2003 and its provisions regarding the admissibility and removability of terrorist suspects has received much media and scholarly attention.
Sections 212(a)(3)(B) and 237(4)(b) provide that an alien who has engaged in terrorist activity is not admissible to and removable from the United States, even if he or she has a valid non-immigrant or immigrant visa or a green card.
Contents
1 Section 212(a)(3)(B): Terrorist Activities
1.1 "Engage in Terrorist Activity" Defined
1.2 "Representative" Defined
1.3 "Terrorist Organization" Defined
Section 212(a)(3)(B): Terrorist Activities
The INA defines "terrorist activity" to mean any activity which is unlawful under the laws of the place where it is committed (or which, if committed in the United States, would be unlawful under the laws of the United States or any State) and which involves any of the following:
(I) The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle).
(II) The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained.
(III) A violent attack upon an internationally protected person (as defined in Section 1116(b)(4) of Title 18, United States Code) or upon the liberty of such a person.
(IV) An assassination.
(V) The use of any:
(a) biological agent, chemical agent, or nuclear weapon or device.
(b) explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property.
(VI) A threat, attempt, or conspiracy to do any of the foregoing.
Other pertinent portions of Section 212(a)(3)(B) are set forth below:
"Engage in Terrorist Activity" Defined:
As used in this chapter (Chapter 8 of the INA), the term, "engage in terrorist activity" means in an individual capacity or as a member of an organization:
to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity;
to prepare or plan a terrorist activity;
to gather information on potential targets for terrorist activity;
to solicit funds or other things of value for:
(aa) a terrorist activity;
(bb) a terrorist organization described in Clause (vi)(I) or (vi)(II);
(cc) a terrorist organization described in Clause (vi)(III), unless the solicitor can demonstrate that he did not know, and should not reasonably have known, that the solicitation would further the organization’s terrorist activity;
to solicit any individual:
(aa) to engage in conduce otherwise described in this clause;
(bb) for membership in terrorist organization described in Clause (vi)(I) or (vi)(II); or
(cc) for membership in a terrorist organization described in Clause (vi)(III), unless the solicitor can demonstrate that he did not know, and should not reasonably have known, that the solicitation would further the organization’s terrorist activity; or
to commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training:
(aa) for the commission of a terrorist activity;
(bb) to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity;
(cc) to a terrorist organization described in Clause (vi)(I) or (vi)(II); or
(dd) to a terrorist organization described in Clause (vi)(III), unless the actor can demonstrate that he did not know, and should not reasonably have known, that the act would further the organization’s terrorist activity.
This clause shall not apply to any material support the alien afforded to an organization or individual that has committed terrorist activity, if the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, concludes in his sole unreviewable discretion, that that this clause should not apply."
"Representative" Defined:
As used in this paragraph, the term, "representative" includes an officer, official, or spokesman of an organization, and any person who directs, counsels, commands, or induces an organization or its members to engage in terrorist activity.
"Terrorist Organization" Defined:
As used in Clause (i)(VI) and Clause (iv), the term ‘terrorist organization’ means an organization:
designated under Section 219 [8 U.S.C. § 1189];
otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General, as a terrorist organization, after finding that the organization engages in the activities described in Subclause (I), (II), or (III) of Clause (iv), or that the organization provides material support to further terrorist activity; or
that is a group of two or more individuals, whether organized or not, which engages in the activities described in Subclause (I), (II), or (III) of Clause (iv).
Section 140(d)(2) of the "Foreign Relations Authorization Act", Fiscal Years 1988 and 1989 defines "terrorism" as "premeditated, politically motivated violence, perpetrated against noncombatant targets by subnational groups or clandestine agents."
Title 8--Aliens and Nationality
CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
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PART 1 -- INTRODUCTION AND IMMIGRATION DEFINITIONS
1 Definitions - Definitions
2 Authority of the Secretary of Homeland Security - Authority of the Secretary of Homeland Security
3 Executive Office for Immigration Review - Executive Office for Immigration Review
PART 100 -- STATEMENT OF ORGANIZATION
100.1 Introduction. - Introduction
100.2 Organization and functions. - Organization and functions.
100.3 Places where, and methods. - Places where, and methods whereby, information may be secured or submittals or requests made.
100.4 Field Offices- U.S. Immigration Field Offices.
100.5 Regulations.- Immigration Regulations.
100.6 Rule Making. - Rule making.
100.7 OMB Control Numbers. - OMB control numbers assigned to information collections.
PART 101 -- PRESUMPTION OF LAWFUL IMMIGRATION ADMISSION
101.1 Presumption of lawful Immigration Admission.- Presumption of lawful immigration admission.
101.2 Presumption of lawful Immigration Admission - Erroneous Name.- Presumption of lawful immigration admission; entry under erroneous name or other errors.
101.3 Creation of Record. - Creation of record of lawful permanent resident status for person born under diplomatic status in the United States.
103 Powers and duties; availability of records
109 [Reserved]
204 Immigrant petitions
205 Revocation of approval of petitions
207 Admission of refugees
208 Procedures for asylum and withholding of removal
209 Adjustment of status of refugees and aliens granted asylum
210 Special agricultural workers
211 Documentary requirements: Immigrants; waivers
212 Documentary requirements: Nonimmigrants; waivers; admission of certain inadmissible aliens; parole
213 Admission of aliens on giving bond or cash deposit
213a Affidavits of support on behalf of immigrants
214 Nonimmigrant classes
215 Controls of aliens departing from the United States
216 Conditional basis of lawful permanent residence status
217 Visa waiver program
221 Admission of visitors or students
223 Reentry permits, refugee travel documents, and advance parole documents
231 Arrival and departure manifests
232 Detention of aliens for physical and mental examination
233 Contracts with transportation lines
234 Designation of ports of entry for aliens arriving by civil aircraft
235 Inspection of persons applying for admission
236 Apprehension and detention of inadmissible and deportable aliens; removal of aliens ordered removed
237 [Reserved]
238 Expedited removal of aggravated felons
239 Initiation of removal proceedings
240 Proceedings to determine removability of aliens in the United States
241 Apprehension and detention of aliens ordered removed
242-243 [Reserved]
244 Temporary protected status for nationals of designated states
245 Adjustment of status to that of person admitted for permanent residence
245a Adjustment of status to that of persons admitted for lawful temporary or permanent resident status under section 245A of the Immigration and Nationality Act
246 Rescission of adjustment of status
247 Adjustment of status of certain resident aliens
248 Change of nonimmigrant classification
249 Creation of records of lawful admission for permanent residence
250 Removal of aliens who have fallen into distress
251 Arrival and departure manifests and lists: Supporting documents
252 Landing of alien crewmen
253 Parole of alien crewmen
258 Limitations on performance of longshore work by alien crewmen
264 Registration and fingerprinting of aliens in the United States
265 Notices of address
270 Penalties for document fraud
271 Diligent and reasonable efforts to prevent the unauthorized entry of aliens by the owners of railroad lines, international bridges or toll roads
273 Carrier responsibilities at foreign ports of embarkation; reducing, refunding, or waiving fines under section 273 of the Act
274 Seizure and forfeiture of conveyances
274a Control of employment of aliens
280 Imposition and collection of fines
286 Immigration user fee
287 Field officers; powers and duties
289 American Indians born in Canada
292 Representation and appearances
293 Deposit of and interest on cash received to secure immigration bonds
299 Immigration forms
301 Nationals and citizens of the United States at birth
306 Special classes of persons who may be naturalized: Virgin Islanders
310 Naturalization authority
312 Educational requirements for naturalization
313 Membership in the Communist Party or any other totalitarian organizations
315 Persons ineligible to citizenship: Exemption from military service
316 General requirements for naturalization
318 Pending removal proceedings
319 Special classes of persons who may be naturalized: Spouses of United States citizens
320 Child born outside the United States and residing permanently in the United States; requirements for automatic acquisition of citizenship
322 Child born outside the United States; requirements for application for certificate of citizenship
324 Special classes of persons who may be naturalized: Women who have lost United States citizenship by marriage and former citizens whose naturalization is authorized by private law
325 Nationals but not citizens of the United States; residence within outlying possessions
327 Special classes of persons who may be naturalized: Persons who lost United States citizenship through service in armed forces of foreign country during World War II
328 Special classes of persons who may be naturalized: Persons with three years service in Armed Forces of the United States
329 Special classes of persons who may be naturalized: Naturalization based upon active duty service in the United States Armed Forces during specified periods of hostilities
330 Special classes of persons who may be naturalized: Seamen
331 Alien enemies; naturalization under specified conditions and procedures
332 Naturalization administration
333 Photographs
334 Application for naturalization
335 Examination on application for naturalization
336 Hearings on denials of applications for naturalization
337 Oath of allegiance
338 Certificate of naturalization
339 Functions and duties of clerks of court regarding naturalization proceedings
340 Revocation of naturalization
341 Certificates of citizenship
342 Administrative cancellation of certificates, documents, or records
343 Certificate of naturalization or repatriation; persons who resumed citizenship under section 323 of the Nationality Act of 1940, as amended, or section 4 of the Act of June 29, 1906
343a Naturalization and citizenship papers lost, mutilated, or destroyed; new certificate in changed name; certified copy of repatriation proceedings
343b Special certificate of naturalization for recognition by a foreign state
343c Certifications from records
349 Loss of nationality
392 Special classes of persons who may be naturalized: Persons who die while serving on active duty with the United States Armed Forces during certain periods of hostilities
499 Nationality forms
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CHAPTER V--EXECUTIVE OFFICE OF IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE
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1001 Definitions
1003 Executive Office for Immigration Review
1101 Presumption of lawful admission
1103 Appeals, records, and fees
1204 Immigrant petitions
1205 Revocation of approval of petitions
1207 Admission of refugees
1208 Procedures for asylum and withholding of removal
1209 Adjustment of status of refugees and aliens granted asylum
1211 Documentary requirements: Immigrants; waivers
1212 Documentary requirements: Nonimmigrants; waivers; admission of certain inadmissible aliens; parole
1214 Review of nonimmigrant classes
1215 Controls of aliens departing from the United States
1216 Conditional basis of lawful permanent residence status
1235 Inspection of persons applying for admission
1236 Apprehension and detention of inadmissable and deportable aliens; removal of aliens ordered removed
1238 Expedited removal of aggravated felons
1239 Initiation of removal proceedings
1240 Proceedings to determine removability of aliens in the United States
1241 Apprehension and detention of aliens ordered removed
1244 Temporary protected status for nationals of designated states
1245 Adjustment of status to that of person admitted for permanent residence
1246 Rescission of adjustment of status
1249 Creation of records of lawful admission for permanent residence
1270 Penalties for document fraud
1274a Control of employment of aliens
1280 Imposition and collection of fines
1287 Field officers; powers and duties
1292 Representation and appearances
1299 Immigration review forms
1337 Oath of allegiance
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