Exercise of Authority Under Sec. 212(d)(3)(B)(i) of the Immigration and Nationality Act, 9957-9958 [E7-3913]

Download as PDF Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices 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 Sec. 212(d)(3)(B)(ii) of the Act, 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, 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: February 20, 2007. Michael Chertoff, Secretary of Homeland Security. [FR Doc. E7–3911 Filed 3–5–07; 8:45 am] BILLING CODE 4410–10–P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary Exercise of Authority Under Sec. 212(d)(3)(B)(i) of the Immigration and Nationality Act Office of the Secretary, DHS. Notice of determination. AGENCY: ACTION: This determination is effective February 20, 2007. DATES: cprice-sewell on PROD1PC67 with NOTICES Authority: 8 U.S.C. 1182(d)(3)(B)(i). Following consultations with the Secretary of State and the Attorney General, I hereby conclude, as a matter of discretion in accordance with the authority granted to me by Sec. 212(d)(3)(B)(i) of the Immigration and Nationality Act (‘‘the Act’’), considering the national security and foreign policy interests deemed relevant in these consultations, that subsection 212(a)(3)(B)(iv)(VI) of the Act shall not apply with respect to material support provided to the Chin National Front/ Chin National Army (CNF/CNA) by an alien who satisfies the agency that he: (a) Is seeking a benefit or protection under the Act and has been determined VerDate Aug<31>2005 15:35 Mar 05, 2007 Jkt 211001 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 provision of such material support; and (d) Poses no danger to the safety and security of the United States. 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). USCIS has discretion to determine whether the criteria are met. I may revoke this exercise of authority 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 Sec. 212(d)(3)(B)(ii) of the Act, 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, 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: February 20, 2007. Michael Chertoff, Secretary of Homeland Security. [FR Doc. E7–3912 Filed 3–5–07; 8:45 am] BILLING CODE 4410–10–P PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 9957 DEPARTMENT OF HOMELAND SECURITY Office of the Secretary Exercise of Authority Under Sec. 212(d)(3)(B)(i) of the Immigration and Nationality Act Office of the Secretary, DHS. Notice of determination. AGENCY: ACTION: This determination is effective February 20, 2007. DATES: Authority: 8 U.S.C. 1182(d)(3)(B)(i). Following consultations with the Secretary of State and the Attorney General, I hereby conclude, as a matter of discretion in accordance with the authority granted to me by Sec. 212(d)(3)(B)(i) of the Immigration and Nationality Act (‘‘the Act’’), considering the national security and foreign policy interests deemed relevant in these consultations, that subsection 212(a)(3)(B)(iv)(VI) of the Act shall not apply with respect to material support provided to the Chin National League for Democracy (CNLD) by an alien who satisfies the agency that he: (a) Is seeking a benefit or protection under the Act 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 provision of such material support; and (d) Poses no danger to the safety and security of the United States. 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). USCIS has discretion to determine whether the criteria are met. I may revoke this exercise of authority 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 E:\FR\FM\06MRN1.SGM 06MRN1 9958 Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices 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 Sec. 212(d)(3)(B)(ii) of the Act, 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, 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: February 20, 2007. Michael Chertoff, Secretary of Homeland Security. [FR Doc. E7–3913 Filed 3–5–07; 8:45 am] BILLING CODE 4410–10–P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary Exercise of Authority Under Sec. 212(d)(3)(B)(i) of the Immigration and Nationality Act AGENCY: ACTION: Office of the Secretary, DHS. Notice of determination. This determination is effective February 26, 2007. DATES: cprice-sewell on PROD1PC67 with NOTICES Authority: 8 U.S.C. 1182(d)(3)(B)(i). Following consultations with the Secretary of State and the Attorney General, I hereby conclude, as a matter of discretion in accordance with the authority granted to me by Sec. 212(d)(3)(B)(i) of the Immigration and Nationality Act (‘‘the Act’’), considering the national security and foreign policy interests deemed relevant in these consultations, that subsection 212(a)(3)(B)(iv)(VI) of the Act shall not apply with respect to material support provided under duress to a terrorist organization as described in subsection 212(a)(3)(B)(vi)(III) if warranted by the totality of the circumstances. This exercise of authority as a matter of discretion shall apply to an alien who satisfies the agency that he: (a) Is seeking a benefit or protection under the Act and has been determined to be otherwise eligible for the benefit or protection; VerDate Aug<31>2005 15:35 Mar 05, 2007 Jkt 211001 (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 provision of such material support; and (d) Poses no danger to the safety and security of the United States. 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). USCIS has discretion to determine whether the criteria are met. When determining whether the material support was provided under duress, the following factors, among others, may be considered: whether the applicant reasonably could have avoided, or took steps to avoid, providing material support, the severity and type of harm inflicted or threatened, to whom the harm was directed, and, in cases of threats alone, the perceived imminence of the harm threatened and the perceived likelihood that the harm would be inflicted. When considering the totality of the circumstances, factors to be considered, in addition to the duress-related factors stated above, may include, among others: the amount, type and frequency of material support provided, the nature of the activities committed by the terrorist organization, the alien’s awareness of those activities, the length of time since material support was provided, the alien’s conduct since that time, and any other relevant factor. I may revoke this exercise of authority 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 it 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. This exercise of authority does not affect the continued applicability of any other securityrelated ground of inadmissibility in section 212 of the Act, including subsections 212(a)(3)(B)(iv)(I) through (V), which continue to render PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 inadmissible those who have engaged in terrorist activity as enumerated by those subsections. In accordance with Sec. 212(d)(3)(B)(ii) of the Act, 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 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 aliens described herein and shall not have any application with respect to other persons or to other provisions of U.S. law. Dated: February 26, 2007. Michael Chertoff, Secretary of Homeland Security. [FR Doc. E7–3914 Filed 3–5–07; 8:45 am] BILLING CODE 4410–10–P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary [DHS–2007–0008] Data Privacy and Integrity Advisory Committee Office of the Secretary, Department of Homeland Security. ACTION: Notice of Federal Advisory Committee meeting. AGENCY: SUMMARY: The Data Privacy and Integrity Advisory Committee will meet on March 21, 2007 in Washington, DC. This meeting will be open to the public. DATES: The Data Privacy and Integrity Advisory Committee will meet on Wednesday, March 21, 2007 from 9 a.m. to 12:30 p.m. and 2:15 p.m. to 3:30 p.m. Please note that the meeting may close early if the committee has completed its business. ADDRESSES: The meeting will be held at the Crowne Plaza Washington National Airport, 1480 Crystal Drive, Arlington, Virginia. Send written material, comments, and requests to make oral presentations to Rebecca J. Richards, Executive Director, Data Privacy and Integrity Advisory Committee, Department of Homeland Security, Washington, DC 20528. Written materials, comments, and requests to make oral presentations at the meeting should reach the contact person listed by March 16, 2007. Requests to have a copy of your material distributed to each member of the committee prior to E:\FR\FM\06MRN1.SGM 06MRN1

Agencies

[Federal Register Volume 72, Number 43 (Tuesday, March 6, 2007)]
[Notices]
[Pages 9957-9958]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3913]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary


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

AGENCY: Office of the Secretary, DHS.

ACTION: Notice of determination.

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DATES: This determination is effective February 20, 2007.

    Authority: 8 U.S.C. 1182(d)(3)(B)(i).

    Following consultations with the Secretary of State and the 
Attorney General, I hereby conclude, as a matter of discretion in 
accordance with the authority granted to me by Sec. 212(d)(3)(B)(i) of 
the Immigration and Nationality Act (``the Act''), considering the 
national security and foreign policy interests deemed relevant in these 
consultations, that subsection 212(a)(3)(B)(iv)(VI) of the Act shall 
not apply with respect to material support provided to the Chin 
National League for Democracy (CNLD) by an alien who satisfies the 
agency that he:
    (a) Is seeking a benefit or protection under the Act 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 provision of such material support; and
    (d) Poses no danger to the safety and security of the United 
States.
    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). USCIS has discretion to 
determine whether the criteria are met.
    I may revoke this exercise of authority 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

[[Page 9958]]

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 Sec. 212(d)(3)(B)(ii) of the Act, 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, 
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: February 20, 2007.
Michael Chertoff,
Secretary of Homeland Security.
[FR Doc. E7-3913 Filed 3-5-07; 8:45 am]
BILLING CODE 4410-10-P

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