Exercise of Authority Under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act, 6914-6915 [2014-02357]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• DEPARTMENT OF STATE
• Office of the Secretary

[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Notices]
[Pages 6914-6915]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02357]


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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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    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 the 
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 limited 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), that involves (1) certain 
routine commercial transactions or certain routine social transactions 
(i.e., in the satisfaction of certain well-established or verifiable 
family, social, or cultural obligations), (2) certain humanitarian 
assistance, or (3) substantial pressure that does not rise to the level 
of duress, provided, however, 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 the material support with any intent or desire 
to assist any terrorist organization or terrorist activity;
    (e) Has not provided material support (1) that the alien knew or 
reasonably should have known could directly be used to engage in 
terrorist or violent activity or (2) 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 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

[[Page 6915]]

    (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. 2014-02357 Filed 2-4-14; 8:45 am]
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