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

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 6914 Federal Register / Vol. 79, No. 24 / Wednesday, February 5, 2014 / Notices 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control a decision regarding any subsequent benefit or protection applications, unless such exercise of authority has been revoked.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 VerDate Mar<15>2010 16:50 Feb 04, 2014 Jkt 232001 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] BILLING CODE 9110–9M–P 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 Office of the Secretary, DHS; Office of the Secretary, DOS. ACTION: Notice of determination. AGENCY: 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 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 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 E:\FR\FM\05FEN1.SGM 05FEN1 Federal Register / Vol. 79, No. 24 / Wednesday, February 5, 2014 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES (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] BILLING CODE 9110–9M–P VerDate Mar<15>2010 16:50 Feb 04, 2014 Jkt 232001 DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [OMB Control Number 1615–0068] Agency Information Collection Activities: Registration for Classification as a Refugee, Form I– 590; Revision of a Currently Approved Collection ACTION: 30-Day notice. The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection notice was previously published in the Federal Register on September 20, 2013, at 78 FR 57870, allowing for a 60-day public comment period. USCIS received one comment in connection with the 60-day notice. DATES: The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until March 7, 2014. This process is conducted in accordance with 5 CFR 1320.10. ADDRESSES: Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, must be directed to the OMB USCIS Desk Officer via email at oira_submission@ omb.eop.gov. The comments submitted to the OMB USCIS Desk Officer may also be submitted to DHS via the Federal eRulemaking Portal Web site at http://www.regulations.gov under eDocket ID number USCIS–2007–0036 or via email at uscisfrcomment@ uscis.dhs.gov. All submissions received must include the agency name and the OMB Control Number 1615–0068. Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal eRulemaking Portal at http://www.regulations.gov, and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to consider limiting the amount of personal information that you provide in any voluntary submission you make to DHS. For additional information please read the Privacy Act notice that is available via the link in the footer of http:// www.regulations.gov. SUMMARY: PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 6915 Note: The address listed in this notice should only be used to submit comments concerning this information collection. Please do not submit requests for individual case status inquiries to this address. If you are seeking information about the status of your individual case, please check ‘‘My Case Status’’ online at: https://egov.uscis.gov/cris/ Dashboard.do, or call the USCIS National Customer Service Center at 1–800–375–5283. Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection (1) Type of Information Collection Request: Revision of a Currently Approved Collection. (2) Title of the Form/Collection: Registration for Classification as Refuge. (3) Agency form number, if any, and the applicable component of the DHS sponsoring the collection: Form I–590; USCIS. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. Form I–590 provides a uniform method for applicants to apply for refugee status and contains the information needed for USCIS to adjudicate such applications. The revised Form I–590 includes additional questions that have been transferred from Form G–646, Sworn Statement of Refugee Applying for Admission into the United States. These questions assist USCIS in determining whether an applicant is inadmissible to the United States. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: Registration for E:\FR\FM\05FEN1.SGM 05FEN1

Agencies

[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.

-----------------------------------------------------------------------

    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]
BILLING CODE 9110-9M-P