Office of the Secretary; Exercise of Authority Under the Immigration and Nationality Act, 17230 [2019-08254]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 84, Number 79 (Wednesday, April 24, 2019)]
[Notices]
[Page 17230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08254]


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DEPARTMENT OF STATE

[Public Notice 10746]


Office of the Secretary; Exercise of Authority Under the 
Immigration and Nationality Act

AGENCY: 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 Secretary of Homeland Security and 
the Attorney General, I hereby determine, as a matter of discretion in 
accordance with the authority granted to me by section 212(d)(3)(B)(i) 
of the Immigration and Nationality Act (INA), 8 U.S.C. 
1182(d)(3)(B)(i), as amended, and in light of the foreign policy and 
national security interests deemed relevant in these consultations, 
that section 212(a)(3)(B)(vi)(III) of the INA, 8 U.S.C. 
1182(a)(3)(B)(vi)(III), shall not apply to any ministry, department, 
agency, division, or other group or sub-group within any foreign 
government; except that this exercise of authority shall not apply to 
any group designated under section 219 of the INA or any group 
prohibited from benefiting from an exercise of authority under section 
212(d)(3)(B)(i) of the INA for having engaged in terrorist activity 
against the United States or another democratic country, or having 
purposefully engaged in a pattern or practice of terrorist activity 
that is directed at civilians. This waiver applies both retroactively 
and prospectively.
    This determination will be applied by appropriate officials of the 
Department of Homeland Security and U.S. consular officers, as 
applicable.
    This exercise of authority may be revoked in whole or in part as a 
matter of discretion and without notice at any time, with respect to 
any and all groups subject to it.
    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 
group potentially covered by this exercise of authority or any 
beneficiary of this exercise of authority or 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 this exercise of authority shall be 
provided within one week by the U.S. Department of State to the 
specified congressional committees.
    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 groups generally described herein and shall not have 
any application with respect to other groups or to other provisions of 
U.S. law.

    Dated; April 15, 2019.
Michael R. Pompeo,
Secretary of State.
[FR Doc. 2019-08254 Filed 4-23-19; 8:45 am]
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