Exercise of Authority Under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act, 18108-18109 [2019-08567]

Agencies

• DEPARTMENT OF STATE
• Office of the Secretary

[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Notices]
[Pages 18108-18109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08567]


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DEPARTMENT OF STATE

Office of the Secretary

[Public Notice: 10738]


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

    Following consultations with the Secretary of Homeland Security and 
the Attorney General, the Secretary of State hereby concludes, as a 
matter of discretion in accordance with the authority granted 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 considering the national 
security and foreign policy interests deemed relevant in these 
consultations, that INA section 212(a)(3)(B)(i), 8 U.S.C. 
1182(a)(3)(B)(i), excluding subclause (i)(II), shall not apply with 
respect to an alien, for purposes of any visa or other immigration-
related application, for any activity or association relating to the 
Lebanese Forces militias, provided 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, to the best of his or her knowledge, in 
all relevant applications and interviews with U.S. government 
representatives and agents, the nature and circumstances of all 
activities or associations falling within the scope of INA section 
212(a)(3)(B)(i), 8 U.S.C. 1182(a)(3)(B)(i);
    (d) Has not participated in, or knowingly provided material support 
to, terrorist activities that targeted noncombatant persons, or U.S. 
interests;
    (e) Has not engaged in terrorist activity, not otherwise exempted, 
outside the context of the Lebanese civil war of 1975-1990;
    (f) Poses no danger to the safety and security of the United 
States; and
    (g) Warrants an exemption from the relevant inadmissibility 
provisions in the totality of the circumstances.
    Implementation of this determination will be made by U.S. 
Citizenship and Immigration Services (USCIS) or by U.S. consular 
officers, as applicable, who shall ascertain, to their satisfaction, 
and in their discretion, that the particular applicant meets each of 
the criteria set forth above. The exercise of authority described 
herein may be revoked at any time as a matter of discretion and without 
notice. 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 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

[[Page 18109]]

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 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 Department of State or 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.
    The foregoing determination is based on assessments related to the 
national security and foreign policy interests of the United States as 
they apply to the particular category of persons described herein and 
shall not have any application with respect to any other persons or to 
other provisions of U.S. law.

    Dated: April 19, 2019.
Michael R. Pompeo,
Secretary of State.
[FR Doc. 2019-08567 Filed 4-26-19; 8:45 am]
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