What This Bill Does
This bill changes immigration laws to make it easier to remove people from the United States who appear in a terrorist screening database. The bill also prevents these individuals from getting certain immigration benefits like asylum or staying in the country through other legal processes.
##
Who It Affects
* People identified in the terrorist screening database who are not permanent residents
* The Secretary of Homeland Security (the federal agency in charge of immigration)
* The Attorney General, FBI Director, Director of National Intelligence, and Secretary of State (required to approve certain exceptions)
* Immigration judges and courts handling removal cases
##
Key Provisions
* People identified in the terrorist screening database become ineligible to enter or stay in the United States, except permanent residents who already have legal status (Sec. 2)
* The Secretary of Homeland Security can grant case-by-case exceptions only if all four officials unanimously agree it serves national security interests (Sec. 4)
* People identified in the terrorist screening database cannot receive asylum, cancellation of removal (a way to avoid deportation), voluntary departure permission, or other immigration benefits (Sec. 5)
* The government must use expedited (faster) removal procedures for these individuals without going through standard court hearings (Sec. 6)
* Removal orders cannot be carried out for 14 calendar days to allow time for legal challenges, unless the person waives this waiting period (Sec. 6)
##
What Changes
If this law passes, federal immigration officials will have authority to remove people from the terrorist screening database without following standard removal procedures that normally require immigration court hearings. These individuals lose access to most ways they could currently stay in or return to the United States. Permanent residents identified in the database remain protected from removal under this new rule, but all others face expedited removal.
##
Important Definitions
* Terrorist screening database: The list maintained by the federal government of individuals identified as potential security threats (referenced but not defined in this bill)
* Nonimmigrant: A person allowed to temporarily enter the United States for specific purposes (like tourism or business)
* Permanent resident: A person lawfully admitted to live permanently in the United States
##
Effective Date
The bill takes effect on the date it becomes law and applies to all people identified in the terrorist screening database on or after that date (Sec. 7).
I
118TH CONGRESS
1ST SESSION
H. R. 778
To amend the Immigration and Nationality Act to facilitate the removal
of aliens identified in the terrorist screening database, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 2, 2023
Mr. DUNCAN (for himself, Mrs. HARSHBARGER, Mr. NORMAN, Mrs. MILLER
of Illinois, Mr. GOSAR, Mr. MOORE of Alabama, Mr. POSEY, Mr. ZINKE,
and Mr. CARTER of Georgia) introduced the following bill; which was re-
ferred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to facilitate
the removal of aliens identified in the terrorist screening
database, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Terrorist Deportation
4
Act of 2023’’.
5
SEC. 2. INADMISSIBILITY OF ALIENS IDENTIFIED IN TER-
6
RORIST SCREENING DATABASE.
7
Section 212(a)(3)(B)(i) of the Immigration and Na-
8
tionality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended—
9
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•HR 778 IH
(1) in subclause (VIII), by striking ‘‘or’’ at the
1
end;
2
(2) by redesignating subclause (IX) as sub-
3
clause (X); and
4
(3) by inserting after subclause (VIII) the fol-
5
lowing:
6
‘‘(IX) is identified in the terrorist
7
screening database (as such term is
8
defined in section 2101(10) of the
9
Homeland Security Act of 2002 (6
10
U.S.C. 621(10))), except for an alien
11
lawfully admitted for permanent resi-
12
dence
(as
defined
in
section
13
101(a)(20)); or’’.
14
SEC. 3. DEPORTABILITY OF ALIENS IDENTIFIED IN TER-
15
RORIST SCREENING DATABASE.
16
Section 237(a)(4)(B) of the Immigration and Nation-
17
ality Act (8 U.S.C. 1227(a)(4)(B)) is amended by insert-
18
ing before the period at the end the following ‘‘, except
19
that an alien lawfully admitted for permanent residence
20
(as defined in section 101(a)(20)) is not deportable for
21
being described in subparagraph (B)(i)(IX) of section
22
212(a)(3)’’.
23
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•HR 778 IH
SEC. 4. WAIVERS OF GROUND OF INADMISSIBILITY FOR
1
ALIENS IDENTIFIED IN TERRORIST SCREEN-
2
ING DATABASE.
3
Section 212(d)(3) of the Immigration and Nationality
4
Act (8 U.S.C. 1182(d)(3)) is amended—
5
(1) in each of clauses (i) and (ii) of subpara-
6
graph (A), by inserting ‘‘and other than paragraph
7
(3)(B)(i)(IX) of such subsection except as provided
8
in subparagraph (C)’’ after ‘‘of such subsection’’;
9
(2) in subparagraph (B)(i), by inserting ‘‘or
10
who
is
within
the
scope
of
subsection
11
(a)(3)(B)(i)(IX) except as provided in subparagraph
12
(C),’’ after ‘‘(a)(3)(B)(i)(II),’’; and
13
(3) by adding at the end the following:
14
‘‘(C)(i) Subject to clause (ii) and only on an indi-
15
vidual case-by-case basis, if the Secretary of Homeland Se-
16
curity determines in the Secretary’s unreviewable discre-
17
tion that it is in the national security interests of the
18
United States, an alien—
19
‘‘(I) may be granted a nonimmigrant visa and
20
be admitted into the United States temporarily as a
21
nonimmigrant under subparagraph (A)(i);
22
‘‘(II) may be admitted into the United States
23
temporarily as a nonimmigrant under subparagraph
24
(A)(ii); and
25
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•HR 778 IH
‘‘(III) shall not be subject to subsection
1
(a)(3)(B)(i)(IX).
2
‘‘(ii) The Secretary of Homeland Security may grant
3
a waiver under clause (i) with respect to an alien only with
4
the unanimous concurrence of the Attorney General, the
5
Director of the Federal Bureau of Investigation, the Di-
6
rector of National Intelligence, and the Secretary of
7
State.’’.
8
SEC. 5. UNAVAILABILITY OF CERTAIN IMMIGRATION BENE-
9
FITS TO ALIENS IDENTIFIED IN TERRORIST
10
SCREENING DATABASE.
11
(a) ASYLUM.—Section 208(b)(2)(A)(v) of the Immi-
12
gration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(v))
13
is amended by striking ‘‘or (VI)’’ and inserting ‘‘(VI), or
14
(IX)’’.
15
(b)
WITHHOLDING
OF
REMOVAL.—Section
16
241(b)(3)(B) of the Immigration and Nationality Act (8
17
U.S.C. 1231(b)(3)(B)) is amended, in the matter pre-
18
ceding clause (i), by inserting ‘‘inadmissible under section
19
212(a)(3)(B)(i)(IX)
or
deportable
under
section
20
237(a)(4)(B) as a consequence of being described in sec-
21
tion 212(a)(3)(B)(i)(IX), or’’ after ‘‘does not apply to an
22
alien’’.
23
(c) CANCELLATION OF REMOVAL.—
24
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•HR 778 IH
(1) CANCELLATION OF REMOVAL FOR CERTAIN
1
PERMANENT
RESIDENTS.—Section 240A(a) of the
2
Immigration
and
Nationality
Act
(8
U.S.C.
3
1229b(a)) is amended, in the matter preceding para-
4
graph (1), by striking ‘‘inadmissible or deportable’’
5
and inserting ‘‘inadmissible (except an alien who is
6
inadmissible under section 212(a)(3)(B)(i)(IX)) or
7
deportable (except an alien who is deportable under
8
section 237(a)(4)(B) as a consequence of being de-
9
scribed in section 212(a)(3)(B)(i)(IX))’’.
10
(2) CANCELLATION OF REMOVAL FOR CERTAIN
11
NONPERMANENT
RESIDENTS.—Section 240A(b)(1)
12
of the Immigration and Nationality Act (8 U.S.C.
13
1229b(b)(1)) is amended, in the matter preceding
14
subparagraph (A), by striking ‘‘inadmissible or de-
15
portable’’ and inserting ‘‘inadmissible (except an
16
alien
who
is
inadmissible
under
section
17
212(a)(3)(B)(i)(IX)) or deportable (except an alien
18
who is deportable under section 237(a)(4)(B) as a
19
consequence
of
being
described
in
section
20
212(a)(3)(B)(i)(IX))’’.
21
(d) VOLUNTARY DEPARTURE.—Section 240B(c) of
22
the Immigration and Nationality Act (8 U.S.C. 1229c(c))
23
is amended to read as follows:
24
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•HR 778 IH
‘‘(c) ALIENS INELIGIBLE.—The Secretary of Home-
1
land Security shall not permit an alien to depart volun-
2
tarily under this section if the alien—
3
‘‘(1) was previously permitted to so depart after
4
having been found inadmissible under section
5
212(a)(6)(A); or
6
‘‘(2)
is
inadmissible
under
section
7
212(a)(3)(B)(i)(IX) or deportable under section
8
237(a)(4)(B) as a consequence of being described in
9
section 212(a)(3)(B)(i)(IX).’’.
10
(e) ADJUSTMENT OF STATUS.—Section 245 of the
11
Immigration and Nationality Act (8 U.S.C. 1255) is
12
amended—
13
(1) in subsection (c), by striking item (6) and
14
inserting ‘‘(6) an alien who is inadmissible under
15
section 212(a)(3)(B)(i)(IX) or deportable under sec-
16
tion 237(a)(4)(B);’’; and
17
(2) in subsection (m)(1), in the matter pre-
18
ceding
subparagraph
(A),
by
striking
19
‘‘212(a)(3)(E),’’
and
inserting
‘‘subparagraph
20
(B)(i)(IX) or (E) of section 212(a)(3) or section
21
237(a)(4)(B) as a consequence of being described in
22
section 212(a)(3)(B)(i)(IX),’’.
23
(f) REGISTRY.—Section 249 of the Immigration and
24
Nationality Act (8 U.S.C. 1259) is amended—
25
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•HR 778 IH
(1) by striking ‘‘Attorney General’’ each place
1
such term appears and inserting ‘‘Secretary of
2
Homeland Security’’; and
3
(2) by striking ‘‘inadmissible under section
4
212(a)(3)(E) or under’’ and inserting ‘‘inadmissible
5
under section 212(a)(3)(B)(i)(IX) or (E) or deport-
6
able
from
the
United
States
under
section
7
237(a)(4)(B) as a consequence of being described in
8
section 212(a)(3)(B)(i)(IX) or under’’.
9
(g) CONVENTION AGAINST TORTURE.—Not later
10
than 120 days after the date of the enactment of this Act,
11
the Secretary of Homeland Security shall revise the regu-
12
lations found at sections 208.16 through 208.18 of title
13
8, Code of Federal Regulations, implementing the United
14
Nations Convention Against Torture and Other Forms of
15
Cruel, Inhuman or Degrading Treatment or Punishment,
16
done at New York on December 10, 1984. The revised
17
regulations—
18
(1) shall exclude from the protection of such
19
regulations
aliens
described
in
section
20
212(a)(3)(B)(i)(IX) of the Immigration and Nation-
21
ality Act (8 U.S.C. 1182(a)(3)(B)(i)(IX)) and make
22
such aliens ineligible for withholding or deferral of
23
removal under the immigration laws (as defined in
24
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8
•HR 778 IH
section 101(a)(17) of the Immigration and Nation-
1
ality Act (8 U.S.C. 1101(a)(17))); and
2
(2) shall ensure that the revised regulations op-
3
erate so as to allow for the reopening and readjudi-
4
cation of determinations made under the regulations
5
before the effective date of the revision and apply to
6
acts and conditions constituting grounds of ineligi-
7
bility for the protection of such regulations (includ-
8
ing ineligibility for withholding or deferral of re-
9
moval) as revised, regardless of when such acts or
10
conditions occurred.
11
SEC. 6. EXPEDITED REMOVAL OF ALIENS INADMISSIBLE OR
12
DEPORTABLE ON SECURITY AND RELATED
13
GROUNDS.
14
Section 238 of the Immigration and Nationality Act
15
(8 U.S.C. 1228) is amended—
16
(1) in the section heading, by adding at the end
17
the following: ‘‘OR INADMISSIBLE OR DEPORTABLE
18
ON SECURITY OR RELATED GROUNDS’’;
19
(2) by redesignating the subsections succeeding
20
subsection (b) as subsections (d) and (e), respec-
21
tively; and
22
(3) by inserting after subsection (b) the fol-
23
lowing:
24
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•HR 778 IH
‘‘(c) REMOVAL OF ALIENS WHO ARE NOT PERMA-
1
NENT RESIDENTS AND WHO ARE INADMISSIBLE OR DE-
2
PORTABLE ON SECURITY OR RELATED GROUNDS.—
3
‘‘(1) IN GENERAL.—The Secretary of Homeland
4
Security, in accordance with paragraph (3)—
5
‘‘(A) notwithstanding section 240, in the
6
case of every alien described in paragraph (2),
7
shall determine the inadmissibility of such alien
8
under section 212(a)(3)(B)(i)(IX) or the de-
9
portability
of
such
alien
under
section
10
237(a)(4)(B) as a consequence of being de-
11
scribed in section 212(a)(3)(B)(i)(IX) and issue
12
an order of removal pursuant to the procedures
13
set forth in this subsection to every such alien
14
determined to be inadmissible under section
15
212(a)(3)(B)(i)(IX) or deportable under section
16
237(a)(4)(B) as a consequence of being de-
17
scribed in section 212(a)(3)(B)(i)(IX); and
18
‘‘(B) in the case of an alien described in
19
paragraph (2) who is not issued an order under
20
subparagraph (A), may determine the inadmis-
21
sibility of such alien under section 212(a)(3)(B)
22
(other than subparagraph (B)(i)(IX)) or the de-
23
portability
of
such
alien
under
section
24
237(a)(4)(B) (other than as a consequence of
25
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•HR 778 IH
being described in section 212(a)(3)(B)(i)(IX))
1
and issue an order of removal pursuant to the
2
procedures set forth in this subsection or sec-
3
tion 240.
4
‘‘(2) ALIENS
DESCRIBED.—An alien is de-
5
scribed in this paragraph if—
6
‘‘(A) the alien has not been granted a
7
waiver under section 212(d)(3)(C); and
8
‘‘(B) the alien—
9
‘‘(i) was not lawfully admitted for per-
10
manent residence at the time at which pro-
11
ceedings under this subsection commenced;
12
or
13
‘‘(ii) had permanent resident status
14
on a conditional basis (as described in sec-
15
tion 216) at the time that proceedings
16
under this subsection commenced.
17
‘‘(3) EXPEDITED
PROCEEDINGS.—Proceedings
18
under this subsection shall be in accordance with
19
such regulations as the Secretary of Homeland Secu-
20
rity shall prescribe. The Secretary shall ensure
21
that—
22
‘‘(A) the alien is given reasonable notice of
23
the charges and of the opportunity described in
24
subparagraph (C);
25
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•HR 778 IH
‘‘(B) the alien shall have the privilege of
1
being represented (at no expense to the govern-
2
ment) by such counsel, authorized to practice in
3
such proceedings, as the alien shall choose;
4
‘‘(C) the alien has a reasonable oppor-
5
tunity to inspect the evidence and rebut the
6
charges;
7
‘‘(D) a determination is made for the
8
record that the individual upon whom the notice
9
for the proceeding under this section is served
10
(either in person or by mail) is, in fact, the
11
alien named in such notice;
12
‘‘(E) a record is maintained for judicial re-
13
view; and
14
‘‘(F) the final order of removal is not adju-
15
dicated by the same person who issues the
16
charges.
17
‘‘(4) JUDICIAL
REVIEW.—The Secretary of
18
Homeland Security may not execute any order de-
19
scribed in paragraph (1) until 14 calendar days have
20
passed from the date that such order was issued, un-
21
less waived by the alien, in order that the alien has
22
an opportunity to apply for judicial review under
23
section 242.
24
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•HR 778 IH
‘‘(5) INELIGIBILITY
FOR
DISCRETIONARY
RE-
1
LIEF FROM REMOVAL.—No alien adjudicated inad-
2
missible or deportable in a proceeding under this
3
subsection shall be eligible for any relief from re-
4
moval that the Secretary of Homeland Security may
5
grant in the Secretary’s discretion.’’.
6
SEC. 7. EFFECTIVE DATE; APPLICABILITY.
7
This Act and the amendments made by this Act shall
8
take effect on the date of the enactment of this Act and
9
shall apply to all aliens identified in the terrorist screening
10
database (as such term is defined in section 2101(10) of
11
the Homeland Security Act of 2002 (6 U.S.C. 621(10)))
12
on or after such date.
13
Æ
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