Terrorist Deportation Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 146 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 JANUARY 3, 2019 Mr. DUNCAN (for himself, Mr. GOSAR, Mr. NORMAN, Mr. KING of Iowa, and Mr. MEADOWS) introduced the following bill; which was referred 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 2019’’. 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 VerDate Sep 11 2014 23:04 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H146.IH H146 kjohnson on DSK79L0C42 with BILLS 2 •HR 146 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 VerDate Sep 11 2014 23:04 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H146.IH H146 kjohnson on DSK79L0C42 with BILLS 3 •HR 146 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 VerDate Sep 11 2014 23:04 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H146.IH H146 kjohnson on DSK79L0C42 with BILLS 4 •HR 146 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 VerDate Sep 11 2014 23:04 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H146.IH H146 kjohnson on DSK79L0C42 with BILLS 5 •HR 146 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 VerDate Sep 11 2014 23:04 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H146.IH H146 kjohnson on DSK79L0C42 with BILLS 6 •HR 146 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 VerDate Sep 11 2014 23:04 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H146.IH H146 kjohnson on DSK79L0C42 with BILLS 7 •HR 146 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 VerDate Sep 11 2014 23:04 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H146.IH H146 kjohnson on DSK79L0C42 with BILLS 8 •HR 146 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 VerDate Sep 11 2014 23:04 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H146.IH H146 kjohnson on DSK79L0C42 with BILLS 9 •HR 146 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 VerDate Sep 11 2014 23:04 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H146.IH H146 kjohnson on DSK79L0C42 with BILLS 10 •HR 146 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 VerDate Sep 11 2014 23:04 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H146.IH H146 kjohnson on DSK79L0C42 with BILLS 11 •HR 146 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 VerDate Sep 11 2014 23:04 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H146.IH H146 kjohnson on DSK79L0C42 with BILLS 12 •HR 146 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 VerDate Sep 11 2014 23:04 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H146.IH H146 kjohnson on DSK79L0C42 with BILLS