I 

108TH CONGRESS 

1ST SESSION H. R. 1440

To amend the Immigration and Nationality Act to provide that aliens who 

commit acts of torture, extrajudicial killings, or other specified atrocities 

abroad are inadmissible and removable and to establish within the Criminal Division of the Department of Justice an Office of Special Investigations having responsibilities under that Act with respect to all alien 

participants in war crimes, genocide, and the commission of acts of 

torture and extrajudicial killings abroad. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2003

Mr. FOLEY (for himself, Mr. ACKERMAN, Mr. GARRETT of New Jersey, Mr. 

MCNULTY, Mr. FROST, Ms. ROS-LEHTINEN, Mr. MCGOVERN, Mr. BERMAN, and Mr. BARTLETT of Maryland) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL

To amend the Immigration and Nationality Act to provide 

that aliens who commit acts of torture, extrajudicial 

killings, or other specified atrocities abroad are inadmissible and removable and to establish within the Criminal 

Division of the Department of Justice an Office of Special Investigations having responsibilities under that Act 

with respect to all alien participants in war crimes, genocide, and the commission of acts of torture and 

extrajudicial killings abroad.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Anti-Atrocity Alien De5 portation Act of 2003’’. 

6 SEC. 2. INADMISSIBILITY AND DEPORTABILITY OF ALIENS 

7 WHO HAVE COMMITTED ACTS OF TORTURE 

8 OR EXTRAJUDICIAL KILLINGS ABROAD. 

9 (a) INADMISSIBILITY.—Section 212(a)(3)(E) of the 

10 Immigration and Nationality Act (8 U.S.C. 

11 1182(a)(3)(E)) is amended— 

12 (1) in clause (ii), by striking ‘‘has engaged in 

13 conduct that is defined as genocide for purposes of 

14 the International Convention on the Prevention and 

15 Punishment of Genocide is inadmissible’’ and insert16 ing ‘‘ordered, incited, assisted, or otherwise partici17 pated in conduct outside the United States that 

18 would, if committed in the United States or by a 

19 United States national, be genocide, as defined in 

20 section 1091(a) of title 18, United States Code, is 

21 inadmissible’’; 

22 (2) by adding at the end the following: 

23 ‘‘(iii) COMMISSION OF ACTS OF TOR24 TURE OR EXTRAJUDICIAL KILLINGS.—Any 

25 alien who, outside the United States, has 
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1 committed, ordered, incited, assisted, or 

2 otherwise participated in the commission 

3 of—

4 ‘‘(I) any act of torture, as de5 fined in section 2340 of title 18, 

6 United States Code; or 

7 ‘‘(II) under color of law of any 

8 foreign nation, any extrajudicial kill9 ing, as defined in section 3(a) of the 

10 Torture Victim Protection Act of 

11 1991 (28 U.S.C. 1350 note); 

12 is inadmissible.’’; and 

13 (3) in the subparagraph heading, by striking 

14 ‘‘PARTICIPANTS IN NAZI PERSECUTION OR GENO15 CIDE’’ and inserting ‘‘PARTICIPANTS IN NAZI PERSE16 CUTION, GENOCIDE, OR THE COMMISSION OF ANY

17 ACT OF TORTURE OR EXTRAJUDICIAL KILLING’’. 

18 (b) DEPORTABILITY.—Section 237(a)(4)(D) of such 

19 Act (8 U.S.C. 1227(a)(4)(D)) is amended— 

20 (1) by striking ‘‘clause (i) or (ii)’’ and inserting 

21 ‘‘clause (i), (ii), or (iii)’’; and 

22 (2) in the subparagraph heading, by striking 

23 ‘‘ASSISTED IN NAZI PERSECUTION OR ENGAGED IN

24 GENOCIDE’’ and inserting ‘‘PARTICIPATED IN NAZI
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1 PERSECUTION, GENOCIDE, OR THE COMMISSION OF

2 ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to offenses committed before, on, 

5 or after the date of the enactment of this Act. 

6 SEC. 3. INADMISSIBILITY AND DEPORTABILITY OF FOR7 EIGN GOVERNMENT OFFICIALS WHO HAVE 

8 COMMITTED PARTICULARLY SEVERE VIOLA9 TIONS OF RELIGIOUS FREEDOM. 

10 (a) GROUND OF INADMISSIBILITY.—Section 

11 212(a)(2)(G) of the Immigration and Nationality Act (8 

12 U.S.C. 1182(a)(2)(G)) is amended to read as follows: 

13 ‘‘(G) FOREIGN GOVERNMENT OFFICIALS

14 WHO HAVE COMMITTED PARTICULARLY SEVERE

15 VIOLATIONS OF RELIGIOUS FREEDOM.—Any 

16 alien who, while serving as a foreign govern17 ment official, was responsible for or directly 

18 carried out, at any time, particularly severe vio19 lations of religious freedom, as defined in sec20 tion 3 of the International Religious Freedom 

21 Act of 1998 (22 U.S.C. 6402), is inadmis22 sible.’’. 

23 (b) GROUND OF DEPORTABILITY.—Section 237(a)(4) 

24 of the Immigration and Nationality Act (8 U.S.C.
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1 1227(a)(4)) is amended by adding at the end the fol2 lowing: 

3 ‘‘(E) PARTICIPATED IN THE COMMISSION

4 OF SEVERE VIOLATIONS OF RELIGIOUS FREE5 DOM.—Any alien described in section 

6 212(a)(2)(G) is deportable.’’.

7 SEC. 4. WAIVER OF INADMISSIBILITY. 

8 Section 212(d)(3) of the Immigration and Nationality 

9 Act (8 U.S.C. 1182(d)(3)) is amended—

10 (1) in subparagraph (A), by striking ‘‘and 

11 3(E)’’ and inserting ‘‘and clauses (i) and (ii) of 

12 paragraph (3)(E)’’; and 

13 (2) in subparagraph (B), by striking ‘‘and 

14 3(E)’’ and inserting ‘‘and clauses (i) and (ii) of 

15 paragraph (3)(E)’’. 

16 SEC. 5. BAR TO GOOD MORAL CHARACTER FOR ALIENS 

17 WHO HAVE COMMITTED ACTS OF TORTURE, 

18 EXTRAJUDICIAL KILLINGS, OR SEVERE VIO19 LATIONS OF RELIGIOUS FREEDOM. 

20 Section 101(f) of the Immigration and Nationality 

21 Act (8 U.S.C. 1101(f)) is amended—

22 (1) by striking the period at the end of para23 graph (8) and inserting ‘‘; and’’; and 

24 (2) by adding at the end the following: 
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1 ‘‘(9) one who at any time has engaged in con2 duct described in section 212(a)(3)(E) (relating to 

3 assistance in Nazi persecution, participation in geno4 cide, or commission of acts of torture or 

5 extrajudicial killings) or 212(a)(2)(G) (relating to 

6 severe violations of religious freedom).’’. 

7 SEC. 6. ESTABLISHMENT OF THE OFFICE OF SPECIAL IN8 VESTIGATIONS. 

9 (a) AMENDMENT OF THE IMMIGRATION AND NA10 TIONALITY ACT.—Section 103 of the Immigration and 

11 Nationality Act (8 U.S.C. 1103) is amended by adding 

12 at the end the following: 

13 ‘‘(h)(1) The Attorney General shall establish within 

14 the Criminal Division of the Department of Justice an Of15 fice of Special Investigations with the authority to detect 

16 and investigate, and, where appropriate, to take legal ac17 tion to denaturalize any alien described in section 

18 212(a)(3)(E). 

19 ‘‘(2) The Attorney General shall consult with the Sec20 retary of the Department of Homeland Security in making 

21 determinations concerning the criminal prosecution or ex22 tradition of aliens described in section 212(a)(3)(E). 

23 ‘‘(3) In determining the appropriate legal action to 

24 take against an alien described in section 212(a)(3)(E), 

25 consideration shall be given to—
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1 ‘‘(A) the availability of criminal prosecution 

2 under the laws of the United States for any conduct 

3 that may form the basis for removal and 

4 denaturalization; or 

5 ‘‘(B) the availability of extradition of the alien 

6 to a foreign jurisdiction that is prepared to under7 take a prosecution for such conduct.’’. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—

9 (1) IN GENERAL.—There are authorized to be 

10 appropriated to the Department of Justice such 

11 sums as may be necessary to carry out the addi12 tional duties established under section 103(h) of the 

13 Immigration and Nationality Act (as added by this 

14 Act) in order to ensure that the Office of Special In15 vestigations fulfills its continuing obligations regard16 ing Nazi war criminals. 

17 (2) AVAILABILITY OF FUNDS.—Amounts appro18 priated pursuant to paragraph (1) are authorized to 

19 remain available until expended. 

20 SEC. 7. REPORT ON IMPLEMENTATION OF THE ACT. 

21 Not later than 180 days after the date of enactment 

22 of this Act, the Attorney General, in consultation with the 

23 Secretary of Homeland Security, shall submit to the Com24 mittees on the Judiciary of the Senate and the House of 
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1 Representatives a report on implementation of this Act 

2 that includes a description of—

3 (1) the procedures used to refer matters to the 

4 Office of Special Investigations and other compo5 nents within the Department of Justice and the De6 partment of Homeland Security in a manner con7 sistent with the amendments made by this Act; 

8 (2) the revisions, if any, made to immigration 

9 forms to reflect changes in the Immigration and Na10 tionality Act made by the amendments contained in 

11 this Act; and 

12 (3) the procedures developed, with adequate due 

13 process protection, to obtain sufficient evidence to 

14 determine whether an alien may be inadmissible 

15 under the terms of the amendments made by this 

16 Act.

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