I 

112TH CONGRESS 

1ST SESSION H. R. 1741 

To authorize the Secretary of Homeland Security and the Secretary of State 

to refuse or revoke visas to aliens if in the security or foreign policy 

interests of the United States, to require the Secretary of Homeland 

Security to review visa applications before adjudication, to provide for 

the immediate dissemination of visa revocation information, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2011 

Mr. SMITH of Texas (for himself, Mr. BILIRAKIS, Mr. KING of Iowa, Mr. CALVERT, Mr. POE of Texas, Mr. ROSS of Florida, Mr. GALLEGLY, Mr. 

AKIN, and Mr. MCCAUL) introduced the following bill; which was referred 

to the Committee on the Judiciary, and in addition to the Committee on 

Homeland Security, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To authorize the Secretary of Homeland Security and the 

Secretary of State to refuse or revoke visas to aliens 

if in the security or foreign policy interests of the United 

States, to require the Secretary of Homeland Security 

to review visa applications before adjudication, to provide 

for the immediate dissemination of visa revocation information, and for other purposes. 

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


rfrederick on DSKD9S0YB1PROD with BILLS
2 

•HR 1741 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Secure Visas Act’’. 

3 SEC. 2. VISA REFUSAL AND REVOCATION. 

4 (a) AUTHORITY OF THE SECRETARY OF HOMELAND

5 SECURITY AND THE SECRETARY OF STATE.— 

6 (1) IN GENERAL.—Section 428 of the Home7 land Security Act (6 U.S.C. 236) is amended by 

8 striking subsections (b) and (c) and inserting the 

9 following: 

10 ‘‘(b) AUTHORITY OF THE SECRETARY OF HOMELAND

11 SECURITY.— 

12 ‘‘(1) IN GENERAL.—Notwithstanding section 

13 104(a) of the Immigration and Nationality Act (8 

14 U.S.C. 1104(a)) or any other provision of law, and 

15 except for the authority of the Secretary of State 

16 under subparagraphs (A) and (G) of section 

17 101(a)(15) of the Immigration and Nationality Act 

18 (8 U.S.C. 1101(a)(15)), the Secretary— 

19 ‘‘(A) shall have exclusive authority to issue 

20 regulations, establish policy, and administer and 

21 enforce the provisions of the Immigration and 

22 Nationality Act (8 U.S.C. 1101 et seq.) and all 

23 other immigration or nationality laws relating 

24 to the functions of consular officers of the 

25 United States in connection with the granting 

26 and refusal of a visa; and 


rfrederick on DSKD9S0YB1PROD with BILLS
3 

•HR 1741 IH

1 ‘‘(B) may refuse or revoke any visa to any 

2 alien or class of aliens if the Secretary, or des3 ignee, determines that such refusal or revoca4 tion is necessary or advisable in the security in5 terests of the United States. 

6 ‘‘(2) EFFECT OF REVOCATION.—The revocation 

7 of any visa under paragraph (1)(B)— 

8 ‘‘(A) shall take effect immediately; and 

9 ‘‘(B) shall automatically cancel any other 

10 valid visa that is in the alien’s possession. 

11 ‘‘(3) JUDICIAL REVIEW.—Notwithstanding any 

12 other provision of law, including section 2241 of title 

13 28, United States Code, or any other habeas corpus 

14 provision, and sections 1361 and 1651 of such title, 

15 no court shall have jurisdiction to review a decision 

16 by the Secretary of Homeland Security to refuse or 

17 revoke a visa, and no court shall have jurisdiction to 

18 hear any claim arising from, or any challenge to, 

19 such a revocation. 

20 ‘‘(c) AUTHORITY OF THE SECRETARY OF STATE.— 

21 ‘‘(1) IN GENERAL.—The Secretary of State may 

22 direct a consular officer to refuse a visa requested 

23 by, or revoke a visa issued to, an alien if the Sec24 retary of State determines such refusal or revocation 


rfrederick on DSKD9S0YB1PROD with BILLS
4 

•HR 1741 IH

1 to be necessary or advisable in the foreign policy in2 terests of the United States. 

3 ‘‘(2) LIMITATION.—No decision by the Sec4 retary of State to approve a visa may override a de5 cision by the Secretary of Homeland Security under 

6 subsection (b).’’. 

7 (2) EFFECTIVE DATE.—The amendment made 

8 by paragraph (1) shall take effect on the date of the 

9 enactment of this Act and shall apply to visa refus10 als and revocations occurring before, on, or after 

11 such date. 

12 (b) ISSUANCE OF VISAS AT DESIGNATED CONSULAR

13 POSTS AND EMBASSIES.— 

14 (1) IN GENERAL.—Section 428(i) of the Home15 land Security Act (6 U.S.C. 236(i)) is amended to 

16 read as follows: 

17 ‘‘(i) VISA ISSUANCE AT DESIGNATED CONSULAR

18 POSTS AND EMBASSIES.—Notwithstanding any other pro19 vision of law, the Secretary of Homeland Security— 

20 ‘‘(1) shall conduct an on-site review of all visa 

21 applications and supporting documentation before 

22 adjudication at all visa-issuing posts in Algeria; Can23 ada; Colombia; Egypt; Germany; Hong Kong; India; 

24 Indonesia; Iraq; Jerusalem, Israel; Jordan; Kuala 

25 Lumpur, Malaysia; Kuwait; Lebanon; Mexico; MoVerDate Mar 15 2010 04:14 May 06, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1741.IH H1741

rfrederick on DSKD9S0YB1PROD with BILLS
5 

•HR 1741 IH

1 rocco; Nigeria; Pakistan; the Philippines; Saudi Ara2 bia; South Africa; Syria; Tel Aviv, Israel; Turkey; 

3 United Arab Emirates; the United Kingdom; Ven4 ezuela; and Yemen; and 

5 ‘‘(2) is authorized to assign employees of the 

6 Department to each diplomatic and consular post at 

7 which visas are issued unless, in the Secretary’s sole 

8 and unreviewable discretion, the Secretary deter9 mines that such an assignment at a particular post 

10 would not promote national or homeland security.’’. 

11 (2) EXPEDITED CLEARANCE AND PLACEMENT

12 OF DEPARTMENT OF HOMELAND SECURITY PER13 SONNEL AT OVERSEAS EMBASSIES AND CONSULAR

14 POSTS.—The Secretary of State shall accommodate 

15 and ensure— 

16 (A) not later than 1 year after the date of 

17 the enactment of this Act, that Department of 

18 Homeland Security personnel assigned by the 

19 Secretary of Homeland Security under section 

20 428(i)(1) of the Homeland Security Act have 

21 been stationed at post such that the post is 

22 fully operational; and 

23 (B) not later than 1 year after the date on 

24 which the Secretary of Homeland Security des25 ignates an additional consular post or embassy 


rfrederick on DSKD9S0YB1PROD with BILLS
6 

•HR 1741 IH

1 for personnel under section 428(i)(2) of the 

2 Homeland Security Act that the Department of 

3 Homeland Security personnel assigned to such 

4 post or embassy have been stationed at post 

5 such that the post is fully operational. 

6 (c) VISA REVOCATION.— 

7 (1) INFORMATION.—Section 428 of the Home8 land Security Act (6 U.S.C. 236) is amended by 

9 adding at the end the following: 

10 ‘‘(j) VISA REVOCATION INFORMATION.—If the Sec11 retary of Homeland Security or the Secretary of State re12 vokes a visa— 

13 ‘‘(1) the relevant consular, law enforcement, 

14 and terrorist screening databases shall be imme15 diately updated on the date of the revocation; and 

16 ‘‘(2) look-out notices shall be posted to all De17 partment of Homeland Security port inspectors and 

18 Department of State consular officers.’’. 

19 (2) EFFECT OF VISA REVOCATION; JUDICIAL

20 REVIEW OF VISA REVOCATIONS.— 

21 (A) IN GENERAL.—Section 221(i) of the 

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

23 1201(i)) is amended by striking the final sen24 tence and inserting the following: ‘‘A revocation 

25 under this subsection shall take effect immeVerDate Mar 15 2010 04:14 May 06, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1741.IH H1741

rfrederick on DSKD9S0YB1PROD with BILLS
7 

•HR 1741 IH

1 diately and shall automatically cancel any other 

2 valid visa that is in the alien’s possession. Not3 withstanding any other provision of law, includ4 ing section 2241 of title 28, United States 

5 Code, or any other habeas corpus provision, and 

6 sections 1361 and 1651 of such title, a revoca7 tion under this subsection may not be reviewed 

8 by any court, and no court shall have jurisdic9 tion to hear any claim arising from, or any 

10 challenge to, such a revocation.’’. 

11 (B) EFFECTIVE DATE.—The amendment 

12 made by subparagraph (A) shall take effect on 

13 the date of the enactment of this Act and shall 

14 apply to revocations under section 221(i) of the 

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

16 1201(i)) occurring before, on, or after such 

17 date. 

Æ 


rfrederick on DSKD9S0YB1PROD with BILLS