[Federal Register Volume 87, Number 120 (Thursday, June 23, 2022)]
[Notices]
[Pages 37522-37523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13473]


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DEPARTMENT OF STATE

Office of the Secretary

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary


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

AGENCY: Office of the Secretary, DOS; Office of the Secretary, DHS.

ACTION: Notice of determination.

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    Following consultations with the Attorney General, the Secretary of 
State and Secretary of Homeland Security have determined that the 
grounds of inadmissibility at section 212(a)(3)(B) of the Immigration 
and Nationality Act (INA), 8 U.S.C. 1182(a)(3)(B), bar certain 
individuals who do not pose a national security or public safety risk 
from admission to the United States and from obtaining immigration 
benefits or other status. Of particular concern, these grounds of 
inadmissibility bar some individuals who actively assisted U.S. efforts 
in Afghanistan and now seek and deserve the protection of our 
Government.
    Accordingly, consistent with prior exercises of the exemption 
authority, the Secretary of State and the Secretary of Homeland 
Security hereby conclude, 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, after 
considering the foreign policy and national security interests deemed 
relevant in these consultations, that section 212(a)(3)(B) of the INA, 
8 U.S.C. 1182(a)(3)(B), excluding subclause (i)(II), shall not apply 
with respect to an individual for any activity or association relating 
to actions:
    (1) Directed against the Afghan Taliban or Afghan Taliban-
affiliated militia groups;
    (2) Directed against any other organization that was engaged in 
violent activities that targeted the United States or allied entities, 
including (a) any entity or contractor of the United States government 
or any individual employed by or on behalf of the United States 
government, (b) the International Security Assistance Force (ISAF) or 
any successor name of such Force, (c) the United Nations, or (d) the 
government of the Islamic Republic of Afghanistan or the Afghan 
Transitional Authority during the time period from December 22, 2001 to 
August 15, 2021; or
    (3) Directed against the army of the Union of Soviet Socialist 
Republics (USSR) or the government of the Democratic Republic of 
Afghanistan between April 27, 1978 and April 28, 1992,

provided that the individual satisfies the relevant agency authority 
that the individual:
    (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 their knowledge to relevant 
U.S. government entities, the nature and circumstances of all 
activities or associations falling within the scope of section 
212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B);
    (d) Has not participated in, or provided material support for the 
commission of, a terrorist activity that they knew or reasonably should 
have known targeted noncombatant persons or U.S. interests;
    (e) Is not otherwise inadmissible under section 212(a)(3)(B) of the 
INA, 8 U.S.C. 1182(a)(3)(B), for which no exemption applies;
    (f) Has not been indicted by any international tribunal or the 
International Criminal Court;
    (g) Has not voluntarily and knowingly engaged in any terrorist 
activities on behalf of, or provided any material support to any 
organization which has ever been designated a terrorist organization as 
described in section 212(a)(3)(B)(vi)(I) or (II) of the INA, at any 
time, including prior to that organization's designation, unless the 
activities are otherwise exempted;
    (h) Has not committed, ordered, incited, assisted, or otherwise 
participated in acts of torture, as defined in 18 U.S.C. 2441(d)(1)(A), 
or genocide, as defined in 18 U.S.C. 1091(a); or recruited or used 
child soldiers, as described in 18 U.S.C. 2442;
    (i) Has not been identified in either Executive Order 13224, as 
amended, or otherwise designated by the Secretary of State or the 
Secretary of the Treasury pursuant to the Specially Designated 
Nationals List (SDNL), or in lists established by United Nations 
Security Council Committee pursuant to Resolutions 1267 (1999) or 1988 
(2011) concerning Al-Qaida and the Taliban and associated individuals 
and entities;
    (j) Poses no danger to the safety and security of the United 
States; and
    (k) Warrants an exemption from the relevant inadmissibility 
provision(s) 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, and in consultation with relevant U.S. 
government entities, who shall ascertain, to their satisfaction, and in 
their discretion, that the particular applicant meets each of the 
criteria set forth above.
    This exercise of authority may be revoked as a matter of discretion 
and without notice at any time, with respect to any and all persons 
subject to it. 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 person). This 
exercise of authority creates no 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 individuals to whom this exercise of 
authority is applied, on the basis of case-by-case decisions by the 
U.S. Department of Homeland Security or by

[[Page 37523]]

the U.S. Department of State, shall be provided to the specified 
congressional committees not later than 90 days after the end of the 
fiscal year.
    This determination is based on an assessment related to the 
national security and foreign policy interests of the United States as 
they apply to the particular persons described herein and shall not 
have any application with respect to other persons or to other 
provisions of U.S. law.
    Authority: 8 U.S.C. 1182(d)(3)(B)(i).

    Dated: June 8, 2022.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.

    Dated: June 8, 2022.
Antony J. Blinken,
Secretary, U.S. Department of State.
[FR Doc. 2022-13473 Filed 6-21-22; 11:15 am]
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