I 

111TH CONGRESS 

2D SESSION H. R. 4648 

To prohibit the release or parole of certain unprivileged enemy belligerents 

into the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 23, 2010 

Mr. SMITH of Texas (for himself, Mr. KING of New York, Mr. ROGERS of 

Kentucky, Mr. HOEKSTRA, Mr. MCCOTTER, and Mr. FORTENBERRY) introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To prohibit the release or parole of certain unprivileged 

enemy belligerents into the United States, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Keep Terrorists at Bay 

5 Act of 2010’’. 

6 SEC. 2. TREATMENT OF CERTAIN UNPRIVILEGED ENEMY 

7 BELLIGERENTS. 

8 (a) DENIAL OF ENTRY.— 


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1 (1) IN GENERAL.—In the case of an alien de2 scribed in paragraph (2), no court may order the 

3 alien’s release into the United States and the Sec4 retary of State may not issue any visa, and the Sec5 retary of Homeland Security may not admit or pro6 vide any type of status, to the alien to enter into, 

7 or be admitted to, the United States. 

8 (2) ALIENS DESCRIBED.—An alien described in 

9 this paragraph is an alien (as defined in section 

10 101(a)(3) of the Immigration and Nationality Act (8 

11 U.S.C. 1101(a)(3)))— 

12 (A) who— 

13 (i) is an unprivileged enemy bellig14 erent (as defined in section 948a(7) of title 

15 10, United States Code); or 

16 (ii) has at any time been determined 

17 by a Combatant Status Review Tribunal to 

18 be an enemy combatant (pursuant to the 

19 definition employed by that tribunal); and 

20 (B) who is or was in the custody of the 

21 United States at Guantanamo Bay, Cuba, be22 fore, on, or after the date of the enactment of 

23 this Act. 

24 (b) PAROLE.— 


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1 (1) IN GENERAL.—Section 212(d)(5) of the Im2 migration and Nationality Act (8 U.S.C. 

3 1182(d)(5)) is amended by adding at the end the 

4 following: 

5 ‘‘(C) The Secretary of Homeland Security may not 

6 parole into the United States an alien— 

7 ‘‘(i) who— 

8 ‘‘(I) is an unprivileged enemy belligerent 

9 (as defined in section 948a(7) of title 10, 

10 United States Code); or 

11 ‘‘(II) has at any time been determined by 

12 a Combatant Status Review Tribunal to be an 

13 enemy combatant (pursuant to the definition 

14 employed by that tribunal); and 

15 ‘‘(ii) who is or was in the custody of the United 

16 States at Guantanamo Bay, Cuba, before, on, or 

17 after the date of the enactment of this subpara18 graph.’’. 

19 (2) TECHNICAL AND CONFORMING AMEND20 MENTS.—Section 212(d)(5) of the Immigration and 

21 Nationality Act (8 U.S.C. 1182(d)(5)) is amended— 

22 (A) by striking ‘‘Attorney General’’ each 

23 place such term appears and inserting ‘‘Sec24 retary of Homeland Security’’; 


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1 (B) by striking ‘‘in his discretion’’ and in2 serting ‘‘in the Secretary’s discretion’’; 

3 (C) by striking ‘‘as he may prescribe’’ and 

4 inserting ‘‘as the Secretary may prescribe’’; 

5 (D) by striking ‘‘he was paroled’’ and in6 serting ‘‘the alien was paroled’’; and 

7 (E) by striking ‘‘his case’’ and inserting 

8 ‘‘the alien’s case’’. 

Æ 


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