II 

117TH CONGRESS 

2D SESSION S. 4021 

To amend the Immigration and Nationality Act to expand the grounds of 

inadmissibility and deportability for human rights violators. 

IN THE SENATE OF THE UNITED STATES 

APRIL 6, 2022 

Mr. GRASSLEY (for himself and Mr. GRAHAM) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to expand 

the grounds of inadmissibility and deportability for 

human rights violators. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Human Rights Violators Act of 2022’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Human Rights Violators and War Crimes Center. 

Sec. 3. Grounds of inadmissibility and deportability for persecutors and war 

criminals. 


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Sec. 4. Inadmissibility and deportability for participation in female genital mutilation. 

Sec. 5. Statute of limitations for visa, naturalization, and other fraud offenses 

involving human rights violations. 

Sec. 6. Visa security and national security fee. 

Sec. 7. U.S. Citizenship and Immigration Services access to criminal history 

records. 

1 SEC. 2. HUMAN RIGHTS VIOLATORS AND WAR CRIMES CEN2 TER. 

3 (a) ESTABLISHMENT.—The Secretary of Homeland 

4 Security shall— 

5 (1) establish the Human Rights Violators and 

6 War Crimes Center (referred to in this section as 

7 the ‘‘Center’’) within U.S. Immigration and Customs 

8 Enforcement, Homeland Security Investigations; and 

9 (2) appoint a Director from Homeland Security 

10 Investigations to head the Center. 

11 (b) DUTIES.—The Director of the Center (referred 

12 to in this section as the ‘‘Director’’) shall— 

13 (1) coordinate efforts to prevent the admission 

14 of foreign war crimes suspects, persecutors, and 

15 human rights abusers into the United States; 

16 (2) identify and investigate individuals who 

17 have been involved in, or responsible for, the com18 mission of human rights abuses throughout the 

19 world and are within the jurisdiction of the United 

20 States; 

21 (3) support the Office of the Principal Legal 

22 Advisor’s litigation of the removal proceedings of 


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1 aliens implicated in human rights violations or war 

2 crimes; 

3 (4) coordinate with the Office of the Principal 

4 Advisor and Enforcement and Removal Operations 

5 to carry out the removal of individuals referred to in 

6 paragraphs (2) and (3), to the extent possible; 

7 (5) represent U.S. Immigration and Customs 

8 Enforcement while working with the National Secu9 rity Council and other relevant government agencies 

10 in the development of programs for the prevention of 

11 mass atrocities; 

12 (6) conduct and coordinate training with other 

13 domestic and international law enforcement agencies 

14 on investigative best practices to develop and expand 

15 the capability of such agencies to identify, inves16 tigate, and prosecute individuals who— 

17 (A) engage in genocide, torture, the re18 cruitment and use of child soldiers, war crimes, 

19 female genital mutilation, or severe violations of 

20 religious freedom; 

21 (B) provide material support to terrorists 

22 or organizations that engage in genocide, tor23 ture, or the recruitment and use of child sol24 diers; or 


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1 (C) are human rights violators and engage 

2 in immigration fraud; 

3 (7) coordinate with other government agencies 

4 in the investigation of individuals whose actions 

5 should subject them to relevant travel and financial 

6 sanctions; 

7 (8) collect and integrate information regarding 

8 infringement of human rights and war crimes from 

9 domestic and international law enforcement agencies 

10 and other non-Federal sources; 

11 (9) receive and organize information regarding 

12 infringement of human rights and war crimes from 

13 agencies and sources referred to in paragraph (8); 

14 (10) disseminate information regarding the in15 fringement of human rights and war crimes to other 

16 Federal agencies, as appropriate, to the extent au17 thorized under relevant United States laws, regula18 tions, directives, and policies; 

19 (11) coordinate with the offices of United 

20 States Attorneys to develop expertise in, and assist 

21 with the investigation and prosecution of, crimes re22 lating to the abuse of human rights and war crimes; 

23 and 


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1 (12) carry out such other duties as the Sec2 retary of Homeland Security may assign to the Di3 rector. 

4 (c) COORDINATION WITH OTHER AGENCIES.—In 

5 carrying out the duties described in subsection (b), the Di6 rector shall coordinate with any Federal, State, local, or 

7 international law enforcement agencies that the Secretary 

8 of Homeland Security, acting through the Director of U.S. 

9 Immigration and Customs Enforcement, considers appro10 priate. 

11 SEC. 3. GROUNDS OF INADMISSIBILITY AND DEPORT12 ABILITY FOR PERSECUTORS AND WAR CRIMI13 NALS. 

14 (a) DEFINITIONS.—Section 101(f) of the Immigra15 tion and Nationality Act (8 U.S.C. 1101(f)) is amended— 

16 (1) in paragraph (8), by striking ‘‘or’’ at the 

17 end; 

18 (2) in paragraph (9), by striking the period at 

19 the end and inserting ‘‘; or’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(10) one who, at any time, has ordered, in22 cited, assisted, or otherwise participated in the per23 secution of any person on account of race, religion, 

24 nationality, membership in a particular social group, 

25 or political opinion.’’. 


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1 (b) GROUNDS OF INADMISSIBILITY.—Section 212 of 

2 such Act (8 U.S.C. 1182) is amended— 

3 (1) in subsection (a)(3)(E)— 

4 (A) in the subparagraph header, by strik5 ing ‘‘NAZI’’; 

6 (B) in clause (iii)(II), by striking ‘‘of any 

7 foreign nation’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(iv) COLOR OF LAW.—In this sub10 paragraph and in section 237(a)(4)(D) 

11 only, acting under ‘color of law’ includes 

12 acts taken as part of an armed group exer13 cising de facto authority over any territory 

14 for any period of time. 

15 ‘‘(v) PERSECUTORS.—Any alien who 

16 ordered, incited, assisted, or otherwise par17 ticipated in the persecution of any person 

18 on account of race, religion, nationality, 

19 membership in a particular social group, or 

20 political opinion is inadmissible. 

21 ‘‘(vi) WAR CRIMES.—Any alien who 

22 ordered, incited, assisted, or otherwise par23 ticipated in war crimes (as defined in sub24 sections (c) and (d)(1) (except subpara25 graph (A)) of section 2441 of title 18, 


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1 United States Code), including offenders 

2 who have been lawfully admitted for per3 manent residence, offenders who are 

4 present in the United States, and offenders 

5 who are stateless persons whose habitual 

6 residence is in the United States, is inad7 missible’’; and 

8 (2) in subsection (d)(3)(A), by striking ‘‘and 

9 clauses (i) and (ii) of paragraph’’ each place such 

10 phrase appears. 

11 (c) GROUNDS OF DEPORTABILITY.—Section 

12 237(a)(4)(D) of such Act (8 U.S.C. 237(a)(4)(D)) is 

13 amended— 

14 (1) in the subparagraph header, by striking 

15 ‘‘NAZI’’; and 

16 (2) by striking ‘‘or (iii)’’ and inserting ‘‘(iii), 

17 (v), or (vi).’’. 

18 (d) VOLUNTARY DEPARTURE.—Section 240B of such 

19 Act (8 U.S.C. 1229c) is amended— 

20 (1) in subsection (a)(1), by striking ‘‘deportable 

21 under section 237(a)(2)(A)(iii) or section 

22 237(a)(4)(B)’’ and inserting ‘‘deportable under 

23 paragraph (2)(A)(iii) or (4) of section 237(a), or in24 admissible under subparagraph (E) or (G) of section 

25 212(a)(3)’’; and 


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1 (2) in subsection (b)(1)(C), by striking ‘‘deport2 able under section 237(a)(2)(A)(iii) or section 

3 237(a)(4)’’ and inserting ‘‘deportable under para4 graph (2)(A)(iii) or (4) of section 237(a), or inad5 missible under subparagraph (E) or (G) of section 

6 212(a)(3)’’. 

7 (e) ADJUSTMENT OF STATUS.—Section 245(c) of 

8 such Act (8 U.S.C. 1255(c)) is amended— 

9 (1) in paragraph (6), by striking ‘‘(B)’’; 

10 (2) in paragraph (7), by striking ‘‘or’’ at the 

11 end; and 

12 (3) in paragraph (8), by striking the period at 

13 the end and inserting ‘‘; (9) any alien who at any 

14 time has ordered, incited, assisted, or otherwise par15 ticipated in the persecution of any person on account 

16 of race, religion, nationality, membership in a par17 ticular social group, or political opinion; or (10) any 

18 alien who is inadmissible under section 

19 212(a)(3)(E)(vi).’’. 

20 (f) AIDING OR ASSISTING CERTAIN ALIENS TO

21 ENTER THE UNITED STATES.—Section 277 of such Act 

22 (8 U.S.C. 1327) is amended by striking ‘‘(other than sub23 paragraph (E) thereof)’’. 


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1 (g) APPLICABILITY.—The amendments made by sub2 sections (a) through (e) shall apply to offenses committed 

3 before, on, or after the date of the enactment of this Act. 

4 SEC. 4. INADMISSIBILITY AND DEPORTABILITY FOR PAR5 TICIPATION IN FEMALE GENITAL MUTILA6 TION. 

7 (a) INADMISSIBILITY.—Section 212(a)(3) of the Im8 migration and Nationality Act (8 U.S.C. 1182(a)(3)) is 

9 amended by adding at the end the following: 

10 ‘‘(H) PARTICIPATION IN FEMALE GENITAL

11 MUTILATION.—Any alien who has ordered, in12 cited, solicited, funded, assisted, or otherwise 

13 participated in female genital mutilation is in14 admissible.’’. 

15 (b) DEPORTABILITY.—Section 237(a)(4) of such Act 

16 (8 U.S.C. 1227 (a)(4)) is amended by adding at the end 

17 the following: 

18 ‘‘(G) PARTICIPATION IN FEMALE GENITAL

19 MUTILATION.—Any alien who has ordered, in20 cited, solicited, funded, assisted, or otherwise 

21 participated in female genital mutilation is de22 portable.’’. 

23 (c) SAVINGS PROVISION.—Nothing in the amend24 ments made by this section may be construed to limit the 

25 applicability of grounds of inadmissibility or removal to 


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1 conduct occurring before the date of the enactment of this 

2 Act. 

3 SEC. 5. STATUTE OF LIMITATIONS FOR VISA, NATURALIZA4 TION, AND OTHER FRAUD OFFENSES INVOLV5 ING HUMAN RIGHTS VIOLATIONS. 

6 (a) STATUTE OF LIMITATIONS FOR VISA FRAUD AND

7 OTHER OFFENSES.—Chapter 213 of title 18, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘§ 3302. Fraud in connection with certain human 

11 rights violations 

12 ‘‘(a) IN GENERAL.—A person shall be prosecuted, 

13 tried, or punished for violation of any provision of section 

14 1001, 1015, 1425, 1546, 1621, or 3291, or for attempt 

15 or conspiracy to violate any provision of such sections, if— 

16 ‘‘(1) the fraudulent conduct, misrepresentation, 

17 concealment, or fraudulent, fictitious, or false state18 ment concerns the alleged offender’s— 

19 ‘‘(A) participation, at any time, at any 

20 place, and regardless of the nationality of the 

21 alleged offender or any victim, in a human 

22 rights violation; or 

23 ‘‘(B) membership in, service in, or author24 ity over a military, paramilitary, or law enforce25 ment organization that participated in such 


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1 conduct during any part of any period in which 

2 the alleged offender was a member of, served 

3 in, or had authority over the organization; and 

4 ‘‘(2) the indictment is found or the information 

5 is instituted not later than 20 years after such con6 duct. 

7 ‘‘(b) DEFINITIONS.— 

8 ‘‘(1) HUMAN RIGHTS VIOLATION.—In this sec9 tion, the term ‘human rights violation’ means 

10 extrajudicial killing, female genital mutilation, geno11 cide, particularly severe violations of religious free12 dom, persecution, torture, the use or recruitment of 

13 child soldiers, or war crimes. 

14 ‘‘(2) RELATED DEFINITIONS.—In paragraph 

15 (1)— 

16 ‘‘(A) the term ‘extrajudicial killing’ means 

17 conduct described in section 212(a)(3)(E)(iii) of 

18 the Immigration and Nationality Act (8 U.S.C. 

19 1182(a)(3)(E)(iii)); 

20 ‘‘(B) the term ‘female genital mutilation’ 

21 means conduct described in section 116; 

22 ‘‘(C) the term ‘genocide’ means conduct 

23 described in subsections (a), (c), and (e) of sec24 tion 1091; 


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1 ‘‘(D) the term ‘particularly severe violation 

2 of religious freedom’ means conduct described 

3 in section 3(13) of the International Religious 

4 Freedom Act of 1998 (22 U.S.C. 6402(13)); 

5 ‘‘(E) the term ‘persecution’ means conduct 

6 described in section 212(a)(3)(E)(v) of the Im7 migration and Nationality Act (8 U.S.C. 

8 1182(a)(3)(E)(v)); 

9 ‘‘(F) the term ‘torture’ means conduct de10 scribed in paragraphs (1) and (2) of section 

11 2340; 

12 ‘‘(G) the term ‘use or recruitment of child 

13 soldiers’ means conduct described in subsections 

14 (a) and (d) of section 2442; and 

15 ‘‘(H) the term ‘war crimes’ means conduct 

16 described in subsections (c) and (d)(1) of sec17 tion 2441.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 for chapter 213 of title 18, United States Code, is amend20 ed by adding at the end the following: 

‘‘3302. Fraud in connection with certain human rights violations.’’. 

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

22 this section shall apply to fraudulent conduct, misrepre23 sentations, concealments, and fraudulent, fictitious, or 

24 false statements made or committed on or after the date 

25 of the enactment of this Act. 


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1 SEC. 6. VISA SECURITY AND NATIONAL SECURITY FEE. 

2 (a) IN GENERAL.— 

3 (1) AUTHORIZATION.—The Secretary of Home4 land Security is authorized to charge a visa security 

5 and national security fee to nonimmigrant visa ap6 plicants. 

7 (2) COLLECTION.—The Secretary of State, at 

8 the request of, and in coordination with, the Sec9 retary of Homeland Security, is authorized to collect 

10 the fee authorized under paragraph (1) simulta11 neously with the fees authorized under section 140 

12 of the Foreign Relations Authorization Act, Fiscal 

13 Years 1994 and 1995 (Public Law 103–236; 8 

14 U.S.C. 1351 note) and section 103 of the Enhanced 

15 Border Security and Visa Entry Reform Act of 2002 

16 (8 U.S.C. 1713), on behalf of the Secretary of 

17 Homeland Security— 

18 (A) to conduct pre-adjudication reviews 

19 and screenings of visa applications against ap20 propriate criminal, national security, and ter21 rorism databases maintained by the Federal 

22 Government; 

23 (B) to carry out other support activities 

24 authorized under section 428(e) of the Home25 land Security Act of 2002 (6 U.S.C. 236(e)); 


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1 (C) to identify, arrest, and remove terror2 ists, human rights violators, and national secu3 rity threats from the United States; and 

4 (D) for other purposes. 

5 (b) AMOUNT OF FEE.—The total amount of fees 

6 charged pursuant to subsection (a)(1) shall be sufficient 

7 to cover the annual costs to conduct the activities author8 ized under subsection (a)(2), the activities authorized 

9 under section 428(e) of the Homeland Security Act of 

10 2002 (6 U.S.C. 236(e)), and related activities. 

11 (c) DEPOSIT OF FEES.—Fees collected under sub12 section (a)(2)— 

13 (1) shall be deposited into the Immigration Ex14 aminations Fee Account established under section 

15 286(m) of the Immigration and Nationality Act (8 

16 U.S.C. 1356(m)) in the Treasury of the United 

17 States; and 

18 (2) shall remain available until expended for the 

19 Secretary of Homeland Security to carry out the ac20 tivities described in subsection (b). 

21 (d) REIMBURSEMENT.— 

22 (1) IN GENERAL.—The Secretary of Homeland 

23 Security shall reimburse expenses incurred by the 

24 Secretary of State to collect the fee authorized under 

25 subsection (a)(1). 


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1 (2) USE OF REIMBURSED FUNDS.—Reimburse2 ments received pursuant to paragraph (1)— 

3 (A) shall be deposited into the appropriate 

4 Department of State account, as identified by 

5 the Secretary of State; and 

6 (B) shall remain available until expended 

7 to cover expenses described in paragraph (1). 

8 (e) ANNUAL REPORT.—Not later than 1 year after 

9 the date of the enactment of this Act, and annually there10 after on or before October 1, the Secretary of Homeland 

11 Security, after consultation with the appropriate Federal 

12 agencies, shall submit a report to the Committee on the 

13 Judiciary of the Senate, the Committee on Homeland Se14 curity and Governmental Affairs of the Senate, the Com15 mittee on the Judiciary of the House of Representatives, 

16 and the Committee on Homeland Security of the House 

17 of Representatives that identifies, for the reporting pe18 riod— 

19 (1) the number of aliens denied visas under 

20 Homeland Security Investigation’s Visa Security 

21 Program; 

22 (2) the number of aliens inadmissible to or re23 moved from the United States for violating section 

24 116 of title 18, United States Code (relating to fe25 male genital mutilation); and 


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1 (3) the number of aliens inadmissible to or re2 moved from the United States as terrorists, human 

3 rights violators, persecutors, or national security 

4 threats. 

5 SEC. 7. U.S. CITIZENSHIP AND IMMIGRATION SERVICES AC6 CESS TO CRIMINAL HISTORY RECORDS. 

7 (a) IN GENERAL.—In addition to any other access 

8 to criminal history records authorized for noncriminal jus9 tice purposes under the National Criminal History Access 

10 and Child Protection Act (34 U.S.C. 40311 et seq.), the 

11 Attorney General and the Director of the Federal Bureau 

12 of Investigation shall provide the Secretary of Homeland 

13 Security, for purposes relating to immigration and natu14 ralization matters, with— 

15 (1) direct access to criminal history records 

16 without submission of positive identification, includ17 ing name check access to the Interstate Identifica18 tion Index System; and 

19 (2) access to sealed record information and any 

20 other criminal history information on the same 

21 terms as are provided to an agency performing a 

22 criminal justice or law enforcement purpose. 

23 (b) RULE OF CONSTRUCTION.—Terms used in sub24 section (a) shall have the meanings provided under section 


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1 213 of the National Criminal History Access and Child 

2 Protection Act (34 U.S.C. 40312). 

Æ 


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