I 
114TH CONGRESS 
2D SESSION 
H. R. 6175 
To amend the Immigration and Nationality Act to facilitate the removal 
of aliens identified in the terrorist screening database, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 27, 2016 
Mr. DUNCAN of South Carolina (for himself, Mr. BARLETTA, Mr. LUETKE-
MEYER, and Mr. BABIN) introduced the following bill; which was referred 
to the Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to facilitate 
the removal of aliens identified in the terrorist screening 
database, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. INADMISSIBILITY OF ALIENS IDENTIFIED IN 
TERRORIST SCREENING DATABASE. 
Section 212(a)(3)(B)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended— 
(1) in subclause (VIII), by striking ‘‘or’’ at the 
end; 
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(2) by redesignating subclause (IX) as sub-
clause (X); and 
(3) by inserting after subclause (VIII) the fol-
lowing: 
‘‘(IX) is identified in the terrorist 
screening database (as such term is 
defined in section 2101(10) of the 
Homeland Security Act of 2002 (6 
U.S.C. 621(10))), except for an alien 
lawfully admitted for permanent resi-
dence 
(as 
defined 
in 
section 
101(a)(20)); or’’. 
SEC. 2. DEPORTABILITY OF ALIENS IDENTIFIED IN TER-
RORIST SCREENING DATABASE. 
Section 237(a)(4)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1227(a)(4)(B)) is amended by insert-
ing before the period at the end the following ‘‘, except 
that an alien lawfully admitted for permanent residence 
(as defined in section 101(a)(20)) is not deportable for 
being described in subparagraph (B)(i)(IX) of section 
212(a)(3)’’. 
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SEC. 3. WAIVERS OF GROUND OF INADMISSIBILITY FOR 
ALIENS IDENTIFIED IN TERRORIST SCREEN-
ING DATABASE. 
Section 212(d)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1182(d)(3)) is amended— 
(1) in each of clauses (i) and (ii) of subpara-
graph (A), by inserting ‘‘and other than paragraph 
(3)(B)(i)(IX) of such subsection except as provided 
in subparagraph (C)’’ after ‘‘of such subsection’’; 
(2) in subparagraph (B)(i), by inserting ‘‘, or 
who 
is 
within 
the 
scope 
of 
subsection 
(a)(3)(B)(i)(IX) except as provided in subparagraph 
(C),’’ after ‘‘(a)(3)(B)(i)(II) of this section,’’; and 
(3) by adding at the end the following: 
‘‘(C)(i) Subject to clause (ii) and only on an indi-
vidual case-by-case basis, if the Secretary of Homeland Se-
curity determines in the Secretary’s unreviewable discre-
tion that it is in the national security interests of the 
United States, an alien— 
‘‘(I) may be granted a nonimmigrant visa and 
be admitted into the United States temporarily as a 
nonimmigrant under subparagraph (A)(i); 
‘‘(II) may be admitted into the United States 
temporarily as a nonimmigrant under subparagraph 
(A)(ii); and 
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‘‘(III) shall not be subject to subsection 
(a)(3)(B)(i)(IX). 
‘‘(ii) The Secretary of Homeland Security may grant 
a waiver under clause (i) with respect to an alien only with 
the unanimous concurrence of the Attorney General, the 
Director of the Federal Bureau of Investigation, the Di-
rector of National Intelligence, and the Secretary of 
State.’’. 
SEC. 4. UNAVAILABILITY OF CERTAIN IMMIGRATION BENE-
FITS TO ALIENS IDENTIFIED IN TERRORIST 
SCREENING DATABASE. 
(a) ASYLUM.—Section 208(b)(2)(A)(v) of the Immi-
gration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) 
is amended by striking ‘‘or (VI)’’ and inserting ‘‘(VI), or 
(IX)’’. 
(b) 
WITHHOLDING
OF
REMOVAL.—Section 
241(b)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1231(b)(3)(B)) is amended, in the matter pre-
ceding clause (i), by inserting ‘‘inadmissible under section 
212(a)(3)(B)(i)(IX) 
or 
deportable 
under 
section 
237(a)(4)(B) as a consequence of being described in sec-
tion 212(a)(3)(B)(i)(IX), or’’ after ‘‘does not apply to an 
alien’’. 
(c) CANCELLATION OF REMOVAL.— 
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(1) CANCELLATION OF REMOVAL FOR CERTAIN 
PERMANENT
RESIDENTS.—Section 240A(a) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229b(a)) is amended, in the matter preceding para-
graph (1), by striking ‘‘inadmissible or deportable’’ 
and inserting ‘‘inadmissible (except an alien who is 
inadmissible under section 212(a)(3)(B)(i)(IX)) or 
deportable (except an alien who is deportable under 
section 237(a)(4)(B) as a consequence of being de-
scribed in section 212(a)(3)(B)(i)(IX))’’. 
(2) CANCELLATION OF REMOVAL FOR CERTAIN 
NONPERMANENT
RESIDENTS.—Section 240A(b)(1) 
of the Immigration and Nationality Act (8 U.S.C. 
1229b(b)(1)) is amended, in the matter preceding 
subparagraph (A), by striking ‘‘inadmissible or de-
portable’’ and inserting ‘‘inadmissible (except an 
alien 
who 
is 
inadmissible 
under 
section 
212(a)(3)(B)(i)(IX)) or deportable (except an alien 
who is deportable under section 237(a)(4)(B) as a 
consequence 
of 
being 
described 
in 
section 
212(a)(3)(B)(i)(IX))’’. 
(d) VOLUNTARY DEPARTURE.—Section 240B(c) of 
the Immigration and Nationality Act (8 U.S.C. 1229c(c)) 
is amended to read as follows: 
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‘‘(c) ALIENS INELIGIBLE.—The Secretary of Home-
land Security shall not permit an alien to depart volun-
tarily under this section if the alien— 
‘‘(1) was previously permitted to so depart after 
having been found inadmissible under section 
212(a)(6)(A); or 
‘‘(2) 
is 
inadmissible 
under 
section 
212(a)(3)(B)(i)(IX) or deportable under section 
237(a)(4)(B) as a consequence of being described in 
section 212(a)(3)(B)(i)(IX).’’. 
(e) ADJUSTMENT OF STATUS.—Section 245 of the 
Immigration and Nationality Act (8 U.S.C. 1255) is 
amended— 
(1) in subsection (c), by striking item (6) and 
inserting ‘‘(6) an alien who is inadmissible under 
section 212(a)(3)(B)(i)(IX) or deportable under sec-
tion 237(a)(4)(B);’’; and 
(2) in subsection (m)(1), in the matter pre-
ceding 
subparagraph 
(A), 
by 
striking 
‘‘212(a)(3)(E),’’ 
and 
inserting 
‘‘subparagraph 
(B)(i)(IX) or (E) of section 212(a)(3) or section 
237(a)(4)(B) as a consequence of being described in 
section 212(a)(3)(B)(i)(IX),’’. 
(f) REGISTRY.—Section 249 of the Immigration and 
Nationality Act (8 U.S.C. 1259) is amended— 
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(1) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’; and 
(2) by striking ‘‘inadmissible under section 
212(a)(3)(E) or under’’ and inserting ‘‘inadmissible 
under section 212(a)(3)(B)(i)(IX) or (E) or deport-
able 
from 
the 
United 
States 
under 
section 
237(a)(4)(B) as a consequence of being described in 
section 212(a)(3)(B)(i)(IX) or under’’. 
(g) CONVENTION AGAINST TORTURE.—Not later 
than 120 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall revise the regu-
lations found at sections 208.16 through 208.18 of title 
8, Code of Federal Regulations, implementing the United 
Nations Convention Against Torture and Other Forms of 
Cruel, Inhuman or Degrading Treatment or Punishment, 
done at New York on December 10, 1984. The revised 
regulations— 
(1) shall exclude from the protection of such 
regulations 
aliens 
described 
in 
section 
212(a)(3)(B)(i)(IX) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(3)(B)(i)(IX)) and make 
such aliens ineligible for withholding or deferral of 
removal under the immigration laws (as defined in 
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section 101(a)(17) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(17))); and 
(2) shall ensure that the revised regulations op-
erate so as to allow for the reopening and readjudi-
cation of determinations made under the regulations 
before the effective date of the revision and apply to 
acts and conditions constituting grounds of ineligi-
bility for the protection of such regulations (includ-
ing ineligibility for withholding or deferral of re-
moval) as revised, regardless of when such acts or 
conditions occurred. 
SEC. 5. EXPEDITED REMOVAL OF ALIENS INADMISSIBLE OR 
DEPORTABLE ON SECURITY AND RELATED 
GROUNDS. 
Section 238 of the Immigration and Nationality Act 
(8 U.S.C. 1228) is amended— 
(1) in the section heading, by adding at the end 
the following: ‘‘OR INADMISSIBLE OR DEPORTABLE 
ON SECURITY OR RELATED GROUNDS’’; 
(2) by redesignating the subsections succeeding 
subsection (b) as subsections (d) and (e), respec-
tively; and 
(3) by inserting after subsection (b) the fol-
lowing: 
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‘‘(c) REMOVAL OF ALIENS WHO ARE NOT PERMA-
NENT RESIDENTS AND WHO ARE INADMISSIBLE OR DE-
PORTABLE ON SECURITY OR RELATED GROUNDS.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security, in accordance with paragraph (3)— 
‘‘(A) notwithstanding section 240, in the 
case of every alien described in paragraph (2), 
shall determine the inadmissibility of such alien 
under section 212(a)(3)(B)(i)(IX) or the de-
portability 
of 
such 
alien 
under 
section 
237(a)(4)(B) as a consequence of being de-
scribed in section 212(a)(3)(B)(i)(IX) and issue 
an order of removal pursuant to the procedures 
set forth in this subsection to every such alien 
determined to be inadmissible under section 
212(a)(3)(B)(i)(IX) or deportable under section 
237(a)(4)(B) as a consequence of being de-
scribed in section 212(a)(3)(B)(i)(IX); and 
‘‘(B) in the case of an alien described in 
paragraph (2) who is not issued an order under 
subparagraph (A), may determine the inadmis-
sibility of such alien under section 212(a)(3)(B) 
(other than subparagraph (B)(i)(IX)) or the de-
portability 
of 
such 
alien 
under 
section 
237(a)(4)(B) (other than as a consequence of 
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being described in section 212(a)(3)(B)(i)(IX)) 
and issue an order of removal pursuant to the 
procedures set forth in this subsection or sec-
tion 240. 
‘‘(2) ALIENS
DESCRIBED.—An alien is de-
scribed in this paragraph if— 
‘‘(A) the alien has not been granted a 
waiver under section 212(d)(3)(C); and 
‘‘(B) the alien— 
‘‘(i) was not lawfully admitted for per-
manent residence at the time at which pro-
ceedings under this subsection commenced; 
or 
‘‘(ii) had permanent resident status 
on a conditional basis (as described in sec-
tion 216) at the time that proceedings 
under this subsection commenced. 
‘‘(3) EXPEDITED
PROCEEDINGS.—Proceedings 
under this subsection shall be in accordance with 
such regulations as the Secretary of Homeland Secu-
rity shall prescribe. The Secretary shall ensure 
that— 
‘‘(A) the alien is given reasonable notice of 
the charges and of the opportunity described in 
subparagraph (C); 
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‘‘(B) the alien shall have the privilege of 
being represented (at no expense to the govern-
ment) by such counsel, authorized to practice in 
such proceedings, as the alien shall choose; 
‘‘(C) the alien has a reasonable oppor-
tunity to inspect the evidence and rebut the 
charges; 
‘‘(D) a determination is made for the 
record that the individual upon whom the notice 
for the proceeding under this section is served 
(either in person or by mail) is, in fact, the 
alien named in such notice; 
‘‘(E) a record is maintained for judicial re-
view; and 
‘‘(F) the final order of removal is not adju-
dicated by the same person who issues the 
charges. 
‘‘(4) JUDICIAL
REVIEW.—The Secretary of 
Homeland Security may not execute any order de-
scribed in paragraph (1) until 14 calendar days have 
passed from the date that such order was issued, un-
less waived by the alien, in order that the alien has 
an opportunity to apply for judicial review under 
section 242. 
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‘‘(5) INELIGIBILITY
FOR
DISCRETIONARY
RE-
LIEF FROM REMOVAL.—No alien adjudicated inad-
missible or deportable in a proceeding under this 
subsection shall be eligible for any relief from re-
moval that the Secretary of Homeland Security may 
grant in the Secretary’s discretion.’’. 
SEC. 6. EFFECTIVE DATE; APPLICABILITY. 
This Act and the amendments made by this Act shall 
take effect on the date of the enactment of this Act and 
shall apply to all aliens identified in the terrorist screening 
database (as such term is defined in section 2101(10) of 
the Homeland Security Act of 2002 (6 U.S.C. 621(10))) 
on or after such date. 
Æ 
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