Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Anti-Atrocity Alien De-
portation Act of 2003’’. 
SEC. 2. INADMISSIBILITY AND DEPORTABILITY OF ALIENS 
WHO HAVE COMMITTED ACTS OF TORTURE 
OR EXTRAJUDICIAL KILLINGS ABROAD. 
(a) INADMISSIBILITY.—Section 212(a)(3)(E) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(3)(E)) is amended— 
(1) in clause (ii), by striking ‘‘has engaged in 
conduct that is defined as genocide for purposes of 
the International Convention on the Prevention and 
Punishment of Genocide is inadmissible’’ and insert-
ing ‘‘ordered, incited, assisted, or otherwise partici-
pated in conduct outside the United States that 
would, if committed in the United States or by a 
United States national, be genocide, as defined in 
section 1091(a) of title 18, United States Code, is 
inadmissible’’; 
(2) by adding at the end the following: 
‘‘(iii) COMMISSION OF ACTS OF TOR-
TURE OR EXTRAJUDICIAL KILLINGS.—Any 
alien who, outside the United States, has
committed, ordered, incited, assisted, or 
otherwise participated in the commission 
of—
‘‘(I) any act of torture, as de-
fined in section 2340 of title 18, 
United States Code; or 
‘‘(II) under color of law of any 
foreign nation, any extrajudicial kill-
ing, as defined in section 3(a) of the 
Torture Victim Protection Act of 
1991 (28 U.S.C. 1350 note); 
is inadmissible.’’; and 
(3) in the subparagraph heading, by striking 
‘‘PARTICIPANTS
IN
NAZI
PERSECUTION
OR
GENO-
CIDE’’ and inserting ‘‘PARTICIPANTS IN NAZI PERSE-
CUTION, GENOCIDE, OR THE COMMISSION OF ANY 
ACT OF TORTURE OR EXTRAJUDICIAL KILLING’’. 
(b) DEPORTABILITY.—Section 237(a)(4)(D) of such 
Act (8 U.S.C. 1227(a)(4)(D)) is amended— 
(1) by striking ‘‘clause (i) or (ii)’’ and inserting 
‘‘clause (i), (ii), or (iii)’’; and 
(2) in the subparagraph heading, by striking 
‘‘ASSISTED IN NAZI PERSECUTION OR ENGAGED IN 
GENOCIDE’’ and inserting ‘‘PARTICIPATED IN NAZI
PERSECUTION, GENOCIDE, OR THE COMMISSION OF 
ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to offenses committed before, on, 
or after the date of the enactment of this Act. 
SEC. 3. INADMISSIBILITY AND DEPORTABILITY OF FOR-
EIGN GOVERNMENT OFFICIALS WHO HAVE 
COMMITTED PARTICULARLY SEVERE VIOLA-
TIONS OF RELIGIOUS FREEDOM. 
(a) 
GROUND
OF
INADMISSIBILITY.—Section 
212(a)(2)(G) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(2)(G)) is amended to read as follows: 
‘‘(G) FOREIGN
GOVERNMENT
OFFICIALS 
WHO HAVE COMMITTED PARTICULARLY SEVERE 
VIOLATIONS
OF
RELIGIOUS
FREEDOM.—Any 
alien who, while serving as a foreign govern-
ment official, was responsible for or directly 
carried out, at any time, particularly severe vio-
lations of religious freedom, as defined in sec-
tion 3 of the International Religious Freedom 
Act of 1998 (22 U.S.C. 6402), is inadmis-
sible.’’. 
(b) GROUND OF DEPORTABILITY.—Section 237(a)(4) 
of the Immigration and Nationality Act (8 U.S.C.
1227(a)(4)) is amended by adding at the end the fol-
lowing: 
‘‘(E) PARTICIPATED IN THE COMMISSION 
OF SEVERE VIOLATIONS OF RELIGIOUS FREE-
DOM.—Any 
alien 
described 
in 
section 
212(a)(2)(G) is deportable.’’.
SEC. 4. WAIVER OF INADMISSIBILITY. 
Section 212(d)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1182(d)(3)) is amended—
(1) in subparagraph (A), by striking ‘‘and 
3(E)’’ and inserting ‘‘and clauses (i) and (ii) of 
paragraph (3)(E)’’; and 
(2) in subparagraph (B), by striking ‘‘and 
3(E)’’ and inserting ‘‘and clauses (i) and (ii) of 
paragraph (3)(E)’’. 
SEC. 5. BAR TO GOOD MORAL CHARACTER FOR ALIENS 
WHO HAVE COMMITTED ACTS OF TORTURE, 
EXTRAJUDICIAL KILLINGS, OR SEVERE VIO-
LATIONS OF RELIGIOUS FREEDOM. 
Section 101(f) of the Immigration and Nationality 
Act (8 U.S.C. 1101(f)) is amended—
(1) by striking the period at the end of para-
graph (8) and inserting ‘‘; and’’; and 
(2) by adding at the end the following:
‘‘(9) one who at any time has engaged in con-
duct described in section 212(a)(3)(E) (relating to 
assistance in Nazi persecution, participation in geno-
cide, 
or 
commission 
of 
acts 
of 
torture 
or 
extrajudicial killings) or 212(a)(2)(G) (relating to 
severe violations of religious freedom).’’. 
SEC. 6. ESTABLISHMENT OF THE OFFICE OF SPECIAL IN-
VESTIGATIONS. 
(a) AMENDMENT OF THE IMMIGRATION AND NA-
TIONALITY ACT.—Section 103 of the Immigration and 
Nationality Act (8 U.S.C. 1103) is amended by adding 
at the end the following: 
‘‘(h)(1) The Attorney General shall establish within 
the Criminal Division of the Department of Justice an Of-
fice of Special Investigations with the authority to detect 
and investigate, and, where appropriate, to take legal ac-
tion to denaturalize any alien described in section 
212(a)(3)(E). 
‘‘(2) The Attorney General shall consult with the Sec-
retary of the Department of Homeland Security in making 
determinations concerning the criminal prosecution or ex-
tradition of aliens described in section 212(a)(3)(E). 
‘‘(3) In determining the appropriate legal action to 
take against an alien described in section 212(a)(3)(E), 
consideration shall be given to—
Representatives a report on implementation of this Act 
that includes a description of—
(1) the procedures used to refer matters to the 
Office of Special Investigations and other compo-
nents within the Department of Justice and the De-
partment of Homeland Security in a manner con-
sistent with the amendments made by this Act; 
(2) the revisions, if any, made to immigration 
forms to reflect changes in the Immigration and Na-
tionality Act made by the amendments contained in 
this Act; and 
(3) the procedures developed, with adequate due 
process protection, to obtain sufficient evidence to 
determine whether an alien may be inadmissible 
under the terms of the amendments made by this 
Act.
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