I 
117TH CONGRESS 
1ST SESSION 
H. R. 89 
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 
JANUARY 4, 2021 
Mr. DUNCAN (for himself, Mr. NORMAN, Mr. BUDD, Mr. GAETZ, Mr. WEBER 
of Texas, and Mr. TIMMONS) introduced the following bill; which was re-
ferred 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. SHORT TITLE. 
This Act may be cited as the ‘‘Terrorist Deportation 
Act of 2021’’. 
SEC. 2. INADMISSIBILITY OF ALIENS IDENTIFIED IN TER-
RORIST 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— 
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(1) in subclause (VIII), by striking ‘‘or’’ at the 
end; 
(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. 3. 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. 4. 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),’’; 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. 5. 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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