I
107TH CONGRESS
2D SESSION
H. R. 5013
To amend the Immigration and Nationality Act to bar the admission, and
facilitate the removal, of alien terrorists and their supporters and fund-
raisers, to secure our borders against terrorists, drug traffickers, and
other illegal aliens, to facilitate the removal of illegal aliens and aliens
who are criminals or human rights abusers, to reduce visa, document,
employment, and voting fraud, to reform the legal immigration system,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 25, 2002
Mr. GEKAS (for himself, Mr. BARTLETT of Maryland, Mr. CULBERSON, Mr.
DEAL of Georgia, Mr. GOODE, Mr. SAM JOHNSON of Texas, Mr. NOR-
WOOD, Mr. SESSIONS, Mr. SMITH of Texas, Mr. STUMP, Mr. TANCREDO,
and Mr. WELDON of Florida) introduced the following bill; which was re-
ferred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to bar the
admission, and facilitate the removal, of alien terrorists
and their supporters and fundraisers, to secure our bor-
ders against terrorists, drug traffickers, and other illegal
aliens, to facilitate the removal of illegal aliens and aliens
who are criminals or human rights abusers, to reduce
visa, document, employment, and voting fraud, to reform
the legal immigration system, 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; REFERENCES; TABLE OF CON-
TENTS; SEVERABILITY.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Securing America’s Future through Enforcement Reform
Act of 2002’’ (SAFER Act).
(b) REFERENCES
TO IMMIGRATION
AND NATION-
ALITY ACT.—Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or
other provision, the reference shall be considered to be
made to a section or other provision of the Immigration
and Nationality Act.
(c) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; references; table of contents; severability.
TITLE I—SECURING THE BORDER
Subtitle A—Prevention and Punishment of Criminal Smuggling, Transporting,
and Harboring of Aliens
Sec. 101. Increased personnel for investigating alien smuggling.
Sec. 102. Increased criminal sentences and fines for alien smuggling.
Sec. 103. Elimination of penalty on persons rendering emergency assistance.
Sec. 104. Change to sentencing guidelines.
Sec. 105. Enhanced penalties for persons committing offenses while armed.
Sec. 106. Discontinuing grant of visas to nationals of countries not cooperating
in combatting alien smuggling.
Subtitle B—Border Personnel and Strategy
Sec. 111. Increase in full-time border patrol agents.
Sec. 112. Report on number of border patrol agents needed to secure northern
border.
Sec. 113. Use of Army and Air Force to secure the border.
Sec. 114. Use of border property to secure the border.
Sec. 115. Report on border strategy.
TITLE II—SCREENING ALIENS SEEKING ADMISSION
Sec. 201. Increase in full-time inspectors.
Sec. 202. Visa waiver program.
Sec. 203. Consular officer interviews of all visa applicants.
Sec. 204. Recodification and reform of grounds of inadmissibility.
Sec. 205. Antifraud fee.
TITLE III—TRACKING ALIENS PRESENT IN THE UNITED STATES
Sec. 301. Entry-exit system.
Sec. 302. Collection of information regarding foreign students.
Sec. 303. Alien registration.
Sec. 304. Visa term compliance bonds.
Sec. 305. Release of aliens in removal proceedings.
Sec. 306. Detention of aliens delivered by bondsmen.
TITLE IV—REMOVING ALIEN TERRORISTS, CRIMINALS, AND
HUMAN RIGHTS VIOLATORS
Subtitle A—Removing Alien Terrorists
Sec. 401. Deportability of alien terrorists.
Sec. 402. Administrative removal of alien terrorists.
Sec. 403. Asylum petitions by members of terrorist organizations.
Subtitle B—Removing Alien Criminals
Sec. 411. Definition of criminal conviction.
Sec. 412. Removing murderers, rapists, and sexual abusers of children.
Sec. 413. Detention and release of criminal aliens pending removal decision.
Subtitle C—Removing Alien Human Rights Violators
Sec. 421. Serious human rights violator defined.
Sec. 422. Deportability of serious human rights violators.
Sec. 423. Arrest and detention of serious human rights violators pending re-
moval and criminal prosecution decisions.
Sec. 424. Exception to restriction on removal for serious human rights violators
and terrorists.
Sec. 425. Initiation of removal proceedings against serious human rights viola-
tors by complaint.
Sec. 426. Bars to refugee status and asylum for serious human rights violators.
Sec. 427. Bar to adjustment of status for serious human rights violators.
Sec. 428. Bar to finding of good moral character for serious human rights vio-
lators.
Sec. 429. Bar to cancellation of removal for serious human rights violators.
Sec. 430. Bar to adjustment of status with respect to certain special immi-
grants.
Sec. 431. Criminal penalties for reentry of removed serious human rights viola-
tors.
Sec. 432. Aiding or assisting serious human rights violators to enter the United
States.
Sec. 433. Revision of regulations with respect to the involuntary return of per-
sons in danger of subjection to torture.
Sec. 434. Effective date.
TITLE V—ENHANCING ENFORCEMENT OF THE IMMIGRATION
AND NATIONALITY ACT IN THE INTERIOR
Subtitle A—Document Security
Sec. 501. Birth certificates.
Sec. 502. Drivers licenses.
Sec. 503. Social security cards.
Subtitle B—Employment Eligibility Verification
Sec. 511. Employment eligibility verification system.
Sec. 512. Employment eligibility verification process.
Sec. 513. Effective date.
Subtitle C—Miscellaneous
Sec. 521. Increased investigative personnel.
Sec. 522. Expedited exclusion.
Sec. 523. Adjustment of status for certain aliens.
Sec. 524. Termination of continuous presence for purposes of cancellation of re-
moval upon commission of offense rendering alien inadmissible
or deportable.
Sec. 525. Reentry of removed aliens.
Sec. 526. Criminal and civil penalties for entry of aliens at improper time or
place, avoidance of examination or inspection, unlawful pres-
ence, and misrepresentation or concealment of facts.
Sec. 527. Communication between Government agencies and the Immigration
and Naturalization Service.
Sec. 528. Exception to removal for certain aliens.
Sec. 529. Detention facilities.
Sec. 530. Voluntary departure.
TITLE VI—ELIMINATING EXCESSIVE REVIEW AND DILATORY
AND ABUSIVE TACTICS BY ALIENS IN REMOVAL PROCEEDINGS
Sec. 601. Frivolous applications.
Sec. 602. Continuances; change of venue.
Sec. 603. Burden of proof in asylum proceedings.
Sec. 604. Review of convention against torture grants and denials.
Sec. 605. Time limit for decisions in administrative appeals.
Sec. 606. Review of asylum claims.
Sec. 607. Judicial review.
TITLE VII—VERIFICATION OF CITIZENSHIP OF VOTERS IN
FEDERAL ELECTIONS
Sec. 701. Establishment of program.
Sec. 702. Responses to inquiries.
Sec. 703. Requiring verification of citizenship of registered voters and appli-
cants.
Sec. 704. Responsibilities of Federal officials.
Sec. 705. Limitation on use of the program and any related systems.
Sec. 706. Enforcement.
Sec. 707. Chief election official defined.
Sec. 708. Authorization of appropriations.
TITLE VIII—REFORMING LEGAL IMMIGRATION
Subtitle A—Promotion of Citizenship
Sec. 801. Office of Citizenship established; changes in naturalization require-
ments.
Subtitle B—Treatment of Nationals of State Sponsors of Terrorism
Sec. 811. Treatment of nationals of state sponsors of terrorism.
Subtitle C—Legal Immigration Reform
Sec. 821. Extended family preference categories.
Sec. 822. Employment third preference category.
Sec. 823. Elimination of diversity immigrant program.
Sec. 824. Refugee admissions.
TITLE IX—MISCELLANEOUS PROVISIONS
Sec. 901. Temporary protected status.
Sec. 902. Good moral character.
Sec. 903. Removal for aliens who make misrepresentations to procure benefits.
Sec. 904. Designations of foreign terrorist organizations.
Sec. 905. Foreign students.
Sec. 906. Pay grade GS–15 available for INS trial attorneys.
Sec. 907. Proof of identity of aliens seeking relief.
Sec. 908. Following to join defined.
Sec. 909. Information on foreign crimes.
(d) SEVERABILITY.—If any provision of this Act, or
the application of such a provision to any person or cir-
cumstance, is held to be unconstitutional, the remainder
of this Act, and the application of the provisions of this
Act to any other person or circumstance, shall not be af-
fected by such holding.
TITLE I—SECURING THE
BORDER
Subtitle A—Prevention and Pun-
ishment of Criminal Smuggling,
Transporting, and Harboring of
Aliens
SEC. 101. INCREASED PERSONNEL FOR INVESTIGATING
ALIEN SMUGGLING.
(a) IN GENERAL.—The Attorney General, in each of
the fiscal years 2003 through 2010, shall increase the
number of positions for full-time, active-duty investigators
or other enforcement personnel within the Immigration
and Naturalization Service who are assigned to combat
alien smuggling by not less than 50 positions above the
number of such positions for which funds were allotted
for the preceding fiscal year.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—In addition to funds other-
wise available for such purpose, there are authorized
to be appropriated to the Immigration and Natu-
ralization Service of the Department of Justice such
sums as may be necessary in each of the fiscal years
2003 through 2010 to carry out subsection (a), and
to cover the operating expenses of the Service and
the Department in conducting undercover investiga-
tions of alien smuggling activities and in prosecuting
violations of section 274(a)(1)(A) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324(a)(1)(A))
(relating to alien smuggling), resulting from the in-
crease in personnel under subsection (a).
(2) AVAILABILITY OF FUNDS.—Amounts appro-
priated pursuant to paragraph (1) are authorized to
remain available until expended.
(c) ALIEN SMUGGLING DEFINED.—In this section,
the term ‘‘alien smuggling’’ means any act prohibited by
paragraph (1) or (2) of section 274(a) of the Immigration
and Nationality Act (8 U.S.C. 1324(a)).
SEC. 102. INCREASED CRIMINAL SENTENCES AND FINES
FOR ALIEN SMUGGLING.
(a) IN GENERAL.—Subject to subsection (b), pursu-
ant to its authority under section 994(p) of title 28,
United States Code, the United States Sentencing Com-
mission shall promulgate sentencing guidelines or amend
existing sentencing guidelines for smuggling, transporting,
harboring, or inducing aliens under sections 274(a)(1)(A)
of the Immigration and Nationality Act (8 U.S.C.
1324(a)(1)(A)) so as to—
(1) triple the minimum term of imprisonment
under that section for offenses involving the smug-
gling, transporting, harboring, or inducing of—
(A) 1 to 5 aliens from 10 months to 30
months;
(B) 6 to 24 aliens from 18 months to 54
months;
(C) 25 to 100 aliens from 27 months to 81
months; and
(D) 101 aliens or more from 37 months to
111 months;
(2) increase the minimum level of fines for each
of the offenses described in subparagraphs (A)
through (D) of paragraph (1) to the greater of
$25,000 per alien or 3 times the amount the defend-
ant received or expected to receive as compensation
for the illegal activity;
(3) increase by at least 2 offense levels above
the applicable enhancement in effect on the date of
the enactment of this Act the sentencing enhance-
ments for intentionally or recklessly creating a sub-
stantial risk of serious bodily injury or causing bod-
ily injury, serious injury, or permanent or life
threatening injury;
(4) for actions causing death, increase the of-
fense level to be equivalent to that for involuntary
manslaughter under section 1112 of title 28, United
States Code; and
(5) for corporations or other business entities
that knowingly benefit from such offenses, increase
the minimum level of fines for each of the offenses
described in subparagraphs (A) through (D) of para-
graph (1) to $50,000 per alien employed directly, or
indirectly through contract, by the corporation or
entity.
(b) EXCEPTION.—Subsection (a) shall not apply to
an offense that involved the smuggling, transporting, or
harboring only of the defendant’s spouse or child (or both
the defendant’s spouse and child).
(c) DEADLINE.—The United States Sentencing Com-
mission shall carry out subsection (a) not later than the
date that is 6 months after the date of the enactment of
this Act.
SEC. 103. ELIMINATION OF PENALTY ON PERSONS REN-
DERING EMERGENCY ASSISTANCE.
(a) IN GENERAL.—Section 274(a)(1) (8 U.S.C.
1324(a)(1)) is amended by adding at the end the fol-
lowing:
‘‘(C) In no case may any penalty for a violation of
subparagraph (A) be imposed on any person solely based
on actions taken by the person to render emergency assist-
ance to an alien found physically present in the United
States in life threatening circumstances.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act, and shall apply to offenses committed
after such date.
SEC. 104. CHANGE TO SENTENCING GUIDELINES.
In the exercise of its authority under section 994 of
title 28, United States Code, the United States Sentencing
Commission shall amend the Federal sentencing guidelines
to provide that plea bargaining and other prosecutorial
policies, and differences in those policies among different
districts, are not a ground for imposing a sentence outside
the applicable guidelines range for a violation of immigra-
tion law.
SEC. 105. ENHANCED PENALTIES FOR PERSONS COMMIT-
TING OFFENSES WHILE ARMED.
(a) IN GENERAL.—Section 924(c)(1) of title 18,
United States Code, is amended—
(1) in subparagraph (A)—
(A) by inserting after ‘‘device)’’ the fol-
lowing: 
‘‘or 
any 
violation 
of 
section
274(a)(1)(A) of the Immigration and Nation-
ality Act’’; and
(B) by striking ‘‘or drug trafficking
crime—’’ and inserting ‘‘, drug trafficking
crime, or violation of section 274(a)(1)(A) of
the Immigration and Nationality Act—’’; and
(2) in subparagraph (D)(ii), by striking ‘‘or
drug trafficking crime’’ and inserting ‘‘, drug traf-
ficking crime, or violation of section 274(a)(1)(A) of
the Immigration and Nationality Act’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the date of the enact-
ment of this Act, and shall apply to offenses committed
after such date.
SEC. 106. DISCONTINUING GRANT OF VISAS TO NATIONALS
OF COUNTRIES NOT COOPERATING IN COM-
BATTING ALIEN SMUGGLING.
On being notified by the Attorney General that the
government of a foreign country has not cooperated fully
with the United States, or has not taken adequate steps
on its own, to combat the smuggling of aliens into the
United States from territory controlled by the state, the
Secretary of State shall order consular officers in the
country to discontinue granting immigrant or non-
immigrant visas, or both, to citizens, subjects, nationals,
and residents of the country until the Attorney General
notifies the Secretary of State that the country has begun
to cooperate fully, or has taken adequate steps, to combat
such smuggling.
Subtitle B—Border Personnel and
Strategy
SEC. 111. INCREASE IN FULL-TIME BORDER PATROL
AGENTS.
The Attorney General, in each of fiscal years 2003
through 2010, shall increase by not less than 1,000 the
number of positions for full-time active-duty border patrol
agents within the Immigration and Naturalization Service
above the number of positions for which funds were allot-
ted for the preceding fiscal year.
SEC. 112. REPORT ON NUMBER OF BORDER PATROL
AGENTS NEEDED TO SECURE NORTHERN
BORDER.
(a) REPORT.—Not later than 1 year after the date
of the enactment of this Act, the Comptroller General of
the United States shall submit a report to the Committees
on the Judiciary of the House of Representatives and the
Senate on the number of border patrol agents needed to
secure the northern border of the United States.
(b) COOPERATION.—The Attorney General, the Sec-
retary of State, the Secretary of Defense, and the Director
of Homeland Security shall cooperate with the Comp-
troller General of the United States in carrying out this
section.
SEC. 113. USE OF ARMY AND AIR FORCE TO SECURE THE
BORDER.
Section 1385 of title 18, United States Code, is
amended by inserting after ‘‘execute the laws’’ the fol-
lowing: ‘‘other than at or near a border of the United
States in order to prevent aliens, terrorists, and drug
smugglers from entering the United States’’.
SEC. 114. USE OF BORDER PROPERTY TO SECURE THE BOR-
DER.
Section 102(c) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103
note) is amended by striking ‘‘this section.’’ and inserting
‘‘this section and to secure the borders of the United
States against aliens, terrorists, and drug smugglers.’’.
SEC. 115. REPORT ON BORDER STRATEGY.
(a) EVALUATION OF STRATEGY.—The Comptroller
General of the United States shall track, monitor, and
evaluate the Attorney General’s strategy to deter illegal
entry in the United States to determine the efficacy of
such strategy.
(b) COOPERATION.—The Attorney General, the Sec-
retary of State, and the Secretary of Defense shall cooper-
ate with the Comptroller General of the United States in
carrying out subsection (a).
(c) REPORT.—Not later than one year after the date
of the enactment of this Act, and every year thereafter
for the succeeding 5 years, the Comptroller General of the
United States shall submit a report to the Committees on
the Judiciary of the House of Representatives and of the
Senate on the results of the activities undertaken under
subsection (a) during the previous year. Each such report
shall include an analysis of the degree to which the Attor-
ney General’s strategy has been effective in reducing ille-
gal entry. Each such report shall include a collection and
systematic analysis of data, including workload indicators,
related to activities to deter illegal entry and recommenda-
tions to improve and increase border security at the border
and ports of entry.
TITLE II—SCREENING ALIENS
SEEKING ADMISSION
SEC. 201. INCREASE IN FULL-TIME INSPECTORS.
(a) IN GENERAL.—The Attorney General, in each of
fiscal years 2003 through 2010, shall increase by not less
than 250 the number of positions for full-time inspectors
within the Immigration and Naturalization Service above
the number of positions for which funds were allotted for
the preceding fiscal year.
(b) REPEAL.—Section 101(a)(1) of the Enhanced
Border Security and Visa Entry Reform Act of 2002
(Public Law 107–173) is repealed.
SEC. 202. VISA WAIVER PROGRAM.
(a) PASSPORT REQUIREMENTS.—Section 217(a)(3)
(8 U.S.C. 1187(a)(3)) is amended to read as follows:
‘‘(3) MACHINE-READABLE, TAMPER-RESISTANT
PASSPORT WITH BIOMETRIC IDENTIFIERS.—On and
after October 26, 2005, the alien at the time of ap-
plication for admission is in possession of a valid un-
expired machine-readable passport that—
‘‘(A) satisfies the internationally accepted
standard for machine readability;
‘‘(B) is tamper-resistant; and
‘‘(C) incorporates biometric and document
authentification identifiers that comply with ap-
plicable biometric and document identifying
standards established by the International Civil
Aviation Organization.’’.
(b) REPEAL.—Section 303(c) of the Enhanced Bor-
der Security and Visa Entry Reform Act of 2002 (Public
Law 107–173) is repealed.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 26, 2005.
SEC. 203. CONSULAR OFFICER INTERVIEWS OF ALL VISA
APPLICANTS.
(a) IN GENERAL.—Section 221 (8 U.S.C. 1201) is
amended by adding at the end the following:
‘‘(j) Prior to the issuance of an immigrant or non-
immigrant visa to any alien, the consular officer shall re-
quire such alien to submit to an in-person interview in ac-
cordance with such regulations as may be prescribed.’’.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out the amend-
ment made by subsection (a) such sums as may be nec-
essary for fiscal years 2003 through 2010.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to visas issued after October 1,
2002.
SEC. 204. RECODIFICATION AND REFORM OF GROUNDS OF
INADMISSIBILITY.
(a) TRANSFER AND REDESIGNATION.—Section 212
(8 U.S.C. 1182) is amended—
(1) by transferring subsection (e) to the end of
section 222 (8 U.S.C. 1202) and redesignating it as
subsection (h);
(2) by transferring subsections (j), (m), (n),
and (q) to the end of section 214 (8 U.S.C. 1202)
and redesignating them as subsections (s), (t), (u),
and (v), respectively; and
(3) by amending the remainder of such section
to read as follows:
‘‘SEC. 212. GENERAL CLASSES OF ALIENS INELIGIBLE TO
RECEIVE VISAS AND INELIGIBLE FOR ADMIS-
SION; WAIVERS OF INADMISSIBILITY.
‘‘(a) CLASSES OF ALIENS INELIGIBLE FOR VISAS OR
ADMISSION.—Except as otherwise provided in this Act,
aliens who are inadmissible under the following para-
graphs are ineligible to receive visas and ineligible to be
admitted to the United States:
‘‘(1) HEALTH-RELATED GROUNDS.—
‘‘(A) IN GENERAL.—Any alien—
‘‘(i) who is determined (in accordance
with regulations prescribed by the Sec-
retary of Health and Human Services) to
have a communicable disease of public
health significance, which shall include in-
fection with the etiologic agent for ac-
quired immune deficiency syndrome;
‘‘(ii) except as provided in subpara-
graph (C), who seeks admission as an im-
migrant, or who seeks adjustment of status
to the status of an alien lawfully admitted
for permanent residence, and who has
failed to present documentation of having
received vaccination against vaccine-pre-
ventable diseases, which shall include at
least the following diseases: mumps, mea-
sles, rubella, polio, tetanus and diphtheria
toxoids, pertussis, influenza type B and
hepatitis B, and any other vaccinations
against vaccine-preventable diseases rec-
ommended by the Advisory Committee for
Immunization Practices;
‘‘(iii) who is determined (in accord-
ance with regulations prescribed by the
Secretary of Health and Human Services
in consultation with the Attorney Gen-
eral)—
‘‘(I) to have a physical or mental
disorder and behavior associated with
the disorder that may pose, or has
posed, a threat to the property, safety,
or welfare of the alien or others; or
‘‘(II) to have had a physical or
mental disorder and a history of be-
havior associated with the disorder,
which behavior has posed a threat to
the property, safety, or welfare of the
alien or others and which behavior is
likely to recur or to lead to other
harmful behavior; or
‘‘(iv) who is determined (in accord-
ance with regulations prescribed by the
Secretary of Health and Human Services)
to be a drug abuser or addict,
is inadmissible.
‘‘(B) WAIVER
AUTHORIZED.—For provi-
sion authorizing waiver of certain clauses of
subparagraph (A), see subsection (e).
‘‘(C) EXCEPTION FROM IMMUNIZATION RE-
QUIREMENT FOR ADOPTED CHILDREN 10 YEARS
OF AGE OR YOUNGER.—Clause (ii) of subpara-
graph (A) shall not apply to a child who—
‘‘(i) is 10 years of age or younger;
‘‘(ii) 
is 
described 
in 
section
101(b)(1)(F); and
‘‘(iii) is seeking an immigrant visa as
an 
immediate 
relative 
under 
section
201(b),
if, prior to the admission of the child, an adop-
tive parent or prospective adoptive parent of the
child, who has sponsored the child for admis-
sion as an immediate relative, has executed an
affidavit stating that the parent is aware of the
provisions of subparagraph (A)(ii) and will en-
sure that, within 30 days of the child’s admis-
sion, or at the earliest time that is medically
appropriate, the child will receive the vaccina-
tions identified in such subparagraph.
‘‘(2) CRIMINAL AND RELATED GROUNDS.—
‘‘(A) CONVICTION OF CERTAIN CRIMES.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), any alien convicted of,
or who admits having committed, or who
admits committing acts which constitute
the essential elements of—
‘‘(I) a crime involving moral tur-
pitude (other than a purely political
offense) or an attempt or conspiracy
to commit such a crime; or
‘‘(II) a violation of (or a con-
spiracy or attempt to violate) any law
or regulation of a State, the United
States, or a foreign country relating
to a controlled substance (as defined
in section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802)),
is inadmissible.
‘‘(ii) EXCEPTION.—Clause (i)(I) shall
not apply to an alien who committed only
one crime if—
‘‘(I) the crime was committed
when the alien was under 18 years of
age, and the crime was committed
(and the alien released from any con-
finement to a prison or correctional
institution imposed for the crime)
more than 5 years before the date of
application for a visa or other docu-
mentation and the date of application
for admission to the United States; or
‘‘(II) the maximum penalty pos-
sible for the crime of which the alien
was convicted (or which the alien ad-
mits having committed or of which the
acts that the alien admits having com-
mitted constituted the essential ele-
ments) did not exceed imprisonment
for one year and, if the alien was con-
victed of such crime, the alien was not
sentenced to a term of imprisonment
in excess of 6 months (regardless of
the extent to which the sentence was
ultimately executed).
‘‘(B) 
MULTIPLE
CRIMINAL
CONVIC-
TIONS.—Any alien convicted of 2 or more of-
fenses (other than purely political offenses), re-
gardless of whether the conviction was in a sin-
gle trial or whether the offenses arose from a
single scheme of misconduct and regardless of
whether the offenses involved moral turpitude,
for which the aggregate sentences to confine-
ment were 5 years or more is inadmissible.
‘‘(C) 
CONTROLLED
SUBSTANCE
TRAF-
FICKERS.—Any alien who the consular officer
or the Attorney General knows or has reason to
believe—
‘‘(i) is or has been an illicit trafficker
in any controlled substance or in any listed
chemical (as defined in section 102 of the
Controlled Substances Act (21 U.S.C.
802)), or is or has been a knowing aider,
abettor, assistant, conspirator, or colluder
with others in the illicit trafficking in any
such controlled or listed substance or
chemical, or endeavored to do so; or
‘‘(ii) is the spouse, son, or daughter of
an alien inadmissible under clause (i), has,
within the previous 5 years, obtained any
financial or other benefit from the illicit
activity of that alien, and knew or reason-
ably should have known that the financial
or other benefit was the product of such il-
licit activity,
is inadmissible.
‘‘(D) 
PROSTITUTION
AND
COMMER-
CIALIZED VICE.—Any alien who—
‘‘(i) is coming to the United States
solely, principally, or incidentally to engage
in prostitution, or has engaged in prostitu-
tion within 10 years of the date of applica-
tion for a visa, admission, or adjustment of
status;
‘‘(ii) directly or indirectly procures or
attempts to procure, or (within 10 years of
the date of application for a visa, entry, or
adjustment of status) procured or at-
tempted to procure or to import, pros-
titutes or persons for the purpose of pros-
titution, or receives or (within such 10-
year period) received, in whole or in part,
the proceeds of prostitution; or
‘‘(iii) is coming to the United States
to engage in any other unlawful commer-
cialized vice, whether or not related to
prostitution,
is inadmissible.
‘‘(E) CERTAIN ALIENS INVOLVED IN SERI-
OUS CRIMINAL ACTIVITY WHO HAVE ASSERTED
IMMUNITY FROM PROSECUTION.—Any alien—
‘‘(i) who has committed in the United
States at any time a serious criminal of-
fense (as defined in section 101(h));
‘‘(ii) for whom immunity from crimi-
nal jurisdiction was exercised with respect
to that offense;
‘‘(iii) who as a consequence of the of-
fense and exercise of immunity has de-
parted from the United States; and
‘‘(iv) who has not subsequently sub-
mitted fully to the jurisdiction of the court
in the United States having jurisdiction
with respect to that offense,
is inadmissible.
‘‘(F) WAIVER
AUTHORIZED.—For provi-
sion authorizing waiver of certain subpara-
graphs of this paragraph, see subsection (f).
‘‘(G) SERIOUS HUMAN RIGHTS ABUSERS.—
Any serious human rights violator is inadmis-
sible.
‘‘(H) SIGNIFICANT TRAFFICKERS IN PER-
SONS.—
‘‘(i) IN GENERAL.—Any alien who is
listed in a report submitted pursuant to
section 111(b) of the Trafficking Victims
Protection Act of 2000, or who the con-
sular officer or the Attorney General
knows or has reason to believe is or has
been a knowing aider, abettor, assistant,
conspirator, or colluder with such a traf-
ficker in severe forms of trafficking in per-
sons, as defined in section 103 of such Act,
is inadmissible.
‘‘(ii) 
BENEFICIARIES
OF
TRAF-
FICKING.—Except as provided in clause
(iii), any alien who the consular officer or
the Attorney General knows or has reason
to believe is the spouse, son, or daughter
of an alien inadmissible under clause (i),
has, within the previous 5 years, obtained
any financial or other benefit from the il-
licit activity of that alien, and knew or rea-
sonably should have known that the finan-
cial or other benefit was the product of
such illicit activity, is inadmissible.
‘‘(iii) EXCEPTION FOR CERTAIN SONS
AND
DAUGHTERS.—Clause (ii) shall not
apply to a son or daughter who was a child
at the time he or she received the benefit
described in such clause.
‘‘(I) MONEY LAUNDERING.—Any alien—
‘‘(i) who a consular officer or the At-
torney General knows, or has reason to be-
lieve, has engaged, is engaging, or seeks to
enter the United States to engage, in an
offense which is described in section 1956
or 1957 of title 18, United States Code
(relating to laundering of monetary instru-
ments); or
‘‘(ii) who a consular officer or the At-
torney General knows is, or has been, a
knowing aider, abettor, assistant, con-
spirator, or colluder with others in an of-
fense which is described in such section,
is inadmissible.
‘‘(J) AGGRAVATED FELONY.—
‘‘(i) IN
GENERAL.—Any alien con-
victed of an aggravated felony is inadmis-
sible.
‘‘(ii) WAIVER
AUTHORIZED.—Clause
(i) shall not apply in the case of an alien
with respect to a criminal conviction if the
alien subsequent to the criminal conviction
has been granted a full and unconditional
pardon by the President of the United
States or by the Governor of any State.
‘‘(K) CERTAIN FIREARM OFFENSES.—Any
alien who is convicted under any law of pur-
chasing, selling, offering for sale, exchanging,
using, owning, possessing, or carrying, or of at-
tempting or conspiring to purchase, sell, offer
for sale, exchange, use, own, possess, or carry,
any weapon, part, or accessory which is a fire-
arm or destructive device (as defined in section
921(a) of title 18, United States Code) in viola-
tion of any law is inadmissible.
‘‘(3) SECURITY AND RELATED GROUNDS.—
‘‘(A) IN GENERAL.—Any alien who a con-
sular officer or the Attorney General knows, or
has reasonable ground to believe, seeks to enter
the United States to engage solely, principally,
or incidentally in—
‘‘(i) any activity—
‘‘(I) to violate any law of the
United States relating to espionage or
sabotage; or
‘‘(II) to violate or evade any law
prohibiting 
the 
export 
from 
the
United States of goods, technology, or
sensitive information;
‘‘(ii) any other unlawful activity, in-
cluding participation in a criminal enter-
prise, conspiracy, or scheme; or
‘‘(iii) any activity a purpose of which
is the opposition to, or the control or over-
throw of, the Government of the United
States by force, violence, or other unlawful
means,
is inadmissible.
‘‘(B) TERRORIST ACTIVITIES.—
‘‘(i) IN GENERAL.—Any alien who—
‘‘(I) has engaged in a terrorist
activity;
‘‘(II) a consular officer or the At-
torney General knows, or has reason-
able ground to believe, is engaged in
or is likely to engage after entry in
any terrorist activity (as defined in
clause (iv));
‘‘(III) has, under circumstances
indicating an intention to cause death
or serious bodily harm, incited ter-
rorist activity;
‘‘(IV) is a representative (as de-
fined in clause (v)) of—
‘‘(aa) a terrorist organiza-
tion; or
‘‘(bb) a political, social, or
other group that endorses or es-
pouses terrorist activity;
‘‘(V) is a member of a terrorist
organization;
‘‘(VI) endorses or espouses ter-
rorist activity or persuades others to
endorse or espouse terrorist activity or
support a terrorist organization;
‘‘(VII) had information about an
activity that the alien knew, or should
have known, was a terrorist activity
(before or after such activity occurred
or while it was ongoing), knew, or
should have known, that such infor-
mation was not public information,
and failed to report such information
to a governmental authority; or
‘‘(VIII) is the spouse or child of
an alien who is inadmissible under
this subparagraph, if the activity
causing the alien to be found inadmis-
sible occurred within the last 5 years,
is inadmissible. An alien who is an officer,
official, representative, or spokesman of
the Palestine Liberation Organization is
considered, for purposes of this Act, to be
engaged in a terrorist activity.
‘‘(ii) EXCEPTION.—Subclause (VII) of
clause (i) does not apply to a spouse or
child—
‘‘(I) who did not know or should
not reasonably have known of the ac-
tivity causing the alien to be found in-
admissible under this subparagraph;
or
‘‘(II) whom the consular officer
or Attorney General has reasonable
grounds to believe has renounced the
activity causing the alien to be found
inadmissible under this subparagraph.
‘‘(iii) 
TERRORIST
ACTIVITY
DE-
FINED.—As used in this subparagraph, the
term ‘terrorist activity’ means any activity
which is unlawful under the laws of the
place where it is committed (or which, if it
had been or were to be committed in the
United States, would be unlawful under
the laws of the United States or any State)
and which involves any of the following:
‘‘(I) The hijacking or sabotage of
any conveyance (including an aircraft,
vessel, or vehicle).
‘‘(II) The seizing or detaining,
and threatening to kill, injure, or con-
tinue to detain, another individual in
order to compel a third person (in-
cluding a governmental organization)
to do or abstain from doing any act as
an explicit or implicit condition for
the release of the individual seized or
detained.
‘‘(III) A violent attack upon an
internationally protected person (as
defined in section 1116(b)(4) of title
18, United States Code) or upon the
liberty of such a person.
‘‘(IV) An assassination.
‘‘(V) The use of any—
‘‘(aa) biological agent, chem-
ical agent, or nuclear weapon or
device; or
‘‘(bb) explosive, firearm, or
other weapon or dangerous device
(other than for mere personal
monetary gain),
with intent to endanger, directly or in-
directly, the safety of one or more in-
dividuals or to cause substantial dam-
age to property.
‘‘(VI) A threat, attempt, or con-
spiracy to do any of the foregoing.
‘‘(iv) ENGAGE IN TERRORIST ACTIVITY
DEFINED.—As used in this subparagraph,
the term ‘engage in terrorist activity’
means, in an individual capacity or as a
member of an organization—
‘‘(I) to commit or to incite to
commit, under circumstances indi-
cating an intention to cause death or
serious bodily injury, a terrorist activ-
ity;
‘‘(II) to prepare or plan a ter-
rorist activity;
‘‘(III) to gather information on
potential targets for terrorist activity;
‘‘(IV) to solicit funds or other
things of value for—
‘‘(aa) a terrorist activity;
‘‘(bb) a terrorist organiza-
tion described in clause (vi)(I) or
(vi)(II); or
‘‘(cc) a terrorist organiza-
tion described in clause (vi)(III),
unless the solicitor can dem-
onstrate by clear and convincing
evidence that he did not know,
and should not reasonably have
known, that the organization was
a terrorist organization;
‘‘(V) to solicit any individual—
‘‘(aa) to engage in conduct
otherwise 
described 
in 
this
clause;
‘‘(bb) for membership in a
terrorist organization described
in clause (vi)(I) or (vi)(II); or
‘‘(cc) for membership in a
terrorist organization described
in clause (vi)(III), unless the so-
licitor can demonstrate by clear
and convincing evidence that he
did not know, and should not
reasonably have known, that the
organization was a terrorist orga-
nization; or
‘‘(VI) to commit an act that the
actor knows, or reasonably should
know, affords material support, in-
cluding a safe house, transportation,
communications, funds, transfer of
funds or other material financial ben-
efit, false documentation or identifica-
tion, weapons (including chemical, bi-
ological, or radiological weapons), ex-
plosives, or training—
‘‘(aa) for the commission of
a terrorist activity;
‘‘(bb) to any individual who
the actor knows, or reasonably
should know, has committed or
plans to commit a terrorist activ-
ity; or
‘‘(cc) to a terrorist organiza-
tion described in subclauses (I)
through (III) of clause (vi).
‘‘(v) REPRESENTATIVE DEFINED.—As
used in this subparagraph, the term ‘rep-
resentative’ includes an officer, official, or
spokesman of an organization, and any
person who directs, counsels, commands,
or induces an organization or its members
to engage in terrorist activity.
‘‘(vi) TERRORIST ORGANIZATION DE-
FINED.—As used in this section, the term
‘terrorist 
organization’ 
means 
an
organization—
‘‘(I) designated under section
219;
‘‘(II) otherwise designated, upon
publication in the Federal Register, by
the Secretary of State in consultation
with or upon the request of the Attor-
ney General, as a terrorist organiza-
tion, after finding that the organiza-
tion engages in the activities described
in subclauses (I) through (VI) of
clause (iv), or that the organization
provides material support to further
terrorist activity; or
‘‘(III) that is a group of two or
more individuals, whether organized
or not, which engages in, or has a
subgroup which engages in, the activi-
ties 
described 
in 
subclauses 
(I)
through (VI) of clause (iv).
‘‘(C) FOREIGN
POLICY.—An alien whose
entry or proposed activities in the United States
the Secretary of State has reasonable ground to
believe would have potentially serious adverse
foreign policy consequences for the United
States is inadmissible.
‘‘(D) IMMIGRANT MEMBERSHIP IN TOTALI-
TARIAN PARTY.—
‘‘(i) IN
GENERAL.—Any immigrant
who is or has been a member of or affili-
ated with the Communist or any other to-
talitarian party (or subdivision or affiliate
thereof), domestic or foreign, is inadmis-
sible.
‘‘(ii) EXCEPTION
FOR
INVOLUNTARY
MEMBERSHIP.—Clause (i) shall not apply
to an alien because of membership or affili-
ation if the alien establishes to the satis-
faction of the consular officer when apply-
ing for a visa (or to the satisfaction of the
Attorney General when applying for admis-
sion) that the membership or affiliation is
or was involuntary, or is or was solely
when under 16 years of age, by operation
of law, or for purposes of obtaining em-
ployment, food rations, or other essentials
of living and necessary for such purposes.
‘‘(iii) EXCEPTION FOR PAST MEMBER-
SHIP.—Clause (i) shall not apply to an
alien because of membership or affiliation
if the alien establishes to the satisfaction
of the consular officer when applying for a
visa (or to the satisfaction of the Attorney
General when applying for admission)
that—
‘‘(I) the membership or affiliation
terminated at least—
‘‘(aa) 2 years before the
date of such application; or
‘‘(bb) 5 years before the
date of such application, in the
case of an alien whose member-
ship or affiliation was with the
party controlling the government
of a foreign state that is a totali-
tarian dictatorship as of such
date; and
‘‘(II) the alien is not a threat to
the security of the United States.
‘‘(E) PARTICIPANTS
IN
NAZI
PERSECU-
TIONS.—Any alien who, during the period be-
ginning on March 23, 1933, and ending on May
8, 1945, under the direction of, or in associa-
tion with—
‘‘(i) the Nazi government of Germany;
‘‘(ii) any government in any area oc-
cupied by the military forces of the Nazi
government of Germany;
‘‘(iii) any government established with
the assistance or cooperation of the Nazi
government of Germany; or
‘‘(iv) any government which was an
ally of the Nazi government of Germany,
ordered, incited, assisted, or otherwise partici-
pated in the persecution of any person because
of race, religion, national origin, or political
opinion, is inadmissible.
‘‘(F) ASSOCIATION WITH TERRORIST ORGA-
NIZATIONS.—Any alien who the Secretary of
State, after consultation with the Attorney Gen-
eral, or the Attorney General, after consultation
with the Secretary of State, determines has
been associated with a terrorist organization
and intends while in the United States to en-
gage solely, principally, or incidentally in activi-
ties that could endanger the welfare, safety, or
security of the United States is inadmissible.
‘‘(G) 
NATIONAL
SECURITY
CON-
SEQUENCES.—An alien whose entry or proposed
activities in the United States the Attorney
General has reasonable grounds to believe
would have potentially serious adverse con-
sequences for the national security of the
United States is inadmissible.
‘‘(4) PUBLIC CHARGE.—
‘‘(A) IN GENERAL.—Any alien who, in the
opinion of the consular officer at the time of
application for a visa, or in the opinion of the
Attorney General at the time of application for
admission or adjustment of status, is likely at
any time to become a public charge is inadmis-
sible.
‘‘(B) FACTORS
TO
BE
TAKEN
INTO
AC-
COUNT.—
‘‘(i) IN
GENERAL.—In determining
whether an alien is inadmissible under this
paragraph, the consular officer or the At-
torney General shall at a minimum con-
sider the alien’s—
‘‘(I) age;
‘‘(II) health;
‘‘(III) family status;
‘‘(IV) assets, resources, and fi-
nancial status; and
‘‘(V) education and skills.
‘‘(ii) AFFIDAVIT OF SUPPORT.—In ad-
dition to the factors under clause (i), the
consular officer or the Attorney General
may also consider any affidavit of support
under section 213A for purposes of exclu-
sion under this paragraph.
‘‘(C) FAMILY-SPONSORED
IMMIGRANTS.—
Any alien who seeks admission or adjustment of
status under a visa number issued under sec-
tion 201(b)(2) or 203(a) is inadmissible under
this paragraph unless—
‘‘(i) the alien has obtained—
‘‘(I) status as a spouse or a child
of a United States citizen pursuant to
clause (ii), (iii), or (iv) of section
204(a)(1)(A); or
‘‘(II) classification pursuant to
clause 
(ii) 
or 
(iii) 
of 
section
204(a)(1)(B); or
‘‘(ii) the person petitioning for the
alien’s admission (including any additional
sponsor required under section 213A(f))
has executed an affidavit of support de-
scribed in section 213A with respect to
such alien.
‘‘(D) CERTAIN EMPLOYMENT-BASED IMMI-
GRANTS.—Any alien who seeks admission or ad-
justment of status under a visa number issued
under section 203(b) by virtue of a classifica-
tion petition filed by a relative of the alien (or
by an entity in which such relative has a signifi-
cant ownership interest) is inadmissible under
this paragraph unless such relative has exe-
cuted an affidavit of support described in sec-
tion 213A with respect to such alien.
‘‘(5) LABOR
CERTIFICATION
AND
QUALIFICA-
TIONS FOR CERTAIN IMMIGRANTS.—
‘‘(A) LABOR CERTIFICATION.—
‘‘(i) IN
GENERAL.—Any alien who
seeks to enter the United States for the
purpose of performing skilled or unskilled
labor is inadmissible, unless the Secretary
of Labor has determined and certified to
the Secretary of State and the Attorney
General that—
‘‘(I) there are not sufficient
workers who are able, willing, quali-
fied (or equally qualified in the case of
an alien described in clause (ii)) and
available at the time of application for
a visa and admission to the United
States and at the place where the
alien is to perform such skilled or un-
skilled labor; and
‘‘(II) the employment of such
alien will not adversely affect the
wages and working conditions of
workers in the United States similarly
employed.
‘‘(ii) CERTAIN
ALIENS
SUBJECT
TO
SPECIAL
RULE.—For purposes of clause
(i)(I), an alien described in this clause is
an alien who—
‘‘(I) is a member of the teaching
profession; or
‘‘(II) has exceptional ability in
the sciences or the arts.
‘‘(iii) PROFESSIONAL ATHLETES.—
‘‘(I) IN
GENERAL.—A certifi-
cation made under clause (i) with re-
spect to a professional athlete shall
remain valid with respect to the ath-
lete after the athlete changes em-
ployer, if the new employer is a team
in the same sport as the team which
employed the athlete when the athlete
first applied for the certification.
‘‘(II) 
DEFINITION.—For 
pur-
poses of subclause (I), the term ‘pro-
‘‘(v) COMPUTATION
OF
PREVAILING
WAGE.—
‘‘(I) EMPLOYEES
OF
CERTAIN
RESEARCH ORGANIZATIONS.—In com-
puting the prevailing wage level for an
occupational classification in an area
of employment for purposes of section
214(u)(1)(A)(i)(II) and this subpara-
graph in the case of an employee of—
‘‘(aa) an institution of high-
er education (as defined in sec-
tion 101(a) of the Higher Edu-
cation Act of 1965), or a related
or affiliated nonprofit entity; or
‘‘(bb) a nonprofit research
organization or a Governmental
research organization,
the prevailing wage level shall only
take into account employees at such
institutions and organizations in the
area of employment.
‘‘(II) 
PROFESSIONAL
ATH-
LETES.—With respect to a profes-
sional athlete (as defined in clause
(iii)(II)) when the job opportunity is