Terrorist Deportation Act of 2021
Bill: H.R.89 | Sponsor: Rep. Duncan, Jeff (R-SC)
Policy area: Immigration

Summary:
Terrorist Deportation Act of 2021
This bill establishes that aliens identified in the terrorist screening database, except for permanent residents, shall be deportable and inadmissible into the United States.
The Department of Homeland Security (DHS) may temporarily waive the inadmissibility of such an alien if it is in the national security interests of the United States. DHS shall grant such a waiver only with the unanimous concurrence of the Department of Justice, the Federal Bureau of Investigation, the Office of the Director of National Intelligence, and the Department of State.
An alien identified in the terrorist screening database shall be ineligible for various immigration benefits, including asylum, withholding or cancellation of removal, voluntary departure, or adjustment of status.
DHS shall determine on an expedited basis the removal of an alien identified in the terrorist screening database, if the alien has not received a waiver and does not have permanent residence status. The alien shall be entitled to various protections, including the privilege of representation by counsel and judicial review.

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 Representatives 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 TERRORIST SCREENING 
              DATABASE.

    Section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(B)(i)) is amended--
            (1) in subclause (VIII), by striking ``or'' at the end;
            (2) by redesignating subclause (IX) as subclause (X); and
            (3) by inserting after subclause (VIII) the following:
                                    ``(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 
                                residence (as defined in section 
                                101(a)(20)); or''.

SEC. 3. DEPORTABILITY OF ALIENS IDENTIFIED IN TERRORIST SCREENING 
              DATABASE.

    Section 237(a)(4)(B) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)(4)(B)) is amended by inserting 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)''.

SEC. 4. WAIVERS OF GROUND OF INADMISSIBILITY FOR ALIENS IDENTIFIED IN 
              TERRORIST SCREENING 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 subparagraph (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 individual case-by-
case basis, if the Secretary of Homeland Security determines in the 
Secretary's unreviewable discretion 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
            ``(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 Director of National Intelligence, and the Secretary 
of State.''.

SEC. 5. UNAVAILABILITY OF CERTAIN IMMIGRATION BENEFITS TO ALIENS 
              IDENTIFIED IN TERRORIST SCREENING DATABASE.

    (a) Asylum.--Section 208(b)(2)(A)(v) of the Immigration 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 preceding 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 section 212(a)(3)(B)(i)(IX), or'' 
after ``does not apply to an alien''.
    (c) Cancellation of Removal.--
            (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 
        paragraph (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 described 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 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 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:
    ``(c) Aliens Ineligible.--The Secretary of Homeland Security shall 
not permit an alien to depart voluntarily 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 section 
        237(a)(4)(B);''; and
            (2) in subsection (m)(1), in the matter preceding 
        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--
            (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 deportable 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 regulations 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 Nationality 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 section 
        101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(17))); and
            (2) shall ensure that the revised regulations operate so as 
        to allow for the reopening and readjudication of determinations 
        made under the regulations before the effective date of the 
        revision and apply to acts and conditions constituting grounds 
        of ineligibility for the protection of such regulations 
        (including ineligibility for withholding or deferral of 
        removal) as revised, regardless of when such acts or conditions 
        occurred.

SEC. 6. 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), respectively; and
            (3) by inserting after subsection (b) the following:
    ``(c) Removal of Aliens Who Are Not Permanent Residents and Who Are 
Inadmissible or Deportable 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 deportability of such alien 
                under section 237(a)(4)(B) as a consequence of 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 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 described 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 inadmissibility of 
                such alien under section 212(a)(3)(B) (other than 
                subparagraph (B)(i)(IX)) or the deportability of such 
                alien under section 237(a)(4)(B) (other than as a 
                consequence of 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 section 240.
            ``(2) Aliens described.--An alien is described 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 
                        permanent residence at the time at which 
                        proceedings under this subsection commenced; or
                            ``(ii) had permanent resident status on a 
                        conditional basis (as described in section 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 Security 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);
                    ``(B) the alien shall have the privilege of being 
                represented (at no expense to the government) by such 
                counsel, authorized to practice in such proceedings, as 
                the alien shall choose;
                    ``(C) the alien has a reasonable opportunity 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 review; 
                and
                    ``(F) the final order of removal is not adjudicated 
                by the same person who issues the charges.
            ``(4) Judicial review.--The Secretary of Homeland Security 
        may not execute any order described in paragraph (1) until 14 
        calendar days have passed from the date that such order was 
        issued, unless waived by the alien, in order that the alien has 
        an opportunity to apply for judicial review under section 242.
            ``(5) Ineligibility for discretionary relief from 
        removal.--No alien adjudicated inadmissible or deportable in a 
        proceeding under this subsection shall be eligible for any 
        relief from removal that the Secretary of Homeland Security may 
        grant in the Secretary's discretion.''.

SEC. 7. 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.
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