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A BILL

To amend the Immigration and Nationality Act to prevent serious human rights or humanitarian law violators from being eligible for admission and other forms of immigration relief 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 “Human Rights Abusers Act of 2000.”

 

Section 2.  Grounds of Inadmissibility for Human Rights Or Humanitarian Law Violators.

 

(a) Section 212(a) of the Immigration and Nationality Act of 1952, as amended, (the “INA”) (8 U.S.C. 1182(a)) is amended by adding the following new paragraph at the end—

 

“(11) Human Rights and Related Grounds.—

 

“(A) In General.—Any alien who a consular officer or immigration officer knows, or has reasonable grounds to believe, has committed, ordered, incited, assisted, or otherwise knowingly participated in or been responsible for any of the following acts, undertaken in whole or in significant part for a political, religious, or discriminatory purpose:

 

“(i) homicide,

 

“(ii) disappearance,

 

“(iii) genocide,

 

 (iv) rape,

 

“(v) torture,

 

“(vi) kidnapping,

 

“(vii) mutilation,

 

“(viii) prolonged, arbitrary detention,

 

“(ix) enslavement,

 

“(x) forced pregnancy,

 

“(xi) forced sterilization, or

 

                        “(xii) recruitment of persons under the age of 15 for use in armed conflict,

 

            “is inadmissible. 

 

“An alien shall be considered responsible for an act listed above if, while in a position of power or authority, he knew or should have known that such acts were being or were likely to be committed, and he failed to take all necessary and reasonable steps within his power or authority to prevent or stop such acts.  An act has been undertaken for discriminatory purpose if the act was undertaken because of the victim's political opinion, nationality, race, religion, gender, sexual orientation, or membership in a particular clan, tribe, caste or ethnic group.

 

“(B) Waiver.—The Attorney General may, in the Attorney General’s discretion, waive the application of subsection (A) in the case of an alien who is the parent, spouse, son or daughter of a United States citizen or lawful permanent resident and who was under eighteen years of age during all such participation in or responsibility for an act listed in subsection (A)(i)-(xii).

 

“(C) Secretary of State Determination.—Any alien whose presence in the United States the Secretary of State determines would be incompatible with United States policy regarding the promotion of international human rights or humanitarian law is inadmissible.”.

 

 

(b) Section 212(a)(3)(E) of the INA (8 U.S.C. 1182(a)(3)(E)) is amended by—

 

(1) striking “or genocide” from the title;

 

(2) striking clause (ii) of subparagraph (E);

 

(3) striking the heading for clause (i); and

 

(4) redesignating clauses (i)(I) through (i)(IV) as (i) through (iv), respectively.”.

 

 

Section 3.  Grounds of Removal for Human Rights Or Humanitarian Law Violators.

 

(a)    Section 237(a) of the INA (8 U.S.C. 1227(a)) is amended by adding the following new paragraph—

 

“(7) Human Rights and Related Grounds.—

 

 “(A) in general.—Any alien who has committed, ordered, incited, assisted, or otherwise knowingly participated in or been responsible for any of the following acts, undertaken in whole or in significant part for a political, religious, or discriminatory purpose:

 

      “(i) homicide,

 

      “(ii) disappearance,

 

“(iii) genocide,

 

“(iv) rape,

 

“(v) torture,

 

“(vi) kidnapping,

 

“(vii) mutilation,

 

“(viii) prolonged, arbitrary detention,

 

“(ix) enslavement,

 

“(x) forced pregnancy,

                                                                             

“(xi) forced sterilization, or

 

“(xii) recruitment of persons under the age of 15 for use in armed conflict,

                       

“is deportable.

 

“An alien shall be considered responsible for an act listed above if, while in a position of power or authority, he knew or should have known that such acts were being or were likely to be committed, and he failed to take all necessary and reasonable steps within his power or authority to prevent or stop such acts. An act was undertaken for a discriminatory purpose if the act was undertaken because of the victim's political opinion, nationality, race, religion, gender, sexual orientation, or membership in a particular clan, tribe, caste or ethnic group.

 

“(B) Waiver.—The Attorney General may, in the Attorney General’s discretion, waive the application of subsection (A) in the case of an alien who is the parent, spouse, son or daughter of a United States citizen or lawful permanent resident and who was under eighteen years of age during all such participation in or responsibility for an act listed in subsection (A)(i)-(xii).

 

“(C) Secretary of State Determination.—Any alien whose presence in the United States the Secretary of State determines is incompatible with United States policy regarding the promotion of international human rights or humanitarian law is deportable.”.

 

(b) Section 237(a)(4)(D) of the INA (8 U.S.C. 1227(a)(4)(D)) is amended to read as follows:

 

“(D) Assisted in Nazi persecution—Any alien described in section 212(a)(3)(E) is deportable.”.

 

Section 4.  Bar to Refugee Status for Human Rights Or Humanitarian Law Violators.

 

Section 207(c)(3) of the INA (8 U.S.C. 1157(c)(3)) is amended by striking “paragraph 2(C)” and inserting in lieu thereof “paragraph 2(C) or (11) unless the waiver in section 212(a)(11)(B) or 237(a)(7)(B) is granted.”.

 

Section 5.  Bar to Asylum for Human Rights Or Humanitarian Law Violators.

 

(a)    Section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A)) is amended by—

 

(1)   striking the "or" at the end of clause (v);

 

(2) striking the period at the end of clause (vi) and inserting

in lieu thereof "; or"; and

 

(3) adding the following new subparagraph at the end:

 

“(vii) the alien is, or at any time has been, within the class of persons described in section 212(a)(11)(A) or (C) or 237(a)(7)(A) or (C), unless the waiver in section 212(a)(11)(B) or 237(a)(7)(B) is granted.”

 

(b) Section 208(b)(3) of the INA (8 U.S.C. 1158(b)(3)) is amended by inserting “, provided the spouse or child does not fall within one of the exceptions in paragraph (b)(2)(A)(i)-(v) or (vii) of this subsection” before the period at the end of the paragraph.

 

(c) Section 208(c) of the INA (8 U.S.C. 1158(c)) is amended by redesignating paragraph (3) as paragraph (4), and by adding the following new paragraph (3):

 

 “(3) Special Rule.--Asylum granted to an alien described in subsection (b)(2)(A) of this section may be terminated by the Attorney General regardless of whether the application was filed before, on, or after the enactment of this paragraph.”.

 

 

Section 6.  Bar to Adjustment of Status of Refugees for Human Rights Or Humanitarian Law Violators.

 

Section 209(c) of the INA (8 U.S.C. 1159(c)) is amended by striking “paragraph 2(C)” and inserting in lieu thereof “paragraph 2(C) or (11) unless the waiver in section 212(a)(11)(B) or 237(a)(11)(B) is granted.”.

 

 

Section 7.  Bar to Withholding for Human Rights Or Humanitarian Law Violators.

 

Section 241(b)(3)(B) of the INA (8 U.S.C. 1231(b)(3)(B)) is amended by—

 

(1) striking the “or” at the end of clause (iii);

 

(2) striking the period at the end of clause (iv) and inserting “; or”; and

 

(3) adding the following new clause at the end:

 

“(v) the alien is, or at any time has been, within the class of persons described in section 212(a)(11)(A) or 237(a)(7)(A) unless the waiver in section 212(a)(11)(B) or 237(a)(7)(B) is granted.”.

 

Section 8.  Bar to Good Moral Character for Human Rights Or Humanitarian Law Violators.

 

Section 101(f) of the INA (8 U.S.C. 1101(f)) is amended by—

 

            (1)  striking the period and inserting a semicolon at the end of paragraph (f)(8); and

 

(2)  adding the following new paragraph (f)(9) at the end:

 

“(9) one who is, or who at any time has been, within the class of persons described in section 212(a)(11)(A) or (C) or 237(a)(7)(A) or (C) of this Act, unless the waiver in section 212(a)(11)(B) or 237(a)(7)(B) is granted.”.

 

Section 9.  Bar to Cancellation of Removal for Human Rights Or Humanitarian Law Violators.

 

Section 240A(a) of the INA (8 U.S.C. 1229b(a)) is amended by—

 

(1) striking “and” in paragraph (2);

 

(2) striking the period at the end of paragraph (3) and inserting in lieu thereof “, and”; and

 

(3) adding the following new paragraph (4) at the end:

 

“(4) is not one who is, or who at any time has been, within the class of persons described in section 212(a)(11)(A) or (C) or 237(a)(7)(A) or (C), unless the waiver in section 212(a)(11)(B) or 237(a)(7)(B) is granted.”.

 

Section 10.  Bar to Special Agricultural Workers for Human Rights Or Humanitarian Law Violators.

 

Section 210(c)(2)(B)(ii) of the INA (8 U.S.C. 1160(c)(2)(B)) is amended by adding the following subclause (V) at the end:

 

“(V) Paragraph (11) (relating to human rights and humanitarian law violators), unless the waiver in section 212(a)(11)(B) or 237(a)(7)(B) is granted.”

 

Section 11.  Bar to Adjustment of Certain Entrants Before January 1, 1982, to that of Person Admitted for Lawful Residence for Human Rights Or Humanitarian Law Violators.

 

Section 245A(d)(2)(B)(ii) of the INA (8 U.S.C. 1255a(d)(2)(B)(ii)) is amended by inserting the following new subclause (V) after subclause (IV):

 

“(V) Paragraph (11) (relating to human rights and humanitarian law violators), unless the waiver in section 212(a)(11)(B) or 237(a)(7)(B) is granted.”.

 

Section 12.  Bar to Adjustment of Status With Respect to Certain Special Immigrants.

 

Section 245(h)(2)(B) of the INA (8 U.S.C. 1255(h)(2)(B)) is amended by striking "and (3)(E)" and inserting "(3)(E), and (11) unless the waiver in section 212(a)(11)(B) or 237(a)(7)(B) is granted.”.

 

Section 13.  Criminal Penalties for Reentry by Human Rights Or Humanitarian Law violators.

 

Section 276(b) of the INA (8 U.S.C. 1326(b)) is amended by—

 

(1) striking “or” at the end of paragraph (b)(3) and inserting a “;”;

 

(2) striking the period at the end of paragraph (b)(4) and inserting in lieu thereof “; or”; and

 

(3) adding the following new paragraph (5):

 

“(5) who has been excluded from the United States pursuant to section 212(a)(11) or has been removed from the United States pursuant to section 237(a)(7) who thereafter, without the permission of the Attorney General, enters, attempts to enter, or is at any time found in, the United States shall be fined under title 18, United States Code, and imprisoned not more than ten years, or both.”. 

 

Section 14.  Aiding or Assisting Certain Aliens To Enter The United States.

 

Section 277 of the INA is amended by striking "or 212(a)(3) (other than subparagraph (E) thereof)" and inserting ", 212(a)(3) (other than subparagraph (E) thereof), or 212(a)(11)".

 

Section 15. Definitions.

 

Section 101 of the INA (8 U.S.C. 1101)) is amended by adding the following new subsection—

 

"(i) As used in sections 212(a)(11)(A) and 237(a)(7)(A)—

 

"(1) The term ‘homicide’ means the unlawful and intentional killing, extrajudicially or otherwise, of a person.  A homicide is unlawful if it is unlawful under the laws of the place where it is committed or if it would have been unlawful under the laws of the United States or any State, had it been committed in the United States.

         

"(2) The term ‘disappearance’ means the arrest, detention, or abduction of a person carried out on behalf of, or with the authorization, support, or acquiescence of, a government or political organization that has failed to disclose the fate or whereabouts of the missing person.

                       

"(3) The term ‘genocide’ means conduct that is genocide as defined in section 1091(a) of title 18, United States Code, or that would be genocide as defined in that section if the conduct were committed in the United States or by a United States national.

 

"(4) The term ‘rape’ means invading the body of a person by conduct resulting in penetration of any part of the body of the victim or perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or other part of the body, by force, or by threat of force or coercion (such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment), or when the person invaded was incapable of giving genuine consent.

 

"(5) The term “torture” has the meaning in the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, subject to any reservations, understandings, or declarations adopted by the Senate upon ratification of the Convention.

 

“(6) The term ‘kidnapping’ means the unlawful seizure, confinement, decoy, abduction, or carrying away and holding for ransom or reward or otherwise of a person.  A kidnapping is unlawful if it is unlawful under the laws of the place where it is committed or if it would have been unlawful under the laws of the United States or any State had it been committed in the United States.

 

"(7) The term ‘mutilation’ means any nonconsensual act (other than one pursuant to lawful judicial sanctions) resulting in the permanent disfiguring or the permanent disabling of a person or removing of an organ or appendage from a person, where such action causes death or seriously endangers the physical or mental health of that person and is not justified by his or her medical condition.

 

"(8) The term ‘prolonged, arbitrary detention’ means the protracted and arbitrary deprivation of physical liberty.

 

"(9) The term ‘enslavement’ means the exercise of any and all powers attaching to a claimed right of ownership over a person, such as purchasing, selling, lending or bartering a person, or imposing on a person a similar deprivation of liberty.  The term does not include lawful confinement pursuant to due process of law.

 

"(10) The term ‘forced pregnancy’ means the confinement of a woman who has been forcibly made pregnant, with the intention to force her to give birth in order to affect the ethnic or racial composition of the population.

 

"(11) The term ‘forced sterilization’ means the nonconsensual deprivation of biological reproductive capacity that is not justified by the person’s medical condition.

 

"(12) The term ‘recruitment of persons under the age of 15 for use in armed conflict’ includes the use of such persons in armed conflict.".

                       

Section 16. Effective Date.

 

The provisions of this Act shall be effective on the date of enactment, and shall apply without exception to all decisions and actions taken on or after the date of enactment, regardless of whether the conduct occurred before, on, or after the date of enactment.

 

 

 

 

 


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