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 HR 5285 IH

106th CONGRESS

2d Session

H. R. 5285

To amend the Immigration and Nationality Act to prevent human rights abusers from being eligible for admission into the United States and other forms of immigration relief, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

September 25, 2000

Mr. SMITH of Texas (for himself and Mr. FOLEY) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend the Immigration and Nationality Act to prevent human rights abusers from being eligible for admission into the United States 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 `Serious Human Rights Abusers Accountability Act of 2000'.

SEC. 2. SERIOUS HUMAN RIGHTS ABUSER DEFINED.

(a) DEFINITION- Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:

`(50)(A) The term `serious human rights abuser' means any alien who--

`(i) ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion;

`(ii) while serving as a foreign government official, was responsible for, or directly carried out, particularly severe violations of religious freedom (as defined in section 3 of the International Religious Freedom Act of 1998 (22 U.S.C. 6402));

`(iii) during an armed conflict, ordered, incited, assisted, or otherwise participated in a war crime (as defined in section 2441(c) of title 18, United States Code);

`(iv) ordered, incited, assisted, otherwise participated in, attempted to commit, or conspired to commit conduct that would constitute genocide (as defined in section 1091(a) of title 18, United States Code), if the conduct were committed in the United States or by a United States national;

`(v) ordered, incited, assisted, or otherwise participated in any act of torture (as defined in 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, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention); or

`(vi) ordered, incited, assisted, or otherwise participated in a crime against humanity (including the commission of murder, extermination, enslavement, deportation, imprisonment, torture, rape, sexual slavery, forced prostitution, forced pregnancy, forced abortion, forced sterilization, or acts of a similar character), when committed as part of a widespread or systematic attack, whether international or internal in character, and directed against any civilian population, with actual or constructive knowledge of the attack.

`(B) Subparagraph (A) shall not apply to an alien who demonstrates that--

`(i) the conduct was committed under extreme duress; and

`(ii) the harm reasonably feared by the alien substantially exceeded the harm attributable to the alien's conduct.

SEC. 3. SERIOUS HUMAN RIGHTS ABUSERS INADMISSIBLE AND DEPORTABLE.

(a) INADMISSIBILITY OF SERIOUS HUMAN RIGHTS ABUSERS-

(1) IN GENERAL- 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) SERIOUS HUMAN RIGHTS ABUSERS- Any serious human rights abuser is inadmissible.'.

(2) CONFORMING AMENDMENT- Section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended to read as follows:

`(E) PARTICIPANTS IN NAZI PERSECUTIONS- Any alien who, during the period beginning on March 23, 1933, and ending on May 8, 1945, under the direction of, or in association with--

`(i) the Nazi government of Germany,

`(ii) any government in any area occupied 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 participated in the persecution of any person because of race, religion, national origin, or political opinion is inadmissible.'.

(b) DEPORTABLE ALIENS TO INCLUDE SERIOUS HUMAN RIGHTS ABUSERS-

(1) IN GENERAL- Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended by adding at the end the following:

`(7) SERIOUS HUMAN RIGHTS ABUSERS- Any serious human rights abuser is deportable.'.

(2) CONFORMING AMENDMENT- Section 237(a)(4)(D) of the Immigration and Nationality Act (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.'.

SEC. 4. BARS TO REFUGEE STATUS AND ASYLUM FOR SERIOUS HUMAN RIGHTS ABUSERS.

(a) REFUGEE DEFINED- Section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) is amended by striking the second sentence and inserting the following:

`The term `refugee' does not include any person who is a serious human rights abuser.'.

(b) NO WAIVER OF GROUND OF INADMISSIBILITY FOR REFUGE SEEKERS- Section 207(c)(3) of the Immigration and Nationality Act (8 U.S.C. 1157(c)(3)) is amended by inserting `or (2)(G)' after `(2)(C)'.

(c) EXCEPTIONS TO GRANTING ASYLUM- Section 208(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(i)) is amended to read as follows:

`(i) the alien is a serious human rights abuser;'.

(d) EXTENSION TO SPOUSES AND CHILDREN OF EXCEPTIONS TO GRANTING ASYLUM- Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(3)) is amended by striking `such alien.' and inserting `such alien, unless the Attorney General determines that one of the exceptions in clauses (i) through (v) of paragraph (2)(A) applies to the spouse or child.'.

SEC. 5. BAR TO ADJUSTMENT OF STATUS OF REFUGEES FOR SERIOUS HUMAN RIGHTS ABUSERS.

Section 209(c) of the Immigration and Nationality Act (8 U.S.C. 1159(c)) is amended by inserting `or (2)(G)' after `(2)(C)'.

SEC. 6. EXCEPTION TO RESTRICTION ON REMOVAL FOR SERIOUS HUMAN RIGHTS ABUSERS AND TERRORISTS.

Section 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended--

(1) in the matter preceding clause (i), by striking `section 237(a)(4)(D)' and inserting `subparagraph (B) or (D) of section 237(a)(4)'; and

(2) by amending clause (i) to read as follows:

`(i) the alien is a serious human rights abuser;'.

SEC. 7. BAR TO FINDING OF GOOD MORAL CHARACTER FOR SERIOUS HUMAN RIGHTS ABUSERS.

Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended by inserting after paragraph (1) the following:

`(2) a serious human rights abuser;'.

SEC. 8. BAR TO CANCELLATION OF REMOVAL FOR SERIOUS HUMAN RIGHTS ABUSERS.

Section 240A(c)(4) of the Immigration and Nationality Act (8 U.S.C. 2339b(c)(4)) is amended--

(1) by striking `section 212(a)(3)' and inserting `paragraph (2)(G) or (3) of section 212(a)'; and

(2) by striking `section 237(a)(4).' and inserting `paragraph (4) or (7) of section 237(a).'.

SEC. 9. BAR TO ADJUSTMENT OF STATUS WITH RESPECT TO CERTAIN SPECIAL IMMIGRANTS.

Section 245(h)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1255(h)(2)(B)) is amended by inserting `(2)(G),' before `(3)(A)'.

SEC. 10. CRIMINAL PENALTIES FOR REENTRY FOR REMOVED SERIOUS HUMAN RIGHTS ABUSERS.

Section 276(b) of the Immigration and Nationality Act (8 U.S.C. 1326(b)) is amended--

(1) in paragraph (3), by striking `sentence. or' and inserting `sentence;';

(2) in paragraph (4), by striking the period at the end and inserting `; or'; and

(3) by inserting after paragraph (4) the following:

`(5) who was removed from the United States pursuant to section 212(a)(2)(G) or 237(a)(7), and 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, imprisoned not more than 10 years, or both.'.

SEC. 11. AIDING OR ASSISTING SERIOUS HUMAN RIGHTS ABUSERS TO ENTER THE UNITED STATES.

Section 277 of the Immigration and Nationality Act (8 U.S.C. 1327) is amended by striking `felony)' and inserting `felony or is a serious human rights abuser)'.

SEC. 12. REVISION OF REGULATIONS WITH RESPECT TO THE INVOLUNTARY RETURN OF PERSONS IN DANGER OF SUBJECTION TO TORTURE.

(a) REGULATIONS- Not later than 120 days after the date of the enactment of this Act, the Attorney General shall revise the regulations prescribed by the Attorney General to implement the Convention. Such revision shall render ineligible for withholding or deferral of removal under the Convention aliens to whom the relief described in subparagraph (A) of section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) does not apply by reason of subparagraph (B) of such section (as amended by section 6 of this Act). Such revision shall also ensure that the burden of proof is on the applicant for withholding or deferral of removal under the Convention to establish by clear and convincing evidence that he or she would be tortured if removed to the proposed country of removal.

(b) JUDICIAL REVIEW- Notwithstanding any other provision of law, no court shall have jurisdiction to review the regulations adopted to implement this section, and nothing in this section shall be construed as providing any court jurisdiction to consider or review claims raised under the Convention or this section, except as part of the review of a final order of removal pursuant to section 242 of the Immigration and Nationality Act (8 U.S.C. 1252).

(c) AUTHORITY TO DETAIN- Nothing in this section shall be construed as limiting the authority of the Attorney General to detain any person under any provision of law, including, but not limited to, any provision of the Immigration and Nationality Act.

(d) CONVENTION DEFINED- In this section, the term `Convention' means 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.

END

 


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