Redefines "genocide" for such purposes to cover an alien who has ordered, incited, assisted, or otherwise participated in conduct outside the United States that would, if committed in the United States or by a U.S. national, be genocide (as defined in title 18, United States Code).
Redefines "severe violations of religious freedom" with respect to the inadmissibility and removability of a foreign government official to cover an alien who, while serving as a foreign government official, was responsible for or directly carried out at any time severe violations of religious freedom (as defined in the International Religious Freedom Act of 1998). Eliminates the bar to the admission of such person's spouse or children.
Prohibits the waiver of inadmissibility and temporary admission of such aliens.
Prohibits an alien who has engaged in Nazi persecution, genocide, acts of torture, extrajudicial killings, or severe violations of religious freedom from establishing good moral character under such Act.
Directs the Attorney General to: (1) establish within the Criminal Division of the Department of Justice an Office of Special Investigations to investigate and denaturalize an alien who has participated in Nazi persecution, genocide, torture, or extrajudicial killing abroad; and (2) consult with the Secretary of Homeland Security regarding actions to prosecute or extradite such aliens.
States that in determining the proper legal action against such an alien, consideration shall be given to the availability of U.S. prosecution or removal to a foreign jurisdiction for prosecution.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1440 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1440
To amend the Immigration and Nationality Act to provide that aliens who
commit acts of torture, extrajudicial killings, or other specified
atrocities abroad are inadmissible and removable and to establish
within the Criminal Division of the Department of Justice an Office of
Special Investigations having responsibilities under that Act with
respect to all alien participants in war crimes, genocide, and the
commission of acts of torture and extrajudicial killings abroad.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 26, 2003
Mr. Foley (for himself, Mr. Ackerman, Mr. Garrett of New Jersey, Mr.
McNulty, Mr. Frost, Ms. Ros-Lehtinen, Mr. McGovern, Mr. Berman, and Mr.
Bartlett of Maryland) introduced the following bill; which was referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide that aliens who
commit acts of torture, extrajudicial killings, or other specified
atrocities abroad are inadmissible and removable and to establish
within the Criminal Division of the Department of Justice an Office of
Special Investigations having responsibilities under that Act with
respect to all alien participants in war crimes, genocide, and the
commission of acts of torture and extrajudicial killings abroad.
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 ``Anti-Atrocity Alien Deportation Act
of 2003''.
SEC. 2. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO HAVE COMMITTED
ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS ABROAD.
(a) Inadmissibility.--Section 212(a)(3)(E) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended--
(1) in clause (ii), by striking ``has engaged in conduct
that is defined as genocide for purposes of the International
Convention on the Prevention and Punishment of Genocide is
inadmissible'' and inserting ``ordered, incited, assisted, or
otherwise participated in conduct outside the United States
that would, if committed in the United States or by a United
States national, be genocide, as defined in section 1091(a) of
title 18, United States Code, is inadmissible'';
(2) by adding at the end the following:
``(iii) Commission of acts of torture or
extrajudicial killings.--Any alien who, outside
the United States, has committed, ordered,
incited, assisted, or otherwise participated in
the commission of--
``(I) any act of torture, as
defined in section 2340 of title 18,
United States Code; or
``(II) under color of law of any
foreign nation, any extrajudicial
killing, as defined in section 3(a) of
the Torture Victim Protection Act of
1991 (28 U.S.C. 1350 note);
is inadmissible.''; and
(3) in the subparagraph heading, by striking ``Participants
in nazi persecution or genocide'' and inserting ``Participants
in nazi persecution, genocide, or the commission of any act of
torture or extrajudicial killing''.
(b) Deportability.--Section 237(a)(4)(D) of such Act (8 U.S.C.
1227(a)(4)(D)) is amended--
(1) by striking ``clause (i) or (ii)'' and inserting
``clause (i), (ii), or (iii)''; and
(2) in the subparagraph heading, by striking ``Assisted in
nazi persecution or engaged in genocide'' and inserting
``Participated in nazi persecution, genocide, or the commission
of any act of torture or extrajudicial killing''.
(c) Effective Date.--The amendments made by this section shall
apply to offenses committed before, on, or after the date of the
enactment of this Act.
SEC. 3. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN GOVERNMENT
OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE
VIOLATIONS OF RELIGIOUS FREEDOM.
(a) Ground of Inadmissibility.--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) Foreign government officials who have
committed particularly severe violations of religious
freedom.--Any alien who, while serving as a foreign
government official, was responsible for or directly
carried out, at any time, particularly severe
violations of religious freedom, as defined in section
3 of the International Religious Freedom Act of 1998
(22 U.S.C. 6402), is inadmissible.''.
(b) Ground of Deportability.--Section 237(a)(4) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the
end the following:
``(E) Participated in the commission of severe
violations of religious freedom.--Any alien described
in section 212(a)(2)(G) is deportable.''.
SEC. 4. WAIVER OF INADMISSIBILITY.
Section 212(d)(3) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(3)) is amended--
(1) in subparagraph (A), by striking ``and 3(E)'' and
inserting ``and clauses (i) and (ii) of paragraph (3)(E)''; and
(2) in subparagraph (B), by striking ``and 3(E)'' and
inserting ``and clauses (i) and (ii) of paragraph (3)(E)''.
SEC. 5. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE COMMITTED ACTS
OF TORTURE, EXTRAJUDICIAL KILLINGS, OR SEVERE VIOLATIONS
OF RELIGIOUS FREEDOM.
Section 101(f) of the Immigration and Nationality Act (8 U.S.C.
1101(f)) is amended--
(1) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(2) by adding at the end the following:
``(9) one who at any time has engaged in conduct described
in section 212(a)(3)(E) (relating to assistance in Nazi
persecution, participation in genocide, or commission of acts
of torture or extrajudicial killings) or 212(a)(2)(G) (relating
to severe violations of religious freedom).''.
SEC. 6. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGATIONS.
(a) Amendment of the Immigration and Nationality Act.--Section 103
of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by
adding at the end the following:
``(h)(1) The Attorney General shall establish within the Criminal
Division of the Department of Justice an Office of Special
Investigations with the authority to detect and investigate, and, where
appropriate, to take legal action to denaturalize any alien described
in section 212(a)(3)(E).
``(2) The Attorney General shall consult with the Secretary of the
Department of Homeland Security in making determinations concerning the
criminal prosecution or extradition of aliens described in section
212(a)(3)(E).
``(3) In determining the appropriate legal action to take against
an alien described in section 212(a)(3)(E), consideration shall be
given to--
``(A) the availability of criminal prosecution under the
laws of the United States for any conduct that may form the
basis for removal and denaturalization; or
``(B) the availability of extradition of the alien to a
foreign jurisdiction that is prepared to undertake a
prosecution for such conduct.''.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Department of Justice such sums as may be necessary to
carry out the additional duties established under section
103(h) of the Immigration and Nationality Act (as added by this
Act) in order to ensure that the Office of Special
Investigations fulfills its continuing obligations regarding
Nazi war criminals.
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.
SEC. 7. REPORT ON IMPLEMENTATION OF THE ACT.
Not later than 180 days after the date of enactment of this Act,
the Attorney General, in consultation with the Secretary of Homeland
Security, shall submit to the Committees on the Judiciary of the Senate
and the House of Representatives a report on implementation of this Act
that includes a description of--
(1) the procedures used to refer matters to the Office of
Special Investigations and other components within the
Department of Justice and the Department of Homeland Security
in a manner consistent with the amendments made by this Act;
(2) the revisions, if any, made to immigration forms to
reflect changes in the Immigration and Nationality Act made by
the amendments contained in this Act; and
(3) the procedures developed, with adequate due process
protection, to obtain sufficient evidence to determine whether
an alien may be inadmissible under the terms of the amendments
made by this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line