Declares that the Kurdistan Democratic Party and the Patriotic Union of Kurdistan shall not be considered terrorist organizations under the Immigration and Nationality Act. Authorizes the Secretary of State, however, to suspend this declaration for either or both groups.
Makes terrorist activity-related inadmissibility criteria inapplicable to an alien's activities undertaken in association with the Kurdistan Democratic Party or the Patriotic Union of Kurdistan if the alien is applying for a nonimmigrant visa, presents himself or herself for inspection at a port of entry as a nonimmigrant, or is applying in the United States for nonimmigrant status unless a consular officer or the Secretary of Homeland Security (DHS): (1) knows or has reasonable grounds to believe that the alien poses a threat to U.S. security; or (2) believes that the alien does not warrant a visa, U.S. admission, or a grant of nonimmigrant status. Authorizes the Secretary of State, however, to suspend the application of such relief.
Prohibits judicial review of any determination made pursuant to this Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4474 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4474
To remove the Kurdistan Democratic Party and the Patriotic Union of
Kurdistan from treatment as terrorist organizations and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2014
Ms. Granger (for herself, Mr. Deutch, and Mr. McCaul) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To remove the Kurdistan Democratic Party and the Patriotic Union of
Kurdistan from treatment as terrorist organizations 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. TREATMENT OF THE KURDISTAN DEMOCRATIC PARTY AND THE
PATRIOTIC UNION OF KURDISTAN UNDER THE IMMIGRATION AND
NATIONALITY ACT.
(a) Removal of the Kurdistan Democratic Party and the Patriotic
Union of Kurdistan From Treatment as Terrorist Organizations.--
(1) In general.--Except as provided in paragraph (2), the
Kurdistan Democratic Party and the Patriotic Union of Kurdistan
shall not be considered to be terrorist organizations (as
defined in section 212(a)(3)(B)(vi)(III) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(III))) for purposes
of such section 212(a)(3)(B).
(2) Exception.--The Secretary of State, after consultation
with the Secretary of Homeland Security and the Attorney
General, or the Secretary of Homeland Security, after
consultation with the Secretary of State and the Attorney
General, may suspend the application of paragraph (1) for
either or both of the groups referred to in paragraph (1) in
such Secretary's sole and unreviewable discretion.
(b) Relief Regarding Admissibility of Nonimmigrant Aliens
Associated With the Kurdistan Democratic Party and the Patriotic Union
of Kurdistan.--
(1) In general.--Subject to paragraph (2), section
212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)) shall not apply to an alien, with respect to the
alien's activities undertaken in association with the Kurdistan
Democratic Party or the Patriotic Union of Kurdistan, if the
alien is applying for a nonimmigrant visa or presents himself
or herself for inspection to an immigration officer at a port
of entry as a nonimmigrant or is applying in the United States
for nonimmigrant status, unless a consular officer or the
Secretary of Homeland Security--
(A) knows, or has reasonable grounds to believe,
that the alien poses a threat to the safety and
security of the United States; or
(B) otherwise believes, in his or her discretion,
that the alien does not warrant a visa, admission to
the United States, or a grant of nonimmigrant status in
the totality of the circumstances.
(2) Exception.--The Secretary of State, after consultation
with the Secretary of Homeland Security and the Attorney
General, or the Secretary of Homeland Security, after
consultation with the Secretary of State and the Attorney
General, may suspend the application of paragraph (1) in such
Secretary's sole and unreviewable discretion.
(3) Consultation requirement.--The Secretary of State and
the Secretary of Homeland Security shall implement this
subsection in consultation with the Attorney General.
(4) Construction.--Nothing in this subsection may be
construed to alter an alien's burden of demonstrating
admissibility under the immigration laws of the United States.
SEC. 2. PROHIBITION ON JUDICIAL REVIEW.
Notwithstanding any other provision of law (whether statutory or
nonstatutory), section 242 of the Immigration and Nationality Act (8
U.S.C. 1252), sections 1361 and 1651 of title 28, United States Code,
section 2241 of such title, and any other habeas corpus provision of
law, no court shall have jurisdiction to review any determination made
pursuant to this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Border Security.
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