REVISION OF GROUNDS FOR EXCLUSION.

SEC. 601. REVISION OF GROUNDS FOR EXCLUSION. (a) Revised Grounds for Exclusion.— Subsection (a) of section 212 (8 U.S.C. 1182) is amended to read as follows: “(a) Classes of Excludable Aliens.— Except as otherwise provided in this Act, the following describes classes of excludable aliens who are ineligible to receive visas and who shall be excluded from admission into the United States: “(1) Health-related grounds.— “(A) In general.— Any alien— “(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance, “(ii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)— “(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or “(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, “(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is excludable. “(B) Waiver authorized.— For provision authorizing waiver of certain clauses of subparagraph (A), see subsection (g). “(2) Criminal and related grounds.— “(A) Conviction of certain crimes.— “(i) In general.— Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of— “(I) a crime involving moral turpitude (other than a purely political offense), or “(II) a violation of (or a conspiracy to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), 104 STAT. 5068 is excludable. “(ii) Exception.— Clause (i)(I) shall not apply to an alien who committed only one crime if— “(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or “(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed). “(B) Multiple criminal convictions.— Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement actually imposed were 5 years or more is excludable. “(C) Controlled substance traffickers.— Any alien who the consular or immigration officer knows or has reason to believe is or has been an illicit trafficker in any such controlled substance or is or has been a knowing assister, abettor, conspirator, or colluder with others in the illicit trafficking in any such controlled substance, is excludable. “(D) Prostitution and commercialized vice.— Any alien who— “(i) is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, entry, or adjustment of status, “(ii) directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, entry, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution, or “(iii) is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution, is excludable. “(E) Certain aliens involved in serious criminal activity who have asserted immunity from prosecution.— Any alien— 104 STAT. 5069 “(i) who has committed in the United States at any time a serious criminal offense (as defined in section 101(h)), “(ii) for whom immunity from criminal jurisdiction was exercised with respect to that offense, “(iii) who as a consequence of the offense and exercise of immunity has departed from the United States, and “(iv) who has not subsequently submitted fully to the jurisdiction of the court in the United States having jurisdiction with respect to that offense, is excludable. “(F) Waiver authorized.— For provision authorizing waiver of certain subparagraphs of this paragraph, see subsection (h). “(3) Security and related grounds.— “(A) In general.— Any alien who a consular officer or the Attorney General knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in— “(i) any activity to violate any law of the United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information, “(ii) any other unlawful activity, or “(iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means, is excludable. “(B) Terrorist activities.— “(i) In general.— Any alien who— “(I) has engaged in a terrorist activity, or “(II) a consular officer or the Attorney General knows, or has reasonable ground to believe, is likely to engage after entry in any terrorist activity (as defined in clause (iii)), is excludable. An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this Act, to be engaged in a terrorist activity. “(ii) Terrorist activity defined.— As used in this Act, the term ‘terrorist activity’ means any activity which is unlawful under the laws of the place where it is committed (or which, if committed in the United States, would be unlawful under the laws of the United States or any State) and which involves any of the following: “(I) The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle). “(II) The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained. 104 STAT. 5070 “(III) A violent attack upon an internationally protected person (as defined in section 1116(b)(4) of title 18, United States Code) or upon the liberty of such a person. “(IV) An assassination. “(V) The use of any— “(a) biological agent, chemical agent, or nuclear weapon or device, or “(b) explosive or firearm (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property. “(VI) A threat, attempt, or conspiracy to do any of the foregoing. “(iii) Engage in terrorist activity defined.— As used in this Act, the term ‘engage in terrorist activity’ means to commit, in an individual capacity or as a member of an organization, an act of terrorist activity or an act which the actor knows, or reasonably should know, affords material support to any individual, organization, or government in conducting a terrorist activity at any time, including any of the following acts: “(I) The preparation or planning of a terrorist activity. “(II) The gathering of information on potential targets for terrorist activity. “(III) The providing of any type of material support, including a safe house, transportation, communications, funds, false identification, weapons, explosives, or training, to any individual the actor knows or has reason to believe has committed or plans to commit an act of terrorist activity. “(IV) The soliciting of funds or other things of value for terrorist activity or for any terrorist organization. ‘(V) The solicitation of any individual for membership in a terrorist organization, terrorist government, or to engage in a terrorist activity. “(C) Foreign policy.— “(i) In general.— An alien whose entry or proposed activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is excludable. “(ii) Exception for officials.— An alien who is an official of a foreign government or a purported government, or who is a candidate for election to a foreign government office during the period immediately preceding the election for that office, shall not be excludable or subject to restrictions or conditions on entry into the United States under clause (i) solely because of the alien’s past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States. 104 STAT. 5071 “(iii) Exception for other aliens.— An alien, not described in clause (ii), shall not be excludable or subject to restrictions or conditions on entry into the United States under clause (i) because of the alien’s past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States, unless the Secretary of State personally determines that the alien’s admission would compromise a compelling United States foreign policy interest. “(iv) Notification of determinations.— If a determination is made under clause (iii) with respect to an alien, the Secretary of State must notify on a timely basis the chairmen of the Committees on the Judiciary and Foreign Affairs of the House of Representatives and of the Committees on the Judiciary and Foreign Relations of the Senate of the identities of the alien and the reasons for the determination. “(D) Immigrant membership in totalitarian party.— “(i) In general.— Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign, is excludable. “(ii) Exception for involuntary membership.— Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that the membership or affiliation is or was involuntary, or is or was solely when under 16 years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and whether necessary for such purposes. “(iii) Exception for past membership.— Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that— “(I) the membership or affiliation terminated at least— “(a) 2 years before the date of such application, or “(b) 5 years before the date of such application, in the case of an alien whose membership or affiliation was with the party controlling the government of a foreign state that is a totalitarian dictatorship as of such date, and “(II) the alien is not a threat to the security of the United States. “(iv) Exception for close family members.— The Attorney General may, in the Attorney General’s discretion, waive the application of clause (i) in the case of an immigrant who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States or a spouse, son, or daughter of an alien lawfully admitted104 STAT. 5072 for permanent residence for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest if the alien is not a threat to the security of the United States. “(E) Participants in nazi persecutions or genocide.— “(i) Participation 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 excludable. “(ii) Participation in genocide.— Any alien who has engaged in conduct that is defined as genocide for purposes of the International Convention on the Prevention and Punishment of Genocide is excludable. “(4) Public charge.— Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is excludable. “(5) Labor certification and qualifications for certain immigrants.— “(A) Labor certification.— “(i) In general.— Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is excludable, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that— “(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and “(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed. “(ii) Certain aliens subject to special rule.— For purposes of clause (i)(I), an alien described in this clause is an alien who— “(I) is a member of the teaching profession, or “(II) has exceptional ability in the sciences or the arts. “(B) Unqualified physicians.— An alien who is a graduate of a medical school not accredited by a body or bodies approved for the purpose by the Secretary of Education104 STAT. 5073 (regardless of whether such school of medicine is in the United States) and who is coming to the United States principally to perform services as a member of the medical profession is excludable, unless the alien (i) has passed parts I and II of the National Board of Medical Examiners Examination (or an equivalent examination as determined by the Secretary of Health and Human Services) and (ii) is competent in oral and written English. For purposes of the previous sentence, an alien who is a graduate of a medical school shall be considered to have passed parts I and II of the National Board of Medical Examiners if the alien was fully and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date. “(C) Application of grounds.— The grounds for exclusion of aliens under subparagraphs (A) and (B) shall apply to preference immigrant aliens described in paragraph (3) or (6) of section 203(a) and to nonpreference immigrant aliens described in section 203(a)(7). “(6) Illegal entrants and immigration violators.— “(A) Aliens previously deported.— Any alien who has been excluded from admission and deported and who again seeks admission within one year of the date of such deportation is excludable, unless prior to the alien’s reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory the Attorney General has consented to the alien’s reapplying for admission. “(B) Certain aliens previously removed.— Any alien who— “(i) has been arrested and deported, “(ii) has fallen into distress and has been removed pursuant to this or any prior Act, “(iii) has been removed as an alien enemy, or “(iv) has been removed at Government expense in lieu of deportation pursuant to section 242(b), and who seeks admission within 5 years of the date of such deportation or removal (or within 20 years in the case of an alien convicted of an aggravated felony) is excludable, unless before the date of the alien’s embarkation or reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory the Attorney General has consented to the alien’s applying or reapplying for admission. “(C) Misrepresentation.— “(i) In general.— Any alien who, by fraud or will-fully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or entry into the United States or other benefit provided under this Act is excludable. “(ii) Waiver authorized.— For provision authorizing waiver of clause (i), see subsection (i). “(D) Stowaways.— Any alien who is a stowaway is excludable. “(E) Smugglers.— “(i) In general.—Any alien who at any time knowingly has encouraged, induced, assisted, abetted, or104 STAT. 5074 aided any other alien to enter or to try to enter the United States in violation of law is excludable. “(ii) Waiver authorized.—For provision authorizing waiver of clause (i), see subsection (d)(11). “(F) Subject of civil penalty.— An alien who is the subject of a final order for violation of section 274C is excludable. “(7) Documentation requirements.— “(A) Immigrants.— “(i) In general.— Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission— “(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a), or “(II) whose visa has been issued without compliance with the provisions of section 203, is excludable. “(ii) Waiver authorized.— For provision authorizing waiver of clause (i), see subsection (k). “(B) Nonimmigrants.— “(i) In general.— Any nonimmigrant who— “(I) is not in possession of a passport valid for a minimum of six months from the date of the expiration of the initial period of the alien’s admission or contemplated initial period of stay authorizing the alien to return to the country from which the alien came or to proceed to and enter some other country during such period, or “(II) is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application for admission, is excludable. “(ii) General waiver authorized.— For provision authorizing waiver of clause (i), see subsection (d)(4). “(iii) Guam visa waiver.— For provision authorizing waiver of clause (i) in the case of visitors to Guam, see subsection (1). “(iv) Visa waiver pilot program.— For authority to waive the requirement of clause (i) under a pilot program, see section 217. “(8) Ineligible for citizenship.— “(A) In general.— Any immigrant who is permanently ineligible to citizenship is excludable. “(B) Draft evaders.— Any alien who has departed from or who has remained outside the United States to avoid or evade training or service in the armed forces in time of war or a period declared by the President to be a national emergency is excludable, except that this subparagraph shall not apply to an alien who at the time of such departure was a nonimmigrant and who is seeking to reenter the United States as a nonimmigrant. 104 STAT. 5075 “(9) Miscellaneous.— “(A) Practicing polygamists.— Any immigrant who is coming to the United States to practice polygamy is excludable. “(B) Guardian required to accompany excluded alien.— Any alien accompanying another alien ordered to be excluded and deported and certified to be helpless from sickness or mental or physical disability or infancy pursuant to section 237(e), whose protection or guardianship is required by the alien ordered excluded and deported, is excludable. “(C) International child abduction.— “(i) In general.— Except as provided in clause (ii), any alien who, after entry of a court order granting custody to a citizen of the United States of a child having a lawful claim to United States citizenship, detains, retains, or withholds custody of the child outside the United States from the United States citizen granted custody, is excludable until the child is surrendered to such United States citizen. “(ii) Exception.— Clause (i) shall not apply to an alien who is a national of a foreign state that is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction.”. (b) Notice of Grounds for Exclusion.— Such section is amended by striking subsection (b) and inserting the following new subsection: “(b) Notices of Denials.— If an alien’s application for a visa, for admission to the United States, or for adjustment of status is denied by an immigration or consular officer because the officer determines the alien to be excludable under subsection (a), the officer shall provide the alien with a timely written notice that— “(1) states the determination, and “(2) lists the specific provision or provisions of law under which the alien is excludable or ineligible for entry or adjustment of status.”. (c) Review of Exclusion Lists.— The Attorney General and the Secretary of State shall develop protocols and guidelines for updating lookout books and the automated visa lookout system and similar mechanisms for the screening of aliens applying for visas for admission, or for admission, to the United States. Such protocols and guidelines shall be developed in a manner that ensures that in the case of an alien— (1) whose name is in such system, and (2) who either (A) applies for entry after the effective date of the amendments made by this section, or (B) requests (in writing to a local consular office after such date) a review, without seeking admission, of the alien’s continued excludability under the Immigration and Nationality Act, if the alien is no longer excludable because of an amendment made by this section the alien’s name shall be removed from such books and system and the alien shall be informed of such removal and if the alien continues to be excludable the alien shall be informed of such determination. (d) Conforming Amendments to Section 212.— (1) Subsection (c) of section 212 (8 U.S.C. 1182) is amended by striking “paragraph (1) through (25) and paragraphs (30) and104 STAT. 5076 (31) of subsection (a)” and inserting “subsection (a) (other than subparagraphs (A), (B), (C), or (E) of paragraph (3))”. (2) Subsection (d) of such section is amended— (A) by striking paragraphs (1), (2), (6), (9), and (10); (B) in paragraph (3)— (i) by striking “under one or more of the paragraphs enumerated in subsection (a) (other than paragraphs (27), (29), and (33))” and inserting “under subsection (a) (other than paragraphs (3)(A), (3)(C), and (3)(D) of such subsection)” each place it appears, and (ii) by adding at the end the following new sentence: “The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of excludable aliens applying for temporary admission under this paragraph.”; (C) in paragraph (4), by striking “(26)” and inserting “(7)(B)(i)”; (D) in paragraph (7), by striking “of this section, except paragraphs (20), (21), and (26),” and inserting “(other than paragraph (7))”; (E) in paragraph (8), by striking “(26), (27), and (29)” and inserting “(3)(A), (3)(B), (3)(C), and (7)(B)”; and (F) by adding at the end the following new paragraph: “(11) The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) of subsection (a)(6)(E) in the case of any alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntary and not under an order of deportation, and who is otherwise admissible to the United States as a returning resident under section 211(b) if the alien has encouraged, induced, assisted, abetted, or aided only the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.”. (3) Subsection (g) of such section is amended to read as follows: “(g) The Attorney General may waive the application of— “(1) section (a)(1)(A)(i) in the case of any alien who— “(A) is the spouse or the unmarried son or daughter, or the minor unmarried lawfully adopted child, of a United States citizen, or of an alien lawfully admitted for permanent residence, or of an alien who has been issued an immigrant visa, or “(B) has a son or daughter who is a United States citizen, or an alien lawfully admitted for permanent residence, or an alien who has been issued an immigrant visa, or “(2) subsection (a)(1)(A)(ii) in the case of any alien, in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in his discretion after consultation with the Secretary of Health and Human Services, may by regulation prescribe.”. (4) Subsection (h) of such section is amended to read as follows: “(h) The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2) and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of simple possession of 30 grams or less of104 STAT. 5077 marijuana in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or alien lawfully admitted for permanent residence if— “(1) it is established to the satisfaction of the Attorney General that— “(A) the alien is excludable only under subparagraph (D)(i) or (D)(ii) of such subsection or the activities for which the alien is excludable occurred more than 15 years before the date of the alien’s application for a visa, entry, or adjustment of status, and “(B) the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States, and “(C) the alien has been rehabilitated; and “(2) the Attorney General, in his discretion, and pursuant to such terms, conditions and procedures as he may by regulations prescribe, has consented to the alien’s applying or reapplying for a visa, for admission to the United States, or adjustment of status. No waiver shall be provided under this subsection in the case of an alien who has been convicted of (or who has admitted committing acts that constitute) murder or criminal acts involving torture.”. (5) Subsection (i) of such section is amended to read as follows: “(i) The Attorney General may, in his discretion, waive application of clause (i) of subsection (a)(6)(C)— “(1) in the case of an alien who is the spouse, parent, or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, or “(2) if the fraud or misrepresentation occurred at least 10 years before the date of the alien’s application for a visa, entry, or adjustment of status and it is established to the satisfaction of the Attorney General that the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States.”. (6) Subsection (k) of such section is amended by striking “paragraph (14), (20), or (21)” and inserting “paragraph (5)(A) or (7)(A)(i)”. (7) Subsection (1) of such section is amended by striking “paragraph (26)(B)” and inserting “paragraph (7)(B)(i)”. (e) Effective Date.— (1) Except as provided in paragraph (2), the amendments made by this section and by section 603(a) of this Act shall apply to individuals entering the United States on or after June 1, 1991. (2) The amendments made by paragraphs (5) and (13) of section 603(a) shall apply to applications for adjustment of status made on or after June 1, 1991.