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REQUEST FOR COMMENTS: H.R. 2361

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP87M01152R001001260002-5
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RIPPUB
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K
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26
Document Creation Date: 
December 22, 2016
Document Release Date: 
April 23, 2010
Sequence Number: 
2
Case Number: 
Publication Date: 
June 10, 1985
Content Type: 
MEMO
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Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87M01152R001001260002-5 o OLL 85-1549/1 10 June 1985 MEMORANDUM FOR: AA/OSD/OGC DC/ALD/OGC DC/ICAD/OGC SUBJECT: Request for Comments: H.R. 2361 1. Attached is a letter from Representative Rodino, Chairman of the House Judiciary Committee to the Director. The letter requests the Agency's views on H.R. 2361, a bill to amend the Immigration and Nationality Act with respect to the exclusion and deportation of aliens. The bill is also attached. 2. I would appreciate receiving your views on the matter by 12 June 1985. This will permit us to prepare an appropriate response. 3. Thank you for your cooperation. Legislation iv Office of Legislative Liaison Attachments as stated Distribution: Original - Addressees (w/atts) 1 - D/OLL :(w/atts) 1 - DD/OLL (w/atts) Y - OLL Chrono (w/atts) 1 - Leg/ Subject - immigration er LEG/OL~ b (10 June 1985 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87M01152R001001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152R001001260002-5 Y ODMMfT[EE ON THE JUDICIARY 6.1%. *oust of latpre tntatibto "ingtan. N.C. 205th May 28, 1985 Re: N.R. 2361, to amend the Immigration and Nationality Act with respect to the grounds for exclusion and deportation of aliens Honorable William J. Casey Di rector Central Intelligence Agency Washington, D.C. Dear flirt Enclosed herewith are copies of the Captioned bill pending before this Committee. I shall appreciate your furnishing the Committee with an expression of your views on the proposed legislation. Sincerely yours, PETER W. RODINO, JR. Chairman Cct Office of Management and Budget Legislative Reference Division Room 7201, BBOB Washington, D.C. 20503 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 99TH CONGRESS I ST SESSION He Ro 2361 To amend the Immigration and Nationality Act with respect to the grounds for exclusion and deportation of aliens. IA THE HOUSE OffF'REPRESENrATIA'ES MAY 6, 1985 MI. FRANK (for himself, MT. DOWNEY of New York, Mr. DIXON, MT. BEILEN- SON, Mr. FAUNTROY, Mr. DYMALLY, Mr. EDWARDS of California, Mr. STARK, Mr. FAZIO, Mr. KASTENMEIER, Mr. DELLUMS, Mr. MOAKLEY, Mrs. BURTON of Calfornia, Mr. HoiTR, and Mr. GARCIA) introduced the fol- lowing bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act with respect to the grounds for exclusion and deportation of aliens. I Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE; REFERENCES IN ACT. 4 (a) SHORT TITLE.-This Act may be cited as the "Im- 5 migration Exclusion and Deportation Amendments of 1985". 6 (b) AMENDMENTS TO IMMIGRATION AND NATIONAL- 7 ITY ACT.-Except as otherwise specifically provided, when- 8 ever in this Act an amendment or repeal is expressed as an 9 amendment to, or repeal of, a provision, the reference shall Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 2 1 be deemed to be made to the Immigration and Nationality 2 Act. 3 SEC. 2. REVISION OF GROUNDS FOR EXCLUSION. 4 (a) REVISED GROUNDS FOR EXCLUSION.-Subsection 5 (a) of section 212 (8 U.S.C. 1182) is amended to read as 6 follows: 7 "(a) CLA>ES OF EXCLUDABLE ALIENS.-Except as 8 otherwise provided in this Act, the following describes classes 9 of excludable aliens who are ineligible to receive visas and 10 who shall be excluded from admission into the United States: 11 "(1) HEALTH-RELATED GROUNDS.-(A) Any 12 alien who has a communicable disease of public health 13 significance is excludable. 14 "(B) Any alien who has a history or record of be- 15 havior, or manifestation of mental impairment, that 16 poses a threat to property or to the safety or welfare of 17 others or to the alien is excludable. 18 "(2) CRIMINAL AND MORAL GROUNDS.-(A)(i) 19 Except as provided in clause (ii), any alien convicted of 20- a crime involving moral turpitude (other than a purely 21 political offense) is excludable. 22 . "(ii) Clause (i) shall not apply to an alien who 23 committed only one crime if- 24 "(1) the crime was committed when the alien 25 was under 18 years of age, and the crime was Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 I' Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 3 I committed (and the alien released from any con- 2 finement to a prison or correctional institution im- 3 posed for the crime) more than five years before 4 the date of application for a visa or other docu- 5 mentation and the date of application for admis- 6 sion to the United States, or ? r 7 ' ' "(II) the sentence actually imposed for the 8 crime did not exceed a term of imprisonment in 9 excess of six months. 10 "(B) Any alien convicted of two or more offenses 11 (other than purely political offenses), regardless of 12 whether the conviction was in a single trial or whether 13 the offenses arose from a single scheme of misconduct 14 and regardless of whether the offenses involved moral 15 turpitude, for which the aggregate sentences to con- 16 finement actually imposed were five years or more is 17 excludable. 18 "(C)(i) Any alien convicted of a violation of (or a 19 conspiracy to violate) any law or regulation relating to 20 narcotic drugs, controlled substances, or psychotropic 21 substances, other than a single offense involving pos- 22 session for one's own use of 30 grams or less of mari- 23 huana, is excludable and any alien who the consillar or 24 immigration officer knows or has reason to believe is 25 or has been an illicit trafficker in narcotic drugs, con- .11 6, n Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152R001001260002-5 4 1 trolled substances, or psychotropic substances is ex- 2 cludable. 3 "(ii) Any alien who is a narcotic drug addict is 4 excludable. "(D) Any alien who has engaged in a terrorist ac- 6 tivity (as defined in section 101(a)(43)) directed against 8 9 10 the United States or a.citize-iq of the United States is excludable. "(E) Any alien who, during the period beginning on March 23, 1933, and ending on May 8, 1945, under 11 the direction of, or in association with- 12 "(i) the Nazi government of German,% 13 "(ii) any government in any area occupied by 14 the military forces of the Nazi government of 15 Germany, 16 "(iii) any government established with the 17 assistance or cooperation of the Nazi government 18 of Germany, or 19 "(iv) any government which was an ally of 20 ,the Nazi government oT Germany, 21 ordered, incited, assisted, or otherwise participated in 22 the persecution of any person because of race, religion, 23 national origin, or political opinion is excludable. 24 "(3) SECURITY GROUNDS.-Any alien who a con- 25 sular officer or the Attorney General knows, or has Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87M01152RO01001260002-5 5 I reasonable ground to believe, is likely to engage after 2 entry in- 3 "(A) any activity which is prohibited by the 4 laws of the United States relating to espionage or r4 sabotage, "(B) any other criminal activity which en- dangers public safety or national security, "(C) any activity a purpose of which is the opposition to, or the control or overthrow of, the 10 Government of the United States by force, vio- 11 lence, or other unconstitutional means, or 12 "(D) any terrorist activity, 13 is excludable. 14 "(4) ECONOMIC GROUNDS.-(A) Any alien who is 15 likely to become a public economic burden is excluda- 16 ble. 17 "(B) Any alien who seeks to enter the United 18 States for the purpose of performing skilled or un- 19 skilled labor is excludable, unless the Secretary of 20 Labor has determined and certified to the Secretary of 21 State and the Attorney General that- 22 "(i) there are not sufficient workers who are 23 able, willing, qualified (or equally qualified in the 24 case of an alien described in subparagraph (E)) 25 and available at the time of application for a visa ?8 2361 I Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152 R001001260002-5 ., s 6 1 and admission to the United States and at the 2 place where the alien is to perform such skilled or 3 unskilled labor, and "(ii) the employment of such alien will not 5 adversely affect the wages and working conditions 6 of- workers in the United States similarly em- 7 ployed. 8 "(C) An alien who is a graduate of a medical 9 school not accredited by a body or bodies approved for 10 the purpose by the Secretary of Education (regardless 1 ] of whether such school of medicine is in the United 12 States) and who is coming to the United States princi- 13 pally to perform services as a member of the medical 14 profession is excludable, unless the alien (i) has passed 15 parts I and II of the National Board of Medical Exam- 16 iners Examination (or an equivalent examination as de- 17 termined by the Secretary of Health and Human Serv- 18 ices) and (ii) is competent in oral and written English. 19 "(E) The grgunds for exclusion of aliens under 20 subparagraphs (B) and (C) of this paragraph shall only 21 apply to preference immigrant aliens described in para- 22 graph (3) or (6) of section 203(a) and to nonpreference 23 immigrant aliens described in section 203(a)(7). 24 "(E) For purposes of subparagraph (B)(i), an alien 25 described in this subparagraph is an alien who- Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 7 1 "(i) is a member of the teaching profession, 2 "(ii) who has exceptional ability in the sci- 3 ences or the arts, or 4 "(iii) who has a doctoral degree and is seek- 5 ing to enter the United States to be employed as 6 a researcher at a college, university, or other non- 7 profit educational or research institution). 8 "(5) ILLEGAL ENTRANTS AND IMMIGRATION VI0- 9 LATORS.-(A) Any alien who has been excluded from 10 admission and deported and who again seeks admission 11 within one year of the date of such deportation is ex- 12 cludable, unless prior to the alien's reembarkation at a 13 place outside the United States or attempt to be admit- 14 ted from foreign contiguous territory the Attorney 15 General has consented to the alien's reapplying for ad- 16 mission. 17 "(B) Any alien who- 18 "(i) has been arrested and deported, 19 "(ii) has fallen into distress and has been re- 20 moved pursuant to this or any prior Act, 21 "(iii) has been removed as an alien enemy, or 22 "(iv) has been removed at Government ex- 23 pence in lieu of deportation pursuant to section 24 242(b), ORn61^ Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 8 1 and who seeks admission within five years of the date 2 of such deportation or removal is excludable, unless 3 before the date of the alien's embarkation or reembar- 4 kation at a place outside the United States or attempt 5 to be admitted from foreign contiguous territory the 6 Attorney General has consented to the alien's applying 7 or reapplying for admission. 8 "(C) Any alien who seeks to procure (or has 9 sought to procure or has procured) a visa or other doc- 10 umentation, or seeks to enter the United States, by 11 fraud or by willfully misrepresenting a material fact is 12 excludable. 13 "(D) Any alien who is a stowaway is excludable. 14 "(E) Any alien who at any time knowingly has 15 encouraged, induced, assisted, abetted, or aided any 16 other alien to enter or to try to enter the United States 17 in violation of law is excludable. 18 "(F) Any alien (other than an alien -born in the 19 Western Hemisphere or described in section 20 101(a)(27)(A)) who- 21 "(i) seeks admission from foreign contiguous 22 territory or adjacent islands, having arrived there 23 on a vessel or aircraft of a nonsignatoiy line, or if 24 signatory, a noncomplying transportation line 25 under section 238(a), and ?Q ti61 i Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 9 1 "(ii) has not resided for at least two years 2 subsequent to such arrival in such territory or ad- 3 jacent islands, 4 is excludable. 5 "(6) DOCUMENTATION REQUIREMENTS.-(A) 6 Except as otherwise specifically provided in this Act, 7 any immigrant at the time of application for admis- 8 sion- 9 "(i) who is not in possession of a valid unex- 10 pired immigrant visa, reentry permit, border II crossing identification card, or other valid entry 12 document required by this Act, and a valid uuex- 13 pired passport, or other suitable travel document, 14 or document of identity and nationality if such 15 document is required under the regulations issued 16 by the Attorney General under section 211(a), or 17 "(ii) whose visa has been issued without 18 compliance with the provisions of section 203, 19 is excludable. 20 "(B) Any nonimmigrant who- 21 "(i) is not in possession of a passport valid 22 for a minimum of six months from the date -of the 23 expiration of the initial period of the alien's ad- 24 mission or contemplated initial period of stay au- 25 thorizing the alien to return to the country from Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 10 1 which the alien came or to proceed to and enter 2 some other country during such period, or 3 "(ii) is not in possession of a valid nonimmi- 4 grant visa or border crossing identification card at 5 the time of application for admission, 6 is excludable. 7 "(7) INELIGIBLE FOR CITIZENSHIP.-(A) Any 8 immigrant who is ineligible to citizenship is excludable. 9 "(B) Any person who has departed from or who 10 has remained outside the United States to avoid or 11 evade training or service in the armed forces in time of 12 war or a period declared by the President to be a na- 13 tional emergency is excludable, except that this sub- 14 paragraph shall not apply to an alien who at the time 15 of such departure was a nonimmigrant and who is 16 seeking to reenter the United States as a nonimmi- 17 grant.". 18 (b) CONFORMING AMENDMENTS TO SECTION 212.-(1) 19 Subsection (b) of such section is repealed. 20 (2) Subsection (c) of such section is amended by striking 21 out "paragraph (1) through (25) and paragraphs (30) and (31) 22 of subsection (a)" and inserting in lieu thereof "subsection (a) 23 (other than paragraphs (3) and (6)(A))". 24 (3) Subsection (d) of such section is amended- 25 (A) by striking out paragraphs (1), (2), and (10); on n6l ^ Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 11 1 (B) by striking out "under one or more of the 2 paragraphs enumerated in subsection (a) (other than 3 paragraphs (27), (29), and (33))" in paragraph (3) and 4 inserting in lieu thereof "under subsection (a) (other 5 than paragraph (2)(D) or (3) of such subsection)" each 6 place it appears; 7 (C) br strik' ? t mg ou (6) in paragraph (4) and in- 8 serting in lieu thereof "(6)(B)"; 9 (D) by striking out "of this section, except para- 10 graphs (20), (21), and (26)," in paragraph (7) and in- 11 serting in lieu thereof "(other than paragraph (6))"; 12 (E) by striking out "(26), (27), and (29)" in para- 13 graph (8) and inserting in lieu thereof "(3) and (6)(B)"; 14 and 15 (F) by striking out "(7)" in paragraph (9) and in- 16 serting in lieu 'thereof "(4)(A)". 17 (4) Subsection (g) of such section is repealed. 18 (5) Subsection (h) of such section is amended by striking 19 out "paragraphs (9), (10)" and all. that follows through 20 "paragraph (23)" and inserting in lieu thereof "paragraphs 21 (2)(A) and (2)(B) of subsection (a) or paragraph (2)(C)(i)". 22 (6) Subsection (k) of such section is amended by striking 23 out "(14), (20), or (21)" and inserting in lieu thereof "(4)(B) 24 or (6)(A)". on n61 ^ Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 12 1 (7) Subsection 0) of such section is amended by striking 2 out "(26)(B)" and inserting in lieu thereof "(6)(B)(ii)". 3 (c) EFFECTIVE DATE.-The amendments made by this 4 section and by section 4(a) of this Act shall apply to indiyid- 5 uals entering the United States on or after the first day of the 6 first month beginning more than 60 days after the date of the 7 enactment of this Act. 8 SEC. 3. REVISION OF GROUNDS FOR DEPORTATION. 9 (a) REVISED GROUNDS FOR DEPORTATION.-SubSee- 10 Lion (a) of section 241 (8 U.S.C. 1251) is amended to read as 11 follows: 12 "(a) CLASSES OF DEPORTABLE ALIENS.-Any alien 13 (including an alien crewman) in the United States shall, upon 14 the order of the Attorney General, be deported if the alien is 15 deportable as being within one or more of the following class- 16 es of aliens: 11 "(1) EXCLUDABLE AT TIME OF ENTRY OR VIO- 18 LATES STATUS.-(A) Any alien who at the time of 19 entry was within one or more of the classes of aliens 20 excludable by the law existing at such time is deport- 21 able. 22 "(B) Any alien who entered the United States 23 without inspection or at any time or place other than 24 as designated by the Attorney General or is in the Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 13 I United States in violation of this Act or any other )a- 2 of the United States is deportable. 3 "(C) Any alien who has admitted as a nonimmi- 4 grant and who has failed to maintain the nonimmigrant 5 status in which the alien was admitted or to which it 6 was changed under sect 248 ion i 7 , or to comply witn the conditions of any such status is deportable. 8 "(D) Any alien (other than an alien born in the 9 Western Hemisphere or described in section 10 101(a)(2 7)(A)) who- 11 "(i) entered the United States from foreign 12 contiguous territory or adjacent islands, having 13 arrived there on a vessel or aircraft of a nonsigna- 14 tort' line, or if signatory, a noncomplying trans- 15 portation line under section 238(a), and 16 "(ii) has not resided for at least two years 17 after to the arrival in the territory or adjacent is- 18 lands, 19 is deportable. 20 "(E) Any alien who (at the time of any entry or 21 within five years after the date of entry) knowingly and 22 for gain has encouraged, induced, assisted, abetted, or 23 aided any other alien to enter or to try to enter the 24 United States in violation of law is deportable. 25 "(2) CRIMINAL OFFENSES.-(A) Any alien who- Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 14 1 "(i) is convicted of a crime involving moral 2 turpitude committed within five years after the 3 date of entry, and 4 "(ii) either is sentenced to confinement or is 5 confined therefor in a prison or correctional insti- 6 tution for one year or longer, 7 is deportable. 8 "(B) Any alien who at any time after entry is 9 convicted of two or more crimes involving moral turpi- 10 tude, not arising out of a single scheme of criminal 11 misconduct, regardless of whether confined therefor 12 and regardless of whether the convictions were in a 13 single trial, is deportable. 14 "(C)(i) Any alien who at any time after entry has 15 been convicted of a violation of (or a conspiracy to vio- 16 late) any law or regulation relating to narcotic drugs, 17 controlled substances, or psychotropic substances, other 18 than a single offense involving possession for one's own 19 use of 30 grams or less of marihuana, is deportable. 20 "(ii) Any alien who is, or at any time after entry 21 has been, a narcotic drug addict is deportable. 22 "(D) Any alien who at any time after entry is 23 convicted under any law restricting the possession or 24 carrying of any weapon which shoots or is designed to 25 shoot automatically or semiautomatically more than Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 15 1 one shot without manual reloading, by a single function 2 of the trigger, or a weapon commonly called a sawed- 3 off shotgun, is deportable. 4 "(E) Any alien who at any time has been convict- 5 ed (the judgment on such conviction becoming final) 6 of- 7 "'(W any offense under chapter 37 (relating to 8 espionage), chapter 105 (relating to sabotage), or 9 chapter 115 (relating to treason and sedition) of 10 title 18, United States Code, for which a term of 11 imprisonment of five or more years may be im- 12 posed; 13 "(ii) any offense under section 871 or 960 of 14 title 18, United States Code; 15 "(iii) a violation of any provision of the Iliili- 16 tars Selective Service Act (50 U.S.C. App. 451 17 et. seq.) or the Trading with the Enemy Act (50 18 U.S.C. App. 1 et. seq.); or 19 "(iv) a violation of section 215 or 278 of this 20 Act, 21 is deportable. 22 "(3) FAILURE TO REGISTER AND FALSIFICATION 23 OF DOCUMENTS.-(A) An alien who has failed to 24 comply with the provisions of section 265 is deport- 25 able, unless the alien establishes to the satisfaction of Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87M01152RO01001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87M01152R001001260002-5 16 I the Attorney General that surf fniloire was reasonably 2 excusable or was not willful. 3 "(B) Any alien who at HI)tinu` has been con- 4 v icted- 5 "(i) under section 2(;tRe) of this Act or under 6 section 36(c) of the Alien I?,gi~tr~ltion Act, 1940, i "(ii) of a violation ol. ur i~ conspiracy to vio- 8 late, any provision of the 'i-rrif Agents Regis- 9 tration Act of 1938 (22 t'.~?f 611 et. seq.), or 10 "(iii) under section 1.'~ 1(+ of title 18, United 11 States Code (relating to trau" ,,i,d misuse of visas, 12 permits, and other entry 13 is deportable. 14 "(4) SECURITY GROUNDS. Any alien who is en- 15 gaged or at any time after ei~tr~ engaged in- 16 "(A) any activity W tiid~ i~ prohibited by the 17 laws of the United Stairs relntuflfi to espionage or 18 sabotage, 19 "(B) any other criinin;il activity which en- 20 dangers public safety or n8ttOual security, 21 "(C) any activity a purP0se of which is the 22 opposition to, or the control or overthrow of, the 23 Government of the Unitr"l States by force, vi- 24 lenee, or other unconstitt,tiunal means, or ~'~ Nr? m Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87M01152R001001260002-5 4 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 17 "(D) any terrorist activity (as defined in see- 2 tion 101(a)(43)), 3 is deportable. 4 "(5) ECONOMIC GROUNDS.-Any alien who, 5 within five years after the date of entry, has become a 6 public economic burden from causes not affirmatively 7 shown to have arisen since enfrv is deportable. 8 "(6) ENGAGED IN TERRORIST ACTIVITY AGAINST 9 UNITED STATES.-Any alien who has engaged in a 10 terrorist activity directed against the United States or 11 a citizen of the United States is deportable. 12 "(7) ASSISTED IN NAZI PERSECUTION.-Any 13 alien who, during the period beginning on March 23, 14 1933, and ending on May 8, 1945, under the direction 15 of, or in association with- 16 "(A) the Nazi government of Germany, 17 "(B) any government in any area occupied 18 by the military forces of the Nazi government of 19 Germany, 20 "(C) any government established with the as- 21 sistance or cooperation of the Nazi government of 22 Germany, or 23 "(D) any government which was an ally of 24 the Nazi government of Germany, onn6P Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 18 - 1 ordered, incited, assisted, or otherwise participated in 2 the persecution of any person because of race, religion, 3 national origin, or political opinion is deportable.". 4 (b) CONFORMING AMENDMENTS TO SECTION 241.-(1) 5 Subsection (b) of such section is amended- 6 (A) by striking out "subsection (a)(4)" and insert- 7 ing in lieu thereof "subparagraphs (A) and (B) of sub- 8 section (a)(2)", and 9 (B) by striking out "(a)(11)" and inserting in lieu 10 thereof "(a)(2)(C)". 11 (2) Subsection (c) of such section is amended by striking 12 out "(a)(2)" and inserting in lieu thereof "(a)(1)(B)". 13 (3) Subsection (e) of such section is amended by striking 14 out "(a) (6) or (7)" and inserting in lieu thereof "(a)(4)". 15 (4) Subsection (f) of such section is amended- 16 (A) by striking out "(a)(19)" in paragraph (1) and 17 inserting in lieu thereof "(a)(6) or (7)", 18 (B) by striking out paragraph (2), and 19 (C) in paragraph (1)- 20 (i) by redesignating clauses (i) and (ii) of sub- 21 paragraph (A) as subparagraphs (A) and (B), re- 22 spectively, 23 (ii) by striking out "subparagraph (A)" and 24 "subparagraph (A)(u)" in subparagraph (B) and Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 19 1 insertin in 1, F t f 3 (iii) by redesignating subparagraphs (A) and g eu TI ereo paragraph (1) and "paragraph (1)(B)", respectively, 4 (B) as paragraphs (1) and (2), respectively, and (iv) by striking out "(f)(1)(A)" in lieu thereof "(f)(1)". and inserting 10 11 12 13 14 15 16 17 (C) SAVINGS F*OVISION.--Notwithstanding the amend- ments made by this section, any alien who was deportable because of a conviction (before the date of the enactment of this Act) of an offense referred to in paragraph (5), (17), or (18) of section 241(a) of the Immigration and Nationality, as in effect before the date of the enactment of this Act, shall be considered to remain so deportable. (d) EFFECTIVE DATE.-The amendments made by this section, and by section 4(b) of this Act, shall not apply to deportation proceedings for which notice has been provided to the alien before the end of the 30-day period beginning on 18 the date of the enactment of this Act. 19 SEC. 4. MISCELLANEOUS CONFORMING AMENDMENTS. 20 (a) DEFINITION OF TERRORIST ACTIVITY.-Section 21 101(a) (8 U.S.C. 1101(a)) is amended by adding at the end 22 23 24 25 the following new paragraph: "(43) The term `terrorist activity' means organizing, abetting, or participating in a wanton or indiscriminate act of violence with extreme indifference to the risk of causing Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152 R001001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 20 1 death or serious bodily injury to individuals not taking part in 2 armed hostilities.". 3 (b) ELATING TO GROUNDS FOR EXCLUSION.-(1) 4 Section 101(0(3) (8 U.S.C. 11010(3)) is amended- 5 (A) by striking out "paragraphs (11), (12), and 6 (31)" and inserting in lieu thereof "paragraph (5)(E)", 7 and 8 (B) by striking out "paragraphs (9) and (10) of 9 section 212(a) and paragraph (23)" and inserting in 10 lieu thereof "subparagraphs (A) and (B) of section 11 212(a)(2) and subparagraph (C)". 12 (2) Section 102 (8 U.S.C. 1102) is amended- 13 (A) by striking out "(27)" in paragraphs (1) and 14 (2) and inserting in lieu thereof "(3)", and 15 (B) by striking out "paragraphs (270 and (29)" in 16 paragraph (3) and inserting in lieu thereof "paragraph 17 (3)". 18 (3) Section 203(a)(7) (8 U.S.C. 1153(a)(7)) is amended 19 by striking out. "section 212(a)(14)" and inserting in lieu 20 thereof "section 212(a)(4)(B)". 21 (4) Sections 207(c)(3) and 209(c) (8 U.S.C. 1157(c)(3), 22 1159(c)) are each amended- 23 (A) by striking out "(14), (15), (20), (21), (25), 24 and (32)" and inserting in lieu thereof "(4) and (6)(A)", 25 and ORU61^ Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 21 I (B) by striking out "(other than paragraph" and 2 all that follows through "narcotics)" and inserting in 3 lieu thereof "(other than paragraphs (2)(C)(i), (2)(D), or 4 (3))". 5 (5) Section 211(b) (8 U.S.C. 1181(b)) is amended by 6 striking out "212(a)(20)" and inserting in lieu thereof 7 "212(a)(6)(A)". 8 (6) Section 213 (8 U.S.C. 1183) is amended- 9 (A) by striking out "(7) or (15)" and inserting in 10 lieu thereof "(4)(A)", and 11 (B) by striking out "public charge" and inserting 12 in lieu thereof "public economic burden" each place it 13 appears. 14 (7) Section 221(g) (8 U.S.C. 1201(g)) is amended by 15 striking out "212(a)(7), or section 212(a)(15)" and inserting 16 in lieu thereof "212(a)(4)(A)". 17 (8) Section 234 (8 U.S.C. 1224) is amended by striking 18 out "(1), (2), (3), (4), or (5)" and inserting in lieu thereof "(1) 19 or (2)(C)(ii)" each place it appears. 20 (9) Section .235(c) (8 U.S:C 1225(c)) is M mended by 21 striking out "(27), (28), or (29)" and inserting in lieu thereof 22 "(3)". 23 (10) Section 236(d) (8 U.S.C. 1226(d)) is amended- 24 (A) by striking out "is afflicted with a disease" 25 and all that follows through "of section 212(a)" and in- 1 - I Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152R001001260002-5 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 22 1 serting in lieu thereof "has a disease or illness which 2 would make the alien excludable under paragraph (1) 3 or (2)(C)(ii) of section 212(a)", and 4 (B) by striking out the last sentence. 5 (11) Section 241(e) (8 U.S.C. 1251(c)) is amended by 6 striking out "paragraph (19)" and inserting in lieu thereof 7 "paragraph (5)(C)" 8 (12) Section 241(f)(1)(A)(ii) (8 U.S.C. 1251(f)(1)(A)(ii)) is 9 amended by striking "(14), (20), and (21)" - in paragraph 10 (1)(A)(ii) and inserting in lieu thereof "(4)(B) and (6)(A)". 11 (13) Section 272 (8 U.S.C. 1322)- 12 (A) in subsection (a)- 13 (i) by striking out "(1) mentally retarded"! 14 and all that follows through "(6) narcotic drug 15 addict" in subsection (a) and inserting in lieu 16 thereof "excludable under section 212(a)(1)", and (ii) by striking out "such disease or disabil- 18 ity" in subsection (a) and inserting in lieu thereof 19 "the excluding condition"; 20 _(B) by striking out subsection (b); 21 (C) by redesignating subsections (c) through (e) as 22 subsections (b) through (d), respectively; and 23 (D) by striking out "DISABILITY . OR AFFLICTED 24 WITH DISEASE" in the heading and inserting in lieu 17 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 .s Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 23 1 thereof "EXCLUSION ON A HEALTH-RELATED 2 GROUND". 3 (14)S ' ection 277 (8 U.S.C. 1327) is amended by striking 4 out "212(a)(27), (28), or (29)" and inserting in lieu thereof 5 "212(a)(3)". 6 (15) The item in the table of contents relating to section 7 272 is amended to read as follows: "Sec. 272. Bringing in aliens subject to exclusion on a health-related ground.". 8 (c) RELATING TO GROUNDS FOR DEPORTATION.-(1) 9 Subsections (b) and (e) of section 242 (8 U.S.C. 1252) and 10 section 244(e) (8 U.S.C. 1254(e)), and section 202(n)(1) of 11 the Social Security Act (42 U.S.C. 402(n)(1)) are each 12 amended by striking out "paragraph (4), (5), (6), (7), (11), 13 (12), (14), (15), (16), (17), (18), or (19)" and inserting in lieu 14 thereof "(2), (3), (4), (6), or (7)". 15 (2) Section 244(a) (8 U.S.C. 1254(a)) is amended- 16 (A) by striking out "241(a)(19)" and inserting in 17 lieu thereof "241(a)(6) or (7)", and 18 (B) by striking out "paragraph (4), (5), (6), (7), 19 (11), (12), (14), (15), (16), (17), or (18)" in paragraph 20 (2) and inserting in lieu thereof "(2), (3), (4), (6), or 21 (7)?. 1 22 (3) Section 202(n) of the Social Security Act (42 U.S.C. 23 402(n)) is amended- 24 (A) by striking out "paragraph (1), (2), (4), (5), 25 (6), (7), (10), (11), (12), (14), (15), (16), (17), or (18) of ?IJn61a Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 1 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87MO1152RO01001260002-5 24 I section 241(a)" in paragraph (1) and inserting in _ lieu 2 thereof "under section 241(a) (other than under para- 2 graph (1)(C) or (1)(E) thereof)", and 4 (B) by striking out "enumerated in paragraph (1) 5 in this subsection" in paragraph (2) and inserting in 6 lieu thereof "(other than under paragraph (1)(C) or 7 (1)(E) thereof)" 0 Sanitized Copy Approved for Release 2010/04/23: CIA-RDP87M01152RO01001260002-5