Notice2022-13472
Exercise of Authority Under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 23, 2022
Issuing agencies
State DepartmentHomeland Security Department
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 120 (Thursday, June 23, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 120 (Thursday, June 23, 2022)]
[Notices]
[Pages 37523-37524]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13472]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
Office of the Secretary
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
Exercise of Authority Under Section 212(d)(3)(B)(i) of the
Immigration and Nationality Act
AGENCY: Office of the Secretary, DOS; Office of the Secretary, DHS
ACTION: Notice of determination.
-----------------------------------------------------------------------
Following consultations with the Attorney General, the Secretary of
Homeland Security and the Secretary of State have determined that
grounds of inadmissibility at section 212(a)(3)(B) of the Immigration
and Nationality Act (INA), 8 U.S.C. 1182(a)(3)(B), bar certain
individuals who do not pose a national security or public safety risk
from admission to the United States and from obtaining immigration
benefits or other status. Accordingly, consistent with prior exercises
of the exemption authority, the Secretary of Homeland Security and the
Secretary of State, in consultation with the Attorney General, hereby
conclude, as a matter of discretion in accordance with the authority
granted by section 212(d)(3)(B)(i) of the INA, 8 U.S.C.
1182(d)(3)(B)(i), as amended, after considering the foreign policy and
national security interests deemed relevant in these consultations,
that section 212(a)(3)(B)(iv)(VI)(cc) of the INA, 8 U.S.C.
1182(a)(3)(B)(iv)(VI)(cc), shall not apply with respect to an
individual who provided: (1) insignificant material support (i.e.,
support that was minimal in amount and inconsequential in effect); or
(2) limited material support under circumstances involving certain
routine commercial transactions, certain routine social transactions
(i.e., in the satisfaction of certain well-established or verifiable
family, social, or cultural obligations), certain humanitarian
assistance, or substantial pressure that does not rise to the level of
duress, to a designated terrorist organization as described in
subsection 212(a)(3)(B)(vi)(I) or subsection 212(a)(3)(B)(vi)(II) of
the INA, 8 U.S.C. 1182(a)(3)(B)(vi)(I) or 8 U.S.C.
1182(a)(3)(B)(vi)(II), or to any member of such organization, and
provided that the individual satisfies the relevant agency authority
that the individual:
(a) Did not voluntarily and knowingly engage in terrorist activity
on behalf of a designated terrorist organization as described in
section 212(a)(3)(B)(vi)(I) or (II) of the INA, 8 U.S.C.
1182(a)(3)(B)(vi)(I) or (II);
(b) Is seeking a benefit or protection under the INA and has been
determined to be otherwise eligible for the benefit or protection;
(c) Has undergone and passed all relevant background and security
checks;
(d) Has fully disclosed, to the best of their knowledge, in all
relevant applications and interviews with government representatives
and agents, the nature and circumstances of any material support
provided and any other activity or association falling within the scope
of section 212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B), as well as
all contact with a terrorist organization and its members;
(e) Has not provided the material support with any intent or desire
to assist any terrorist organization or terrorist activity;
(f) Has not provided material support that the individual knew or
reasonably should have known could directly be used to engage in
terrorist or violent activity;
(g) Has not provided material support to terrorist activities that
they knew or reasonably should have known targeted noncombatant
persons, U.S. citizens, or U.S. interests;
(h) Has not provided material support that the individual knew or
reasonably should have known involved providing weapons, ammunition,
explosives, or components thereof, or the transportation or concealment
of such items;
(i) Is not otherwise inadmissible under section 212(a)(3)(B) of the
INA, 8 U.S.C. 1182(a)(3)(B), for which no exemption applies;
(j) Poses no danger to the safety and security of the United
States; and
(k) Warrants an exemption from the relevant inadmissibility
provision(s) in the totality of the circumstances.
Implementation of this determination will be made by U.S.
Citizenship and Immigration Services (USCIS), in consultation with U.S.
Immigration and Customs Enforcement (ICE), or by U.S. consular
officers, as applicable, who shall ascertain, to their satisfaction,
and in their discretion, that the particular applicant meets each of
the criteria set forth above.
This exercise of authority may be revoked as a matter of discretion
and without notice at any time, with respect to any and all persons
subject to it. Any determination made under this exercise of authority
as set out above can inform but shall not control a decision regarding
any subsequent benefit or protection application, unless such exercise
of authority has been revoked.
This exercise of authority shall not be construed to prejudice, in
any way, the ability of the U.S. government to commence subsequent
criminal or civil proceedings in accordance with U.S. law involving any
beneficiary of this exercise of authority (or any other person). This
exercise of authority creates no substantive or procedural right or
benefit that is legally enforceable by any party against the United
States or its agencies or officers or any other person.
In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C.
1182(d)(3)(B)(ii), a report on the applicant or beneficiaries to whom
this exercise of authority is applied, on the basis of case-by-case
decisions by the U.S. Department of Homeland Security or by the U.S.
Department of State, shall be provided to the specified congressional
committees not later than 90 days after the end of the fiscal year.
This determination is based on an assessment related to the
national security and foreign policy interests of the United States as
they apply to the particular persons described herein and shall not
have any application with respect to other persons or to other
provisions of U.S. law.
Authority: 8 U.S.C. 1182(d)(3)(B)(i).
[[Page 37524]]
Dated: June 8, 2022.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
Dated: June 8, 2022.
Antony J. Blinken,
Secretary, U.S. Department of State.
[FR Doc. 2022-13472 Filed 6-21-22; 11:15 am]
BILLING CODE 9111-97-P
</pre></body>
</html>Indexed from Federal Register on June 23, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.