Notice2022-13473
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
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<title>Federal Register, Volume 87 Issue 120 (Thursday, June 23, 2022)</title>
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[Federal Register Volume 87, Number 120 (Thursday, June 23, 2022)]
[Notices]
[Pages 37522-37523]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13473]
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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.
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Following consultations with the Attorney General, the Secretary of
State and Secretary of Homeland Security have determined that the
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. Of particular concern, these grounds of
inadmissibility bar some individuals who actively assisted U.S. efforts
in Afghanistan and now seek and deserve the protection of our
Government.
Accordingly, consistent with prior exercises of the exemption
authority, the Secretary of State and the Secretary of Homeland
Security hereby conclude, as a matter of discretion in accordance with
the authority granted by section 212(d)(3)(B)(i) of the Immigration and
Nationality Act (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) of the INA,
8 U.S.C. 1182(a)(3)(B), excluding subclause (i)(II), shall not apply
with respect to an individual for any activity or association relating
to actions:
(1) Directed against the Afghan Taliban or Afghan Taliban-
affiliated militia groups;
(2) Directed against any other organization that was engaged in
violent activities that targeted the United States or allied entities,
including (a) any entity or contractor of the United States government
or any individual employed by or on behalf of the United States
government, (b) the International Security Assistance Force (ISAF) or
any successor name of such Force, (c) the United Nations, or (d) the
government of the Islamic Republic of Afghanistan or the Afghan
Transitional Authority during the time period from December 22, 2001 to
August 15, 2021; or
(3) Directed against the army of the Union of Soviet Socialist
Republics (USSR) or the government of the Democratic Republic of
Afghanistan between April 27, 1978 and April 28, 1992,
provided that the individual satisfies the relevant agency authority
that the individual:
(a) Is seeking a benefit or protection under the INA and has been
determined to be otherwise eligible for the benefit or protection;
(b) Has undergone and passed all relevant background and security
checks;
(c) Has fully disclosed, to the best of their knowledge to relevant
U.S. government entities, the nature and circumstances of all
activities or associations falling within the scope of section
212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B);
(d) Has not participated in, or provided material support for the
commission of, a terrorist activity that they knew or reasonably should
have known targeted noncombatant persons or U.S. interests;
(e) 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;
(f) Has not been indicted by any international tribunal or the
International Criminal Court;
(g) Has not voluntarily and knowingly engaged in any terrorist
activities on behalf of, or provided any material support to any
organization which has ever been designated a terrorist organization as
described in section 212(a)(3)(B)(vi)(I) or (II) of the INA, at any
time, including prior to that organization's designation, unless the
activities are otherwise exempted;
(h) Has not committed, ordered, incited, assisted, or otherwise
participated in acts of torture, as defined in 18 U.S.C. 2441(d)(1)(A),
or genocide, as defined in 18 U.S.C. 1091(a); or recruited or used
child soldiers, as described in 18 U.S.C. 2442;
(i) Has not been identified in either Executive Order 13224, as
amended, or otherwise designated by the Secretary of State or the
Secretary of the Treasury pursuant to the Specially Designated
Nationals List (SDNL), or in lists established by United Nations
Security Council Committee pursuant to Resolutions 1267 (1999) or 1988
(2011) concerning Al-Qaida and the Taliban and associated individuals
and entities;
(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) or by U.S. consular
officers, as applicable, and in consultation with relevant U.S.
government entities, 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 individuals 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
[[Page 37523]]
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).
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. 2022-13473 Filed 6-21-22; 11:15 am]
BILLING CODE 9111-97-P
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</html>Indexed from Federal Register on June 23, 2022.
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