S.744 Immigration bill - Sec. 3711: INADMISSIBLE ALIENS

Posted Wed, Apr 17, 2013 at 4:58 pm

    (a) Deterring Aliens Ordered Removed From Remaining in the United States Unlawfully- Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amended--

      (1) in clause (i), by striking `seeks admission within 5 years of the date of such removal (or within 20 years' and inserting `seeks admission not later than 5 years after the date of the alien's removal (or not later than 20 years after the alien's removal'; and

      (2) in clause (ii), by striking `seeks admission within 10 years of the date of such alien's departure or removal (or within 20 years of' and inserting `seeks admission not later than 10 years after the date of the alien's departure or removal (or not later than 20 years after'.

    (b) Biometric Screening- Section 212 (8 U.S.C. 1182) is amended--

      (1) in subsection (a)(7), by adding at the end the following:

        `(C) WITHHOLDING INFORMATION- Except as provided in subsection (d)(2), any alien who willfully, through his or her own fault, refuses to comply with a lawful request for biometric information is inadmissible.'; and

      (2) in subsection (d), by inserting after paragraph (1) the following:

      `(2) The Secretary may waive the application of subsection (a)(7)(C) for an individual alien or a class of aliens.'.

    (c) Precluding Admissibility of Aliens Convicted of Serious Criminal Offenses and Domestic Violence, Stalking, Child Abuse and Violation of Protection Orders-

      (1) INADMISSIBILITY ON CRIMINAL AND RELATED GROUNDS; WAIVERS- Section 212 (8 U.S.C. 1182), as amended by section 3302, is further amended--

        (A) in subsection (a)(2), as amended by sections 3401 and 3402, is further amended by inserting after subparagraph (J) the following:

        `(K) CRIMES OF DOMESTIC VIOLENCE, STALKING, OR VIOLATION OF PROTECTIVE ORDERS; CRIMES AGAINST CHILDREN-

          `(i) DOMESTIC VIOLENCE, STALKING, AND CHILD ABUSE-

            `(I) IN GENERAL- Any alien who has been convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment, provided the alien served at least 1 year imprisonment for the crime, or provided the alien was convicted of offenses constituting more than 1 such crime, not arising out of a single scheme of criminal misconduct, is inadmissible.

            `(II) CRIME OF DOMESTIC VIOLENCE DEFINED- In this clause, the term `crime of domestic violence' means any crime of violence (as defined in section 16 of title 18, United States Code) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local or foreign government.

          `(ii) VIOLATORS OF PROTECTION ORDERS-

            `(I) IN GENERAL- Any alien who at any time is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that constitutes criminal contempt of the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued, is inadmissible.

            `(II) PROTECTION ORDER DEFINED- In this clause, the term `protection order' means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as an independent order in another proceeding.

          `(iii) APPLICABILITY- This subparagraph shall not apply to an alien who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship, upon a determination by the Attorney General or the Secretary of Homeland Security that--

            `(I) the alien was acting in self-defense;

            `(II) the alien was found to have violated a protection order intended to protect the alien; or

            `(III) the alien committed, was arrested for, was convicted of, or pled guilty to committing a crime that did not result in serious bodily injury.';

        (B) in subsection (h)--

          (i) by striking `The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2)' and inserting `The Attorney General or the Secretary of Homeland Security may waive the application of subparagraphs (A)(i)(I), (B), (D), (E), of subsection (a)(2)'; and

          (ii) by inserting `or Secretary of Homeland Security' after `the Attorney General' each place that term appears.

      (2) EFFECTIVE DATE- The amendments made by this subsection shall apply to any acts that occurred on or after the date of the enactment of this Act.

3711
INADMISSIBLE ALIENS