Exclusion and Deportation
Revises the grounds for exclusion, repealing or revising some of the current bases.
Sets forth classes of excludable aliens under the following nine categories:
(1) health-related grounds;
(2) criminal and related grounds;
(3) security and related grounds;
(4) public charge;
(5) labor certification and qualifications for certain immigrants;
(6) illegal entrants and immigration violators;
(7) documentation requirements;
(8) ineligible for citizenship; and
Provides for the exclusion, on health-related grounds, of aliens determined, in accordance with regulations prescribed by the Secretary of Health and Human Services, to:
(1) have a communicable disease of public health significance (with possible discretionary waivers for certain relatives of U.S. citizens or permanent resident aliens);
(2) have, or have had, a physical or mental disorder and associated behavior, or a history of such behavior, which poses a threat (with possible discretionary waiver under specified conditions); or
(3) be a drug abuser or addict.
Provides for exclusion of aliens on criminal and related grounds (similar to current law) under the following headings:
(1) conviction of certain crimes involving moral turpitude (other than a purely political offense), or drug violations;
(2) multiple criminal convictions;
(3) controlled substance traffickers;
(4) prostitution and commercialized vice (but adds a ten-year statute of limitations with respect to these); and
(5) certain aliens involved in serious criminal activity who have asserted immunity from prosecution.
Makes exceptions and authorizes waivers under specified conditions.
Provides for exclusion on security and related grounds of:
(1) any alien who will enter the United States to perpetrate espionage, sabotage, or prohibited exporting of goods, technology, or sensitive information, or any other unlawful activity, to oppose, control, or overthrow the U.S. Government by force, violence, or other unlawful means;
(2) any alien who has engaged in defined terrorist activities, or is likely to engage in such activities;
(3) 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 (with specified exceptions);
(4) an immigrant with membership or affiliation with a totalitarian party (with specified exceptions for involuntary membership, certain past membership, and close family members); and
(5) participants in Nazi persecutions or in genocide.
Provides for exclusion of aliens (in terms similar to current law) in the following categories:
(1) an alien who is likely to become a public charge;
(2) those who do not meet special rules for labor certification of teachers, scientists, and artists or qualifications for foreign medical school graduates;
(3) illegal entrants and immigration violators (with revised provisions for aliens previously deported, certain aliens previously removed, aliens seeking benefit from misrepresentation, stowaways, and smugglers of undocumented aliens, as well as aliens subject to specified civil penalties);
(4) those who do not meet certain documentation requirements for immigrant or nonimmigrant visas; and
(5) those who are ineligible for citizenship.
Makes ineligible for citizenship those who are permanently ineligible, and certain draft evaders.
Sets forth under the miscellaneous category of excludables:
(1) practicing polygamists;
(2) guardians required to accompany excluded aliens; and
(3) aliens who engage in international child abduction.
Requires, in cases of denial based on any of the grounds for exclusion, that the immigration or consular officer provide the alien with timely written notice that states such determination and lists the specific provisions under which the alien is excludable or ineligible for entry or adjustment of status.
Provides for review of exclusion lists.
Directs the Attorney General and the Secretary of State to:
(1) develop protocols and guidelines for updating lookout books and the automated visa lookout system and similar mechanisms for screening aliens applying for visas or admission; and
(2) ensure removal from such books and system of names of aliens who are no longer excludable because of an amendment made by this Act. Revises the grounds for deportation, repealing or revising some of the current bases.
Sets forth classes of deportable aliens (including alien crewmembers) under the following five categories (most of which are similar to current law):
(1) excludable at time of entry or of adjustment of status or violates status;
(2) criminal offenses;
(3) failure to register and falsification of documents;
(4) security and related grounds; and
(5) public charge (similar to current law).