Section 1 Short title
This Act may be cited as the “No Safe Haven for Terrorist Families Act”.
No Safe Haven for Terrorist Families Act
A BILL
To establish a new ground for inadmissibility for close relatives of foreign terrorists.
Sec. 2 Findings
Congress finds the following:
The United States has a sovereign right and duty to protect its national security by denying safe haven to individuals whose close family ties to enemies of the United States create unacceptable risks.
Current inadmissibility provisions related to terrorism are too narrow and discretionary to systematically evaluate the inadmissibility of—
family members of designated terrorists;
senior officials of state sponsors of terrorism and other foreign adversaries; and
sanctioned kleptocrats.
Close family members of active threats often share access to networks, resources, and influence that can harm the United States.
Providing visas, lawful permanent residence, or other immigration benefits to close relatives of individuals referred to in paragraph (2) undermines our national security and emboldens our foreign adversaries.
Sec. 3 Inadmissibility and deportability of covered family members of covered foreign threat actors
Inadmissibility— Section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) is amended—
in paragraph (3)(B), by adding at the end the following: “This subparagraph may not be construed to limit the application of paragraph (11)”; and
by adding at the end the following:
“(11) Covered family members of covered foreign threat actors
“(A) In general—Any alien who is a covered family member of a covered foreign threat actor is inadmissible.
“(B) Definitions—In this paragraph:
“(i) Covered family member—The term covered family member means any alien who is—
“(I) the spouse or former spouse of a covered foreign threat actor;
“(II) a parent or parent-in-law of a covered foreign threat actor;
“(III) a child or stepchild of a covered foreign threat actor (whether or not such relationship is current);
“(IV) a sibling (including a half-blood sibling) of a covered foreign threat actor;
“(V) a grandparent or grandchild of a covered foreign threat actor; or
“(VI) a niece or nephew of a covered foreign threat actor.
“(ii) Covered foreign threat actor—The term covered foreign threat actor means any individual who—
“(I) is or was designated as a Specially Designated Global Terrorist under Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism) or any successor authority;
“(II) is or was a senior leader or official (at the director level or higher) of a foreign terrorist organization so designated under section 219(a);
“(III) is or was a senior official (at the deputy minister level or higher, or equivalent) of the government of—
“(aa) a state sponsor of terrorism so designated under section 1754(c) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)) or any successor provision; or
“(bb) any country that is a foreign adversary (as defined in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c)), including the Islamic Republic of Iran, the People’s Republic of China, the Russian Federation, the Democratic People’s Republic of Korea, and the Republic of Cuba; or
“(IV) is or was sanctioned under the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et seq.), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), or any other Federal law for significant corruption, kleptocracy, or human rights abuses directly tied to a hostile foreign government or regime.
“(C) Retroactive application—This paragraph shall apply to any alien regardless of when the family relationship was formed or when the covered foreign threat actor was so designated.”
Deportability— Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended by adding at the end the following:
“(8) Covered family members of covered foreign threat actors—Any alien described in section 212(a)(11)(A) is deportable.”
Sec. 4 Mandatory visa revocation and removal
Visa revocation— Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended by adding at the end the following: “The Secretary of State shall revoke any visa or other documentation previously issued to any alien who is inadmissible under section 212(a)(11) not later than 30 days after such alien's inadmissibility has been determined.”.
Removal proceedings— Any alien within the United States who is inadmissible under section 212(a)(11) of the Immigration and Nationality Act, as added by section 3, shall be subject to removal proceedings in accordance with section 240 of such Act (8 U.S.C. 1229a). The Secretary of Homeland Security shall prioritize the removal of all such aliens.
No discretionary relief— Aliens who are inadmissible under section 212(a)(11) of the Immigration and Nationality Act, as added by section 3, are not eligible for cancellation of removal, adjustment of status, or any other form of discretionary relief from removal, except as expressly provided in this Act.
Sec. 5 Implementation and reporting
Screening requirements— Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Homeland Security shall implement enhanced screening procedures to identify covered family relationships using all available intelligence, law enforcement, and sanctions databases.
Annual report— Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit a report to the appropriate congressional committees that includes, with respect to the reporting period—
the number of aliens who were determined to be inadmissible under section 212(a)(11) of the Immigration and Nationality Act, as added by section 3;
the number of visas issued to aliens described in paragraph (1) that were revoked;
the number of removals of aliens described in paragraph (1) that were carried out; and
a summary of any waivers granted to aliens described in paragraph (1), including a justification for each such waiver.
Sec. 6 Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this Act.
Sec. 7 Effective date
This Act shall—
take effect on the date of the enactment of this Act; and
apply to—
all applications for visas, admissions, and adjustments of status pending on or after such date; and
all aliens who were previously admitted to the United States or granted lawful status in the United States.