DHS Publishes Notice On Exercise Of Authority Under The INA (Immigration and Nationality Act)

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[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Pages 70463-70464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29316]



Office of the Secretary

Exercise of Authority Under the Immigration and Nationality Act

AGENCY: Office of the Secretary, DHS.

ACTION: Notice of determination.


    Authority: 8 U.S.C. 1182(d)(3)(B)(i).

    Following consultations with the Secretary of State and the
Attorney General, I hereby conclude, as a matter of discretion in
accordance with the authority granted to me 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, as well as the foreign policy and
national security interests deemed relevant in these consultations,
that subsections 212(a)(3)(B)(iv)(VI)(bb), (cc), and (dd) of the INA, 8
U.S.C. 1182(a)(3)(B)(iv)(VI)(bb), (cc), and (dd), shall not apply with
respect to the provision of medical care by an alien, provided that the
alien satisfies the relevant agency authority that the alien:
    (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
    (c) Has fully disclosed, to the best of his or her knowledge, in
all relevant applications and interviews with U.S. government
representatives and agents, the nature and circumstances of any medical
care 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);

    (d) Has not voluntarily and knowingly provided medical care on
behalf of a designated terrorist organization, as described in INA
section 212(a)(3)(B)(vi)(I) or (II);
    (e) Has not voluntarily and knowingly provided medical care with
the intent of furthering the terrorist or otherwise violent activities
of an organization or individual;
    (f) Poses no danger to the safety and security of the United
States; and
    (g) Warrants an exemption from the relevant inadmissibility
provision 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.
    When considering the totality of the circumstances, factors to be
considered may include, among others: The purpose, extent, frequency,
and nature of the medical care provided; the circumstances under which
it was provided; the alien's involvement with the terrorist
organization, including past or present membership and role in the
organization; the nature of the activities committed by the terrorist
organization; the alien's awareness of those activities; and the
alien's conduct since providing the medical care.
    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 applications, 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 aliens 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.

    Dated: October 13, 2011.
Janet Napolitano,
Secretary of Homeland Security.
[FR Doc. 2011-29316 Filed 11-10-11; 8:45 am]