Immigration: Analysis of the Major Provisions of H.R. 418, the REAL ID Act of 2005 Page: 25 of 37
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CRS-22
Espousalof Terrorist Activity. An alien who espouses or endorses terrorist
activity, or persuades others to support terrorist activity or a terrorist organization,
would be deportable as well as inadmissible if H.R. 418 were enacted. As discussed
previously, this ground for inadmissibility/deportability does not include a mens rea
requirement, meaning that an alien who persuades others to support a terrorist
organization would be considered deportable even if the alien had no knowledge of
the organization's terrorist activities.
Receiving Military-Type Training from or on Behalf of a Terrorist
Organization. Section 104(b) H.R. 418 would repeal the current grounds for
deportability on account of receiving military-type training from or on behalf of a
terrorist organization designated by the Secretary of State. Instead, the provision
added by H.R. 418 making aliens who receive military-type training from or on
behalf of any terrorist organization (i.e., not simply those designated as such by the
Secretary of State) inadmissible would also be grounds for deporting an alien. Given
H.R. 418's amendments to the INA's definition of "terrorist organization" and the
terror-related grounds for inadmissibility, it appears that an alien who receives
military-type training from or on behalf of a terrorist organization would be
deportable regardless of whether the alien was aware that the organization was
engaged in terrorist activity.
Deportability of a Spouse or Child of an Alien Inadmissible on
Terror-Related Grounds. H.R. 418 would make the spouse or child of an alien
inadmissible on terror-related grounds deportable, if the terror-related activity
causing the alien to be inadmissible occurred within the last five years, unless the
alien's spouse or child (1) did not and should not have reasonably known about the
terrorist activity or (2) in the reasonable belief of the consular officer or Attorney
General, has renounced the terror-related activity causing the alien to be found
inadmissible.
Association with a Terrorist Organization as Grounds for
Deportability. H.R. 418 would make an alien deportable on the same grounds that
the alien would be inadmissible pursuant to INA 212(a)(3)(F). Accordingly, an
alien would be deportable if the Secretary of State, after consultation with the
Attorney General, or the Attorney General, after consultation with the Secretary of
State, determines that the alien has been associated with a terrorist organization and
intends while in the United States to engage solely, principally, or incidentally inactivities that could endanger the welfare, safety, or security of the United States.
Effective Date of Proposed Changes to the Terror-Related Grounds
for Deportability. Pursuant to 104(a)(2) of H.R. 418, the proposed changes to
the terror-related grounds for deportability would be effective on the date of H.R.
418's enactment, and would apply to acts and conditions constituting a ground for
removal occurring or existing before or after H.R. 418's enactment.
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Garcia, Michael J.; Lee, Margaret M. & Tatelman, Todd B. Immigration: Analysis of the Major Provisions of H.R. 418, the REAL ID Act of 2005, report, February 2, 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metacrs7892/m1/25/?q=%22immigration%22: accessed April 30, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.