I
109th CONGRESS
2d Session
H. R. 5918
IN THE HOUSE OF REPRESENTATIVES
July 27, 2006
Mr. Pitts (for himself, Mr. Lantos, Mr. Pence, Mr. Smith of New Jersey, Mr. Souder, Mr. McGovern, Mr. Honda, Mr. Wamp, Mr. McCotter, Mr. Boehlert, Mr. Payne, and Mr. Rohrabacher) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to protect vulnerable refugees and asylum seekers.
Findings
Congress finds the following:
Combating terrorism and promoting freedom from tyranny are inseparable national security priorities of the United States.
Many enemies of freedom, whether state or non-state actors, persecute individuals and groups who stand up for democracy’s ideals.
Providing protection for victims of oppression and terror is a foreign policy objective of the United States.
The Presidential determination to admit a specified number of refugees to the United States each year is a humanitarian act of compassion in keeping with these important principles.
In fiscal year 2006, an estimated 10,000 to 15,000 vulnerable refugees who would otherwise be admitted will be denied entry because of the unintended consequences of overbroad bars on admission.
Those individuals denied admission to the United States include victims of terrorism who are being barred because they were forced under threat of death or serious bodily injury to provide support, such as food, water, or shelter, to armed rebels.
Other individuals are barred due to their membership in or support of groups that have sided with the United States in opposing repressive regimes.
Current law defines terrorist organization so broadly that even the United States military is defined as a terrorist organization any time it enters another country uninvited.
Victims of
terrorism and members of groups that the United States supports and that
support the United States should not be labeled terrorists
and
denied entry to the United States.
Protecting groups
that support the United States or that the United States supports from being
labeled terrorist
In general
Section 212(a)(3)(B)(vi)(III) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(III)) is amended by inserting
before the period at the end the following: and whose activities
threaten the security of United States nationals or the national security of
the United States (as is defined under section 219(d)), as determined by the
Secretary of State, independently or upon the request of the Attorney General
or the Secretary of Homeland Security
.
Savings clause
The failure of the Secretary of State to determine that a group threatens the security of United States nationals or the national security of the United States shall not in any way affect the application of any of the other security and terrorism-related bars on admission to any of the group's members.
Undue coercion and duress exception to material support provision
Section
212(a)(3)(B)(iv)(VI) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(iv)(VI)) is amended, in the matter preceding item (aa), by
inserting (other than as the result of undue coercion or duress)
after to commit an act
.