Exercise of Authority Under Section 212(d)(3(B)(i) of the Immigration and Nationality Act; Notice of Determination

• Citation: 84 FR 18108
• Record Number: 2019-08568
• Published date: 29 April 2019
• Section: Notices
• Court: State Department

Federal Register, Volume 84 Issue 82 (Monday, April 29, 2019)

[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
                [Notices]
                [Page 18108]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-08568]
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                DEPARTMENT OF STATE
                [Public Notice: 10739]
                Exercise of Authority Under Section 212(d)(3(B)(i) of the
                Immigration and Nationality Act; Notice of Determination
                 Following consultations with the Secretary of Homeland Security and
                the Attorney General, the Secretary of State hereby concludes, as a
                matter of discretion in accordance with the authority granted 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, and considering the national
                security and foreign policy interests deemed relevant in these
                consultations, that INA section 212(a)(3)(B)(i), 8
                U.S.C.1182(a)(3)(B)(i), excluding subclause (i)(II), shall not apply
                with respect to an alien, for purposes of any visa or other
                immigration-related application, for any activity or association
                relating to the Kataeb militias, 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
                checks;
                 (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 all
                activities or associations falling within the scope of INA section
                212(a)(3)(B)(i), 8 U.S.C. 1182(a)(3)(B)(i);
                 (d) Has not participated in, or knowingly provided material support
                to, terrorist activities that targeted noncombatant persons, or U.S.
                interests;
                 (e) Has not engaged in terrorist activity, not otherwise exempted,
                outside the context of the Lebanese civil war of 1975-1990;
                 (f) Poses no danger to the safety and security of the United
                States; and
                 (g) Warrants an exemption from the relevant inadmissibility
                provisions in the totality of the circumstances.
                 Implementation of this determination will be made by U.S.
                Citizenship and Immigration Services (USCIS) 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. The exercise of authority described
                herein may be revoked at any time as a matter of discretion and without
                notice. 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 application, 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 is not intended to create any 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 Department of State or by the U.S. Department of
                Homeland Security, shall be provided to the specified congressional
                committees not later than 90 days after the end of the fiscal year.
                 The foregoing determination is based on assessments related to the
                national security and foreign policy interests of the United States as
                they apply to the particular category of persons described herein and
                shall not have any application with respect to any other persons or to
                other provisions of U.S. law.
                 Dated: April 19, 2019.
                Michael R. Pompeo,
                Secretary of State.
                [FR Doc. 2019-08568 Filed 4-26-19; 8:45 am]
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