81 FR 21891 - Exercise of Authority under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 81, Issue 71 (April 13, 2016)

[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Notices]
[Pages 21891-21892]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08494]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary


Exercise of Authority under Section 212(d)(3)(B)(i) of the 
Immigration and Nationality Act

AGENCY: Office of the Secretary, DHS.

ACTION: Notice of Determination.

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    Authority: 8 U.S.C. 1182(d)(3)(B)(i).
    Following consultations with the Attorney General and the Secretary 
of State, I have determined that the grounds of inadmissibility at sec. 
212(a)(3)(B) of the Immigration and Nationality Act (INA), 8 U.S.C. 
1182(a)(3)(B), bar certain aliens who do not pose a national security 
or public safety risk from admission to the United States and from 
obtaining immigration benefits or other status. Accordingly, consistent 
with prior exercises of the exemption authority, and in consultation 
with the Attorney General and the Secretary of State, I hereby 
conclude, as a matter of discretion in accordance with the authority 
granted by sec. 212(d)(3)(B)(i) of the 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 sec. 
212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B), excluding subclause 
(i)(II), shall not apply with respect to an alien for any activity or 
association relating to the following groups:
 All Burma Muslim Union
 Arakan Army
 Hongsawatoi Restoration Army/Party
 Kachin Independence Army
 Kachin Independence Organization
 Karen National Defense Organization
 Karenni Nationalities People's Liberation Front
 Kawthoolei Muslim Liberation Front
 Kuki National Army
 Mon National Liberation Army
 Mon National Warrior Army
 Myeik-Dawei United Front
 National Democratic Front
 National United Party of Arakan
 New Democratic Army Kachin
 New Mon State Party
 Parliamentary Democracy Party
 People's Democratic Front
 Ramanya Restoration Army
 Shan State Army
 Zomi Reunification Organization/Zomi Revolutionary Army 
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 activities 
or association falling within the scope of sec. 212(a)(3)(B) of the 
INA, 8 U.S.C. 1182(a)(3)(B);
    (d) has not participated in, or knowingly provided material support 
to, terrorist activities that targeted noncombatant persons or U.S. 
interests;
    (e) poses no danger to the safety and security of the United 
States; and
    (f) warrants an exemption from the relevant inadmissibility 
provision(s) 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.
    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 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 creates no substantive or procedural right or 
benefit that is legally enforceable by any party against the

[[Page 21892]]

United States or its agencies or officers or any other person.
    In accordance with sec. 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.

Jeh Charles Johnson,
Secretary.
[FR Doc. 2016-08494 Filed 4-12-16; 8:45 am]
 BILLING CODE 9110-9M-P