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  • News: DHS Secretary Notice Of New TRIG Exemptions

    [Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
    [Notices]
    [Pages 21891-21892]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2016-08494]
    
    
    -----------------------------------------------------------------------
    
    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.
    
    -----------------------------------------------------------------------
    
        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
    
    
    
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