[Federal Register Volume 87, Number 120 (Thursday, June 23, 2022)]


[Pages 37522-37523]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2022-13473]





Office of the Secretary


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, DOS; Office of the Secretary, DHS.


ACTION: Notice of determination.




    Following consultations with the Attorney General, the Secretary of

State and Secretary of Homeland Security have determined that the

grounds of inadmissibility at section 212(a)(3)(B) of the Immigration

and Nationality Act (INA), 8 U.S.C. 1182(a)(3)(B), bar certain

individuals 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. Of particular concern, these grounds of

inadmissibility bar some individuals who actively assisted U.S. efforts

in Afghanistan and now seek and deserve the protection of our


    Accordingly, consistent with prior exercises of the exemption

authority, the Secretary of State and the Secretary of Homeland

Security hereby conclude, 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, after

considering the foreign policy and national security interests deemed

relevant in these consultations, that section 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 individual for any activity or association relating

to actions:

    (1) Directed against the Afghan Taliban or Afghan Taliban-

affiliated militia groups;

    (2) Directed against any other organization that was engaged in

violent activities that targeted the United States or allied entities,

including (a) any entity or contractor of the United States government

or any individual employed by or on behalf of the United States

government, (b) the International Security Assistance Force (ISAF) or

any successor name of such Force, (c) the United Nations, or (d) the

government of the Islamic Republic of Afghanistan or the Afghan

Transitional Authority during the time period from December 22, 2001 to

August 15, 2021; or

    (3) Directed against the army of the Union of Soviet Socialist

Republics (USSR) or the government of the Democratic Republic of

Afghanistan between April 27, 1978 and April 28, 1992,


provided that the individual satisfies the relevant agency authority

that the individual:

    (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


    (c) Has fully disclosed, to the best of their knowledge to relevant

U.S. government entities, the nature and circumstances of all

activities or associations falling within the scope of section

212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B);

    (d) Has not participated in, or provided material support for the

commission of, a terrorist activity that they knew or reasonably should

have known targeted noncombatant persons or U.S. interests;

    (e) Is not otherwise inadmissible under section 212(a)(3)(B) of the

INA, 8 U.S.C. 1182(a)(3)(B), for which no exemption applies;

    (f) Has not been indicted by any international tribunal or the

International Criminal Court;

    (g) Has not voluntarily and knowingly engaged in any terrorist

activities on behalf of, or provided any material support to any

organization which has ever been designated a terrorist organization as

described in section 212(a)(3)(B)(vi)(I) or (II) of the INA, at any

time, including prior to that organization's designation, unless the

activities are otherwise exempted;

    (h) Has not committed, ordered, incited, assisted, or otherwise

participated in acts of torture, as defined in 18 U.S.C. 2441(d)(1)(A),

or genocide, as defined in 18 U.S.C. 1091(a); or recruited or used

child soldiers, as described in 18 U.S.C. 2442;

    (i) Has not been identified in either Executive Order 13224, as

amended, or otherwise designated by the Secretary of State or the

Secretary of the Treasury pursuant to the Specially Designated

Nationals List (SDNL), or in lists established by United Nations

Security Council Committee pursuant to Resolutions 1267 (1999) or 1988

(2011) concerning Al-Qaida and the Taliban and associated individuals

and entities;

    (j) Poses no danger to the safety and security of the United

States; and

    (k) 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) or by U.S. consular

officers, as applicable, and in consultation with relevant U.S.

government entities, 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 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 individuals 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


[[Page 37523]]


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.

    Authority: 8 U.S.C. 1182(d)(3)(B)(i).


    Dated: June 8, 2022.

Alejandro N. Mayorkas,

Secretary, U.S. Department of Homeland Security.


    Dated: June 8, 2022.

Antony J. Blinken,

Secretary, U.S. Department of State.

[FR Doc. 2022-13473 Filed 6-21-22; 11:15 am]