RL32564
Immigration: Terrorist Grounds for Exclusion of Aliens
May 05, 2005

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U.S. Department of State

Summary:

The Immigration and Nationality Act (INA) spells out a strict set of admissions criteria and exclusion rules for all foreign nationals, whether coming permanently as immigrants (i.e., legal permanent residents) or temporarily as nonimmigrants. Notably, any alien who has engaged in or incited terrorist activity, is reasonably believed to be carrying out a terrorist activity, or is a representative or member of a designated foreign terrorist organization is inadmissible. After the September 11, 2001 terrorist attacks, the INA was broadened to deny entry to representatives of groups that endorse terrorism, prominent individuals who endorse terrorism, and spouses and children of aliens who are removable on terrorism grounds (on the basis of activities occurring within the previous five years). The INA also contains grounds for inadmissibility based on foreign policy concerns. The report of the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission) concluded that the key officials responsible for determining alien admissions (consular officers abroad and immigration inspectors in the United States) were not considered full partners in counterterrorism efforts prior to September 11, 2001, and as a result, opportunities to intercept the September 11 terrorists were missed. The 9/11 Commission's monograph, 9/11 and Terrorist Travel, underscored the importance of the border security functions of immigration law and policy. This report opens with an overview of the grounds for inadmissibility and summarizes key legislation enacted in recent years. The section on current law explains the legal definitions of "terrorist activity," "terrorist organization," and other security-related grounds for inadmissibility and analyzes the legal implications of these provisions. The report then discusses the alien screening process to identify possible terrorists during the visa issuance process abroad and the inspections process at U.S. ports of entry. Where relevant, the report also discusses how recently enacted legislation -- the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458) -- affects these matters. Provisions in the REAL ID Act (H.R. 418), introduced in the 109th Congress by Representative James Sensenbrenner and passed by the House on February 10, 2005, and passed by the House on March 12, 2005 as part of the FY2005 supplemental appropriations for military operations in Iraq and Afghanistan, other foreign aid (H.R. 1268) are also discussed. For legislative analysis of related issues, see CRS Report RL32754, Immigration: Analysis of the Major Provisions of H.R. 418, the REAL ID Act of 2005; CRS Report RL32616, 9/11 Commission: Legislative Action Concerning U.S. Immigration Law and Policy in the 108th Congress; CRS Report RL32399, Border Security: Inspections Practices, Policies and Issues; CRS Report RL32621, U.S. Immigration Policy on Asylum Seekers; CRS Report RL32234, U.S. Visitor and Immigrant Status Indicator Technology Program (US-VISIT); and CRS Report RL31512, Visa Issuances: Policy, Issues, and Legislation. This report will be updated as events require.