Immigration: Terrorist Grounds for Exclusion and Removal of Aliens [December 20, 2005] [open pdf - 110KB]
"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. […] 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,' 'engage in terrorist activity,' and 'terrorist organization,' and describes the terrorism-related grounds for inadmissibility and removal. Where relevant, the report discusses how recently enacted legislation, including the REAL ID Act and the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458), affects these matters. This report also briefly discusses the effects that H.R. 4437, the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005, which was introduced by Representative James Sensenbrenner on December 6, 2005 and passed the House as amended on December 16, 2005 by a vote of 239-to-182, would have upon the terrorism-related provisions of the INA."
CRS Report for Congress, RL32564