Posts Tagged ‘Politics’

Executive Order: Border Security and Immigration Enforcement Improvements

January 30, 2017

https://www.whitehouse.gov/the-press-office/2017/01/25/executive-order-border-security-and-immigration-enforcement-improvements

EXECUTIVE ORDER

– – – – – – –

BORDER SECURITY AND IMMIGRATION ENFORCEMENT IMPROVEMENTS

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) (INA), the Secure Fence Act of 2006 (Public Law 109 367) (Secure Fence Act), and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104 208 Div. C) (IIRIRA), and in order to ensure the safety and territorial integrity of the United States as well as to ensure that the Nation’s immigration laws are faithfully executed, I hereby order as follows:

Section 1.  Purpose.  Border security is critically important to the national security of the United States.  Aliens who illegally enter the United States without inspection or admission present a significant threat to national security and public safety.  Such aliens have not been identified or inspected by Federal immigration officers to determine their admissibility to the United States.  The recent surge of illegal immigration at the southern border with Mexico has placed a significant strain on Federal resources and overwhelmed agencies charged with border security and immigration enforcement, as well as the local communities into which many of the aliens are placed.

Transnational criminal organizations operate sophisticated drug- and human-trafficking networks and smuggling operations on both sides of the southern border, contributing to a significant increase in violent crime and United States deaths from dangerous drugs.  Among those who illegally enter are those who seek to harm Americans through acts of terror or criminal conduct.  Continued illegal immigration presents a clear and present danger to the interests of the United States.

Federal immigration law both imposes the responsibility and provides the means for the Federal Government, in cooperation with border States, to secure the Nation’s southern border.  Although Federal immigration law provides a robust framework for Federal-State partnership in enforcing our immigration laws    and the Congress has authorized and provided appropriations to secure our borders    the Federal Government has failed to discharge this basic sovereign responsibility.  The purpose of this order is to direct executive departments and agencies (agencies) to deploy all lawful means to secure the Nation’s southern border, to prevent further illegal immigration into the United States, and to repatriate illegal aliens swiftly, consistently, and humanely.

Sec. 2.  Policy.  It is the policy of the executive branch to:

(a)  secure the southern border of the United States through the immediate construction of a physical wall on the southern border, monitored and supported by adequate personnel so as to prevent illegal immigration, drug and human trafficking, and acts of terrorism;

(b)  detain individuals apprehended on suspicion of violating Federal or State law, including Federal immigration law, pending further proceedings regarding those violations;

(c)  expedite determinations of apprehended individuals’ claims of eligibility to remain in the United States;

(d)  remove promptly those individuals whose legal claims to remain in the United States have been lawfully rejected, after any appropriate civil or criminal sanctions have been imposed; and

(e)  cooperate fully with States and local law enforcement in enacting Federal-State partnerships to enforce Federal immigration priorities, as well as State monitoring and detention programs that are consistent with Federal law and do not undermine Federal immigration priorities.

Sec. 3.  Definitions.  (a)  “Asylum officer” has the meaning given the term in section 235(b)(1)(E) of the INA (8 U.S.C. 1225(b)(1)).

(b)  “Southern border” shall mean the contiguous land border between the United States and Mexico, including all points of entry.

(c)  “Border States” shall mean the States of the United States immediately adjacent to the contiguous land border between the United States and Mexico.

(d)  Except as otherwise noted, “the Secretary” shall refer to the Secretary of Homeland Security.

(e)  “Wall” shall mean a contiguous, physical wall or other similarly secure, contiguous, and impassable physical barrier.

(f)  “Executive department” shall have the meaning given in section 101 of title 5, United States Code.

(g)  “Regulations” shall mean any and all Federal rules, regulations, and directives lawfully promulgated by agencies.

(h)  “Operational control” shall mean the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband.

Sec. 4.  Physical Security of the Southern Border of the United States.  The Secretary shall immediately take the following steps to obtain complete operational control, as determined by the Secretary, of the southern border:

(a)  In accordance with existing law, including the Secure Fence Act and IIRIRA, take all appropriate steps to immediately plan, design, and construct a physical wall along the southern border, using appropriate materials and technology to most effectively achieve complete operational control of the southern border;

(b)  Identify and, to the extent permitted by law, allocate all sources of Federal funds for the planning, designing, and constructing of a physical wall along the southern border;

(c)  Project and develop long-term funding requirements for the wall, including preparing Congressional budget requests for the current and upcoming fiscal years; and

(d)  Produce a comprehensive study of the security of the southern border, to be completed within 180 days of this order, that shall include the current state of southern border security, all geophysical and topographical aspects of the southern border, the availability of Federal and State resources necessary to achieve complete operational control of the southern border, and a strategy to obtain and maintain complete operational control of the southern border.

Sec. 5.  Detention Facilities.  (a)  The Secretary shall take all appropriate action and allocate all legally available resources to immediately construct, operate, control, or establish contracts to construct, operate, or control facilities to detain aliens at or near the land border with Mexico.

(b)  The Secretary shall take all appropriate action and allocate all legally available resources to immediately assign asylum officers to immigration detention facilities for the purpose of accepting asylum referrals and conducting credible fear determinations pursuant to section 235(b)(1) of the INA (8 U.S.C. 1225(b)(1)) and applicable regulations and reasonable fear determinations pursuant to applicable regulations.

(c)  The Attorney General shall take all appropriate action and allocate all legally available resources to immediately assign immigration judges to immigration detention facilities operated or controlled by the Secretary, or operated or controlled pursuant to contract by the Secretary, for the purpose of conducting proceedings authorized under title 8, chapter 12, subchapter II, United States Code.

Sec. 6.  Detention for Illegal Entry.  The Secretary shall immediately take all appropriate actions to ensure the detention of aliens apprehended for violations of immigration law pending the outcome of their removal proceedings or their removal from the country to the extent permitted by law.  The Secretary shall issue new policy guidance to all Department of Homeland Security personnel regarding the appropriate and consistent use of lawful detention authority under the INA, including the termination of the practice commonly known as “catch and release,” whereby aliens are routinely released in the United States shortly after their apprehension for violations of immigration law.

Sec. 7.  Return to Territory.  The Secretary shall take appropriate action, consistent with the requirements of section 1232 of title 8, United States Code, to ensure that aliens described in section 235(b)(2)(C) of the INA (8 U.S.C. 1225(b)(2)(C)) are returned to the territory from which they came pending a formal removal proceeding.

Sec. 8.  Additional Border Patrol Agents.  Subject to available appropriations, the Secretary, through the Commissioner of U.S. Customs and Border Protection, shall take all appropriate action to hire 5,000 additional Border Patrol agents, and all appropriate action to ensure that such agents enter on duty and are assigned to duty stations as soon as is practicable.

Sec. 9.  Foreign Aid Reporting Requirements.  The head of each executive department and agency shall identify and quantify all sources of direct and indirect Federal aid or assistance to the Government of Mexico on an annual basis over the past five years, including all bilateral and multilateral development aid, economic assistance, humanitarian aid, and military aid.  Within 30 days of the date of this order, the head of each executive department and agency shall submit this information to the Secretary of State.  Within 60 days of the date of this order, the Secretary shall submit to the President a consolidated report reflecting the levels of such aid and assistance that has been provided annually, over each of the past five years.

Sec. 10.  Federal-State Agreements.  It is the policy of the executive branch to empower State and local law enforcement agencies across the country to perform the functions of an immigration officer in the interior of the United States to the maximum extent permitted by law.

(a)  In furtherance of this policy, the Secretary shall immediately take appropriate action to engage with the Governors of the States, as well as local officials, for the purpose of preparing to enter into agreements under section 287(g) of the INA (8 U.S.C. 1357(g)).

(b)  To the extent permitted by law, and with the consent of State or local officials, as appropriate, the Secretary shall take appropriate action, through agreements under section 287(g) of the INA, or otherwise, to authorize State and local law enforcement officials, as the Secretary determines are qualified and appropriate, to perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens in the United States under the direction and the supervision of the Secretary.  Such authorization shall be in addition to, rather than in place of, Federal performance of these duties.

(c)  To the extent permitted by law, the Secretary may structure each agreement under section 287(g) of the INA in the manner that provides the most effective model for enforcing Federal immigration laws and obtaining operational control over the border for that jurisdiction.

Sec. 11.  Parole, Asylum, and Removal.  It is the policy of the executive branch to end the abuse of parole and asylum provisions currently used to prevent the lawful removal of removable aliens.

(a)  The Secretary shall immediately take all appropriate action to ensure that the parole and asylum provisions of Federal immigration law are not illegally exploited to prevent the removal of otherwise removable aliens.

(b)  The Secretary shall take all appropriate action, including by promulgating any appropriate regulations, to ensure that asylum referrals and credible fear determinations pursuant to section 235(b)(1) of the INA (8 U.S.C. 1125(b)(1)) and 8 CFR 208.30, and reasonable fear determinations pursuant to 8 CFR 208.31, are conducted in a manner consistent with the plain language of those provisions.

(c)  Pursuant to section 235(b)(1)(A)(iii)(I) of the INA, the Secretary shall take appropriate action to apply, in his sole and unreviewable discretion, the provisions of section 235(b)(1)(A)(i) and (ii) of the INA to the aliens designated under section 235(b)(1)(A)(iii)(II).

(d)  The Secretary shall take appropriate action to ensure that parole authority under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) is exercised only on a case-by-case basis in accordance with the plain language of the statute, and in all circumstances only when an individual demonstrates urgent humanitarian reasons or a significant public benefit derived from such parole.

(e)  The Secretary shall take appropriate action to require that all Department of Homeland Security personnel are properly trained on the proper application of section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) and section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)), to ensure that unaccompanied alien children are properly processed, receive appropriate care and placement while in the custody of the Department of Homeland Security, and, when appropriate, are safely repatriated in accordance with law.

Sec. 12.  Authorization to Enter Federal Lands.  The Secretary, in conjunction with the Secretary of the Interior and any other heads of agencies as necessary, shall take all appropriate action to:

(a)  permit all officers and employees of the United States, as well as all State and local officers as authorized by the Secretary, to have access to all Federal lands as necessary and appropriate to implement this order; and

(b)  enable those officers and employees of the United States, as well as all State and local officers as authorized by the Secretary, to perform such actions on Federal lands as the Secretary deems necessary and appropriate to implement this order.

Sec. 13.  Priority Enforcement.  The Attorney General shall take all appropriate steps to establish prosecution guidelines and allocate appropriate resources to ensure that Federal prosecutors accord a high priority to prosecutions of offenses having a nexus to the southern border.

Sec. 14.  Government Transparency.  The Secretary shall, on a monthly basis and in a publicly available way, report statistical data on aliens apprehended at or near the southern border using a uniform method of reporting by all Department of Homeland Security components, in a format that is easily understandable by the public.

Sec. 15.  Reporting.  Except as otherwise provided in this order, the Secretary, within 90 days of the date of this order, and the Attorney General, within 180 days, shall each submit to the President a report on the progress of the directives contained in this order.

Sec. 16.  Hiring.  The Office of Personnel Management shall take appropriate action as may be necessary to facilitate hiring personnel to implement this order.

Sec. 17.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,
January 25, 2017.

H.R.2029 – Consolidated Appropriations Act, 2016

January 30, 2017

https://www.congress.gov/bill/114th-congress/house-bill/2029/text

 

8 U.S. Code § 1182 – Inadmissible aliens

January 30, 2017

https://www.law.cornell.edu/uscode/text/8/1182

(a) Classes of aliens ineligible for visas or admissionExcept as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(1) Health-related grounds

(A) In generalAny alien—

(i)

who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance; [1]
(ii)

except as provided in subparagraph (C), who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,
(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)—

(I)

to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or
(II)

to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or
(iv)

who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict,
is inadmissible.
(B) Waiver authorized

For provision authorizing waiver of certain clauses of subparagraph (A), see subsection (g).

(C) Exception from immunization requirement for adopted children 10 years of age or youngerClause (ii) of subparagraph (A) shall not apply to a child who—

(i)

is 10 years of age or younger,
(ii)

is described in subparagraph (F) or (G) of section 1101(b)(1) of this title; 1 and
(iii)

is seeking an immigrant visa as an immediate relative under section 1151(b) of this title,
if, prior to the admission of the child, an adoptive parent or prospective adoptive parent of the child, who has sponsored the child for admission as an immediate relative, has executed an affidavit stating that the parent is aware of the provisions of subparagraph (A)(ii) and will ensure that, within 30 days of the child’s admission, or at the earliest time that is medically appropriate, the child will receive the vaccinations identified in such subparagraph.
(2) Criminal and related grounds

(A) Conviction of certain crimes

(i) In generalExcept as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of—

(I)

a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or
(II)

a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21),
 is inadmissible.
(ii) ExceptionClause (i)(I) shall not apply to an alien who committed only one crime if—

(I)

the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or
(II)

the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
(B) Multiple criminal convictions

Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.

(C) Controlled substance traffickersAny alien who the consular officer or the Attorney General knows or has reason to believe—

(i)

is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 802 of title 21), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so; or
(ii)

is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity,
is inadmissible.
(D) Prostitution and commercialized viceAny alien who—

(i)

is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status,
(ii)

directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution, or
(iii)

is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution,
is inadmissible.
(E) Certain aliens involved in serious criminal activity who have asserted immunity from prosecutionAny alien—

(i)

who has committed in the United States at any time a serious criminal offense (as defined in section 1101(h) of this title),
(ii)

for whom immunity from criminal jurisdiction was exercised with respect to that offense,
(iii)

who as a consequence of the offense and exercise of immunity has departed from the United States, and
(iv)

who has not subsequently submitted fully to the jurisdiction of the court in the United States having jurisdiction with respect to that offense,
is inadmissible.
(F) Waiver authorized

For provision authorizing waiver of certain subparagraphs of this paragraph, see subsection (h).

(G) Foreign government officials who have committed particularly severe violations of religious freedom

Any alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time, particularly severe violations of religious freedom, as defined in section 6402 of title 22, is inadmissible.

(H) Significant traffickers in persons

(i) In general

Any alien who commits or conspires to commit human trafficking offenses in the United States or outside the United States, or who the consular officer, the Secretary of Homeland Security, the Secretary of State, or the Attorney General knows or has reason to believe is or has been a knowing aider, abettor, assister, conspirator, or colluder with such a trafficker in severe forms of trafficking in persons, as defined in the section 7102 of title 22, is inadmissible.

(ii) Beneficiaries of trafficking

Except as provided in clause (iii), any alien who the consular officer or the Attorney General knows or has reason to believe is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible.

(iii) Exception for certain sons and daughters

Clause (ii) shall not apply to a son or daughter who was a child at the time he or she received the benefit described in such clause.

(I) Money launderingAny alien—

(i)

who a consular officer or the Attorney General knows, or has reason to believe, has engaged, is engaging, or seeks to enter the United States to engage, in an offense which is described in section 1956 or 1957 of title 18(relating to laundering of monetary instruments); or
(ii)

who a consular officer or the Attorney General knows is, or has been, a knowing aider, abettor, assister, conspirator, or colluder with others in an offense which is described in such section;
is inadmissible.
(3) Security and related grounds

(A) In generalAny alien who a consular officer or the Attorney General knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in—

(i)

any activity (I) to violate any law of the United States relating to espionage or sabotage or (II) to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information,
(ii)

any other unlawful activity, or
(iii)

any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means,
is inadmissible.
(B) Terrorist activities

(i) In generalAny alien who—

(I)

has engaged in a terrorist activity;
(II)

a consular officer, the Attorney General, or the Secretary of Homeland Security knows, or has reasonable ground to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in clause (iv));
(III)

has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity;
(IV) is a representative (as defined in clause (v)) of—

(aa)

a terrorist organization (as defined in clause (vi)); or
(bb)

a political, social, or other group that endorses or espouses terrorist activity;
(V)

is a member of a terrorist organization described in subclause (I) or (II) of clause (vi);
(VI)

is a member of a terrorist organization described in clause (vi)(III), unless the alien can demonstrate by clear and convincing evidence that the alien did not know, and should not reasonably have known, that the organization was a terrorist organization;
(VII)

endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization;
(VIII)

has received military-type training (as defined in section 2339D(c)(1) of title 18) from or on behalf of any organization that, at the time the training was received, was a terrorist organization (as defined in clause (vi)); or
(IX)

is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years,
 is inadmissible. An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this chapter, to be engaged in a terrorist activity.
(ii) ExceptionSubclause (IX) of clause (i) does not apply to a spouse or child—

(I)

who did not know or should not reasonably have known of the activity causing the alien to be found inadmissible under this section; or
(II)

whom the consular officer or Attorney General has reasonable grounds to believe has renounced the activity causing the alien to be found inadmissible under this section.
(iii) “Terrorist activity” definedAs used in this chapter, the term “terrorist activity” means any activity which is unlawful under the laws of the place where it is committed (or which, if it had been committed in the United States, would be unlawful under the laws of the United States or any State) and which involves any of the following:

(I)

The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle).
(II)

The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained.
(III)

A violent attack upon an internationally protected person (as defined in section 1116(b)(4) of title 18) or upon the liberty of such a person.
(IV)

An assassination.
(V) The use of any—

(a)

biological agent, chemical agent, or nuclear weapon or device, or
(b)

explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain),
  with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property.
(VI)

A threat, attempt, or conspiracy to do any of the foregoing.
(iv) “Engage in terrorist activity” definedAs used in this chapter, the term “engage in terrorist activity” means, in an individual capacity or as a member of an organization—

(I)

to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity;
(II)

to prepare or plan a terrorist activity;
(III)

to gather information on potential targets for terrorist activity;
(IV) to solicit funds or other things of value for—

(aa)

a terrorist activity;
(bb)

a terrorist organization described in clause (vi)(I) or (vi)(II); or
(cc)

a terrorist organization described in clause (vi)(III), unless the solicitor can demonstrate by clear and convincing evidence that he did not know, and should not reasonably have known, that the organization was a terrorist organization;
(V) to solicit any individual—

(aa)

to engage in conduct otherwise described in this subsection;
(bb)

for membership in a terrorist organization described in clause (vi)(I) or (vi)(II); or
(cc)

for membership in a terrorist organization described in clause (vi)(III) unless the solicitor can demonstrate by clear and convincing evidence that he did not know, and should not reasonably have known, that the organization was a terrorist organization; or
(VI) to commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training—

(aa)

for the commission of a terrorist activity;
(bb)

to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity;
(cc)

to a terrorist organization described in subclause (I) or (II) of clause (vi) or to any member of such an organization; or
(dd)

to a terrorist organization described in clause (vi)(III), or to any member of such an organization, unless the actor can demonstrate by clear and convincing evidence that the actor did not know, and should not reasonably have known, that the organization was a terrorist organization.
(v) “Representative” defined

As used in this paragraph, the term “representative” includes an officer, official, or spokesman of an organization, and any person who directs, counsels, commands, or induces an organization or its members to engage in terrorist activity.

(vi) “Terrorist organization” definedAs used in this section, the term “terrorist organization” means an organization—

(I)

designated under section 1189 of this title;
(II)

otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General or the Secretary of Homeland Security, as a terrorist organization, after finding that the organization engages in the activities described in subclauses (I) through (VI) of clause (iv); or
(III)

that is a group of two or more individuals, whether organized or not, which engages in, or has a subgroup which engages in, the activities described in subclauses (I) through (VI) of clause (iv).
(C) Foreign policy

(i) In general

An alien whose entry or proposed activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is inadmissible.

(ii) Exception for officials

An alien who is an official of a foreign government or a purported government, or who is a candidate for election to a foreign government office during the period immediately preceding the election for that office, shall not be excludable or subject to restrictions or conditions on entry into the United States under clause (i) solely because of the alien’s past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States.

(iii) Exception for other aliens

An alien, not described in clause (ii), shall not be excludable or subject to restrictions or conditions on entry into the United States under clause (i) because of the alien’s past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States, unless the Secretary of State personally determines that the alien’s admission would compromise a compelling United States foreign policy interest.

(iv) Notification of determinations

If a determination is made under clause (iii) with respect to an alien, the Secretary of State must notify on a timely basis the chairmen of the Committees on the Judiciary and Foreign Affairs of the House of Representatives and of the Committees on the Judiciary and Foreign Relations of the Senate of the identity of the alien and the reasons for the determination.

(D) Immigrant membership in totalitarian party

(i) In general

Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign, is inadmissible.

(ii) Exception for involuntary membership

Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that the membership or affiliation is or was involuntary, or is or was solely when under 16 years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and whether necessary for such purposes.

(iii) Exception for past membershipClause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that—

(I) the membership or affiliation terminated at least—

(a)

2 years before the date of such application, or
(b)

5 years before the date of such application, in the case of an alien whose membership or affiliation was with the party controlling the government of a foreign state that is a totalitarian dictatorship as of such date, and
(II)

the alien is not a threat to the security of the United States.
(iv) Exception for close family members

The Attorney General may, in the Attorney General’s discretion, waive the application of clause (i) in the case of an immigrant who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States or a spouse, son, or daughter of an alien lawfully admitted for permanent residence for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest if the immigrant is not a threat to the security of the United States.

(E) Participants in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing

(i) Participation in Nazi persecutionsAny alien who, during the period beginning on March 23, 1933, and ending on May 8, 1945, under the direction of, or in association with—

(I)

the Nazi government of Germany,
(II)

any government in any area occupied by the military forces of the Nazi government of Germany,
(III)

any government established with the assistance or cooperation of the Nazi government of Germany, or
(IV)

any government which was an ally of the Nazi government of Germany,
 ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, religion, national origin, or political opinion is inadmissible.
(ii) Participation in genocide

Any alien who ordered, incited, assisted, or otherwise participated in genocide, as defined in section 1091(a) of title 18, is inadmissible.

(iii) Commission of acts of torture or extrajudicial killingsAny alien who, outside the United States, has committed, ordered, incited, assisted, or otherwise participated in the commission of—

(I)

any act of torture, as defined in section 2340 of title 18; or
(II)

under color of law of any foreign nation, any extrajudicial killing, as defined in section 3(a) of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350 note),
 is inadmissible.
(F) Association with terrorist organizations

Any alien who the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, determines has been associated with a terrorist organization and intends while in the United States to engage solely, principally, or incidentally in activities that could endanger the welfare, safety, or security of the United States is inadmissible.

(G) Recruitment or use of child soldiers

Any alien who has engaged in the recruitment or use of child soldiers in violation of section 2442 of title 18 is inadmissible.

(4) Public charge

(A) In general

Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible.

(B) Factors to be taken into account

(i) In determining whether an alien is inadmissible under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien’s—

(I)

age;
(II)

health;
(III)

family status;
(IV)

assets, resources, and financial status; and
(V)

education and skills.
(ii)

In addition to the factors under clause (i), the consular officer or the Attorney General may also consider any affidavit of support under section 1183a of this title for purposes of exclusion under this paragraph.
(C) Family-sponsored immigrantsAny alien who seeks admission or adjustment of status under a visa number issued under section 1151(b)(2) or 1153(a) of this title is inadmissible under this paragraph unless—

(i) the alien has obtained—

(I)

status as a spouse or a child of a United States citizen pursuant to clause (ii), (iii), or (iv) of section 1154(a)(1)(A) of this title;
(II)

classification pursuant to clause (ii) or (iii) of section 1154(a)(1)(B) of this title; or
(III)

classification or status as a VAWA self-petitioner; or
(ii)

the person petitioning for the alien’s admission (and any additional sponsor required under section 1183a(f) of this title or any alternative sponsor permitted under paragraph (5)(B) of such section) has executed an affidavit of support described in section 1183a of this title with respect to such alien.
(D) Certain employment-based immigrants

Any alien who seeks admission or adjustment of status under a visa number issued under section 1153(b) of this title by virtue of a classification petition filed by a relative of the alien (or by an entity in which such relative has a significant ownership interest) is inadmissible under this paragraph unless such relative has executed an affidavit of support described in section 1183a of this title with respect to such alien.

(E) Special rule for qualified alien victimsSubparagraphs (A), (B), and (C) shall not apply to an alien who—

(i)

is a VAWA self-petitioner;
(ii)

is an applicant for, or is granted, nonimmigrant status under section 1101(a)(15)(U) of this title; or
(iii)

is a qualified alien described in section 1641(c) of this title.
(5) Labor certification and qualifications for certain immigrants

(A) Labor certification

(i) In generalAny alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that—

(I)

there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II)

the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special ruleFor purposes of clause (i)(I), an alien described in this clause is an alien who—

(I)

is a member of the teaching profession, or
(II)

has exceptional ability in the sciences or the arts.
(iii) Professional athletes

(I) In general

A certification made under clause (i) with respect to a professional athlete shall remain valid with respect to the athlete after the athlete changes employer, if the new employer is a team in the same sport as the team which employed the athlete when the athlete first applied for the certification.

(II) “Professional athlete” definedFor purposes of subclause (I), the term “professional athlete” means an individual who is employed as an athlete by—

(aa)

a team that is a member of an association of 6 or more professional sports teams whose total combined revenues exceed $10,000,000 per year, if the association governs the conduct of its members and regulates the contests and exhibitions in which its member teams regularly engage; or
(bb)

any minor league team that is affiliated with such an association.
(iv) Long delayed adjustment applicants

A certification made under clause (i) with respect to an individual whose petition is covered by section 1154(j) of this title shall remain valid with respect to a new job accepted by the individual after the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the certification was issued.

(B) Unqualified physicians

An alien who is a graduate of a medical school not accredited by a body or bodies approved for the purpose by the Secretary of Education (regardless of whether such school of medicine is in the United States) and who is coming to the United States principally to perform services as a member of the medical profession is inadmissible, unless the alien (i) has passed parts I and II of the National Board of Medical Examiners Examination (or an equivalent examination as determined by the Secretary of Health and Human Services) and (ii) is competent in oral and written English. For purposes of the previous sentence, an alien who is a graduate of a medical school shall be considered to have passed parts I and II of the National Board of Medical Examiners if the alien was fully and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date.

(C) Uncertified foreign health-care workersSubject to subsection (r), any alien who seeks to enter the United States for the purpose of performing labor as a health-care worker, other than a physician, is inadmissible unless the alien presents to the consular officer, or, in the case of an adjustment of status, the Attorney General, a certificate from the Commission on Graduates of Foreign Nursing Schools, or a certificate from an equivalent independent credentialing organization approved by the Attorney General in consultation with the Secretary of Health and Human Services, verifying that—

(i) the alien’s education, training, license, and experience—

(I)

meet all applicable statutory and regulatory requirements for entry into the United States under the classification specified in the application;
(II)

are comparable with that required for an American health-care worker of the same type; and
(III)

are authentic and, in the case of a license, unencumbered;
(ii)

the alien has the level of competence in oral and written English considered by the Secretary of Health and Human Services, in consultation with the Secretary of Education, to be appropriate for health care work of the kind in which the alien will be engaged, as shown by an appropriate score on one or more nationally recognized, commercially available, standardized assessments of the applicant’s ability to speak and write; and
(iii)

if a majority of States licensing the profession in which the alien intends to work recognize a test predicting the success on the profession’s licensing or certification examination, the alien has passed such a test or has passed such an examination.
For purposes of clause (ii), determination of the standardized tests required and of the minimum scores that are appropriate are within the sole discretion of the Secretary of Health and Human Services and are not subject to further administrative or judicial review.
(D) Application of grounds

The grounds for inadmissibility of aliens under subparagraphs (A) and (B) shall apply to immigrants seeking admission or adjustment of status under paragraph (2) or (3) of section 1153(b) of this title.

(6) Illegal entrants and immigration violators

(A) Aliens present without admission or parole

(i) In general

An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.

(ii) Exception for certain battered women and childrenClause (i) shall not apply to an alien who demonstrates that—

(I)

the alien is a VAWA self-petitioner;
(II)

(a)

the alien has been battered or subjected to extreme cruelty by a spouse or parent, or by a member of the spouse’s or parent’s family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty, or (b) the alien’s child has been battered or subjected to extreme cruelty by a spouse or parent of the alien (without the active participation of the alien in the battery or cruelty) or by a member of the spouse’s or parent’s family residing in the same household as the alien when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty, and
(III)

there was a substantial connection between the battery or cruelty described in subclause (I) or (II) and the alien’s unlawful entry into the United States.
(B) Failure to attend removal proceeding

Any alien who without reasonable cause fails or refuses to attend or remain in attendance at a proceeding to determine the alien’s inadmissibility or deportability and who seeks admission to the United States within 5 years of such alien’s subsequent departure or removal is inadmissible.

(C) Misrepresentation

(i) In general

Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this chapter is inadmissible.

(ii) Falsely claiming citizenship

(I) In general

Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this chapter (including section 1324a of this title) or any other Federal or State law is inadmissible.

(II) Exception

In the case of an alien making a representation described in subclause (I), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation.

(iii) Waiver authorized

For provision authorizing waiver of clause (i), see subsection (i).

(D) Stowaways

Any alien who is a stowaway is inadmissible.

(E) Smugglers

(i) In general

Any alien who at any time knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is inadmissible.

(ii) Special rule in the case of family reunification

Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under section 1153(a)(2) of this title (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided only the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.

(iii) Waiver authorized

For provision authorizing waiver of clause (i), see subsection (d)(11).

(F) Subject of civil penalty

(i) In general

An alien who is the subject of a final order for violation of section 1324c of this title is inadmissible.

(ii) Waiver authorized

For provision authorizing waiver of clause (i), see subsection (d)(12).

(G) Student visa abusers

An alien who obtains the status of a nonimmigrant under section 1101(a)(15)(F)(i) of this title and who violates a term or condition of such status under section 1184(l) [2] of this title is inadmissible until the alien has been outside the United States for a continuous period of 5 years after the date of the violation.

(7) Documentation requirements

(A) Immigrants

(i) In generalExcept as otherwise specifically provided in this chapter, any immigrant at the time of application for admission—

(I)

who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this chapter, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 1181(a) of this title, or
(II)

whose visa has been issued without compliance with the provisions of section 1153 of this title,
 is inadmissible.
(ii) Waiver authorized

For provision authorizing waiver of clause (i), see subsection (k).

(B) Nonimmigrants

(i) In generalAny nonimmigrant who—

(I)

is not in possession of a passport valid for a minimum of six months from the date of the expiration of the initial period of the alien’s admission or contemplated initial period of stay authorizing the alien to return to the country from which the alien came or to proceed to and enter some other country during such period, or
(II)

is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application for admission,
 is inadmissible.
(ii) General waiver authorized

For provision authorizing waiver of clause (i), see subsection (d)(4).

(iii) Guam and Northern Mariana Islands visa waiver

For provision authorizing waiver of clause (i) in the case of visitors to Guam or the Commonwealth of the Northern Mariana Islands, see subsection (l).

(iv) Visa waiver program

For authority to waive the requirement of clause (i) under a program, see section 1187 of this title.

(8) Ineligible for citizenship

(A) In general

Any immigrant who is permanently ineligible to citizenship is inadmissible.

(B) Draft evaders

Any person who has departed from or who has remained outside the United States to avoid or evade training or service in the armed forces in time of war or a period declared by the President to be a national emergency is inadmissible, except that this subparagraph shall not apply to an alien who at the time of such departure was a nonimmigrant and who is seeking to reenter the United States as a nonimmigrant.

(9) Aliens previously removed

(A) Certain aliens previously removed

(i) Arriving aliens

Any alien who has been ordered removed under section 1225(b)(1) of this title or at the end of proceedings under section 1229a of this title initiated upon the alien’s arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.

(ii) Other aliensAny alien not described in clause (i) who—

(I)

has been ordered removed under section 1229a of this title or any other provision of law, or
(II)

departed the United States while an order of removal was outstanding,
 and who seeks admission within 10 years of the date of such alien’s departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.
(iii) Exception

Clauses (i) and (ii) shall not apply to an alien seeking admission within a period if, prior to the date of the alien’s reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Attorney General has consented to the alien’s reapplying for admission.

(B) Aliens unlawfully present

(i) In generalAny alien (other than an alien lawfully admitted for permanent residence) who—

(I)

was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 1254a(e) [3] of this title) prior to the commencement of proceedings under section 1225(b)(1) of this title or section 1229a of this title, and again seeks admission within 3 years of the date of such alien’s departure or removal, or
(II)

has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien’s departure or removal from the United States,
 is inadmissible.
(ii) Construction of unlawful presence

For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

(iii) Exceptions

(I) Minors

No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (i).

(II) Asylees

No period of time in which an alien has a bona fide application for asylum pending under section 1158 of this title shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.

(III) Family unity

No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (i).

(IV) Battered women and children

Clause (i) shall not apply to an alien who would be described in paragraph (6)(A)(ii) if “violation of the terms of the alien’s nonimmigrant visa” were substituted for “unlawful entry into the United States” in subclause (III) of that paragraph.

(V) Victims of a severe form of trafficking in persons

Clause (i) shall not apply to an alien who demonstrates that the severe form of trafficking (as that term is defined in section 7102 of title 22) was at least one central reason for the alien’s unlawful presence in the United States.

(iv) Tolling for good causeIn the case of an alien who—

(I)

has been lawfully admitted or paroled into the United States,
(II)

has filed a nonfrivolous application for a change or extension of status before the date of expiration of the period of stay authorized by the Attorney General, and
(III)

has not been employed without authorization in the United States before or during the pendency of such application,
 the calculation of the period of time specified in clause (i)(I) shall be tolled during the pendency of such application, but not to exceed 120 days.
(v) Waiver

The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause.

(C) Aliens unlawfully present after previous immigration violations

(i) In generalAny alien who—

(I)

has been unlawfully present in the United States for an aggregate period of more than 1 year, or
(II)

has been ordered removed under section 1225(b)(1) of this title, section 1229a of this title, or any other provision of law,
 and who enters or attempts to reenter the United States without being admitted is inadmissible.
(ii) Exception

Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien’s last departure from the United States if, prior to the alien’s reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, the Secretary of Homeland Security has consented to the alien’s reapplying for admission.

(iii) WaiverThe Secretary of Homeland Security may waive the application of clause (i) in the case of an alien who is a VAWA self-petitioner if there is a connection between—

(I)

the alien’s battering or subjection to extreme cruelty; and
(II)

the alien’s removal, departure from the United States, reentry or reentries into the United States; or attempted reentry into the United States.
(10) Miscellaneous

(A) Practicing polygamists

Any immigrant who is coming to the United States to practice polygamy is inadmissible.

(B) Guardian required to accompany helpless alienAny alien—

(i)

who is accompanying another alien who is inadmissible and who is certified to be helpless from sickness, mental or physical disability, or infancy pursuant to section 1222(c) of this title, and
(ii)

whose protection or guardianship is determined to be required by the alien described in clause (i),
is inadmissible.
(C) International child abduction

(i) In general

Except as provided in clause (ii), any alien who, after entry of an order by a court in the United States granting custody to a person of a United States citizen child who detains or retains the child, or withholds custody of the child, outside the United States from the person granted custody by that order, is inadmissible until the child is surrendered to the person granted custody by that order.

(ii) Aliens supporting abductors and relatives of abductorsAny alien who—

(I)

is known by the Secretary of State to have intentionally assisted an alien in the conduct described in clause (i),
(II)

is known by the Secretary of State to be intentionally providing material support or safe haven to an alien described in clause (i), or
(III)

is a spouse (other than the spouse who is the parent of the abducted child), child (other than the abducted child), parent, sibling, or agent of an alien described in clause (i), if such person has been designated by the Secretary of State at the Secretary’s sole and unreviewable discretion, is inadmissible until the child described in clause (i) is surrendered to the person granted custody by the order described in that clause, and such person and child are permitted to return to the United States or such person’s place of residence.
(iii) ExceptionsClauses (i) and (ii) shall not apply—

(I)

to a government official of the United States who is acting within the scope of his or her official duties;
(II)

to a government official of any foreign government if the official has been designated by the Secretary of State at the Secretary’s sole and unreviewable discretion; or
(III)

so long as the child is located in a foreign state that is a party to the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980.
(D) Unlawful voters

(i) In general

Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible.

(ii) Exception

In the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such violation.

(E) Former citizens who renounced citizenship to avoid taxation

Any alien who is a former citizen of the United States who officially renounces United States citizenship and who is determined by the Attorney General to have renounced United States citizenship for the purpose of avoiding taxation by the United States is inadmissible.

(b) Notices of denials

(1) Subject to paragraphs (2) and (3), if an alien’s application for a visa, for admission to the United States, or for adjustment of status is denied by an immigration or consular officer because the officer determines the alien to be inadmissible under subsection (a), the officer shall provide the alien with a timely written notice that—

(A)

states the determination, and
(B)

lists the specific provision or provisions of law under which the alien is inadmissible or adjustment [4] of status.
(2)

The Secretary of State may waive the requirements of paragraph (1) with respect to a particular alien or any class or classes of inadmissible aliens.
(3)

Paragraph (1) does not apply to any alien inadmissible under paragraph (2) or (3) of subsection (a).
(c) Repealed. Pub. L. 104–208, div. C, title III, § 304(b), Sept. 30, 1996, 110 Stat. 3009–597
(d) Temporary admission of nonimmigrants

(1)

The Attorney General shall determine whether a ground for inadmissibility exists with respect to a nonimmigrant described in section 1101(a)(15)(S) of this title. The Attorney General, in the Attorney General’s discretion, may waive the application of subsection (a) (other than paragraph (3)(E)) in the case of a nonimmigrant described in section 1101(a)(15)(S) of this title, if the Attorney General considers it to be in the national interest to do so. Nothing in this section shall be regarded as prohibiting the Immigration and Naturalization Service from instituting removal proceedings against an alien admitted as a nonimmigrant under section 1101(a)(15)(S) of this title for conduct committed after the alien’s admission into the United States, or for conduct or a condition that was not disclosed to the Attorney General prior to the alien’s admission as a nonimmigrant under section 1101(a)(15)(S) of this title.
(2)

Repealed. Pub. L. 101–649, title VI, § 601(d)(2)(A), Nov. 29, 1990, 104 Stat. 5076.
(3)

(A)

Except as provided in this subsection, an alien (i) who is applying for a nonimmigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General, or (ii) who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.
(B)

(i)

The Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may determine in such Secretary’s sole unreviewable discretion that subsection (a)(3)(B) shall not apply with respect to an alien within the scope of that subsection or that subsection (a)(3)(B)(vi)(III) shall not apply to a group within the scope of that subsection, except that no such waiver may be extended to an alien who is within the scope of subsection (a)(3)(B)(i)(II), no such waiver may be extended to an alien who is a member or representative of, has voluntarily and knowingly engaged in or endorsed or espoused or persuaded others to endorse or espouse or support terrorist activity on behalf of, or has voluntarily and knowingly received military-type training from a terrorist organization that is described in subclause (I) or (II) of subsection (a)(3)(B)(vi), and no such waiver may be extended to a group that has engaged terrorist activity against the United States or another democratic country or that has purposefully engaged in a pattern or practice of terrorist activity that is directed at civilians. Such a determination shall neither prejudice the ability of the United States Government to commence criminal or civil proceedings involving a beneficiary of such a determination or any other person, nor create any substantive or procedural right or benefit for a beneficiary of such a determination or any other person. Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review such a determination or revocation except in a proceeding for review of a final order of removal pursuant to section 1252 of this title, and review shall be limited to the extent provided in section 1252(a)(2)(D). The Secretary of State may not exercise the discretion provided in this clause with respect to an alien at any time during which the alien is the subject of pending removal proceedings under section 1229a of this title.
(ii)

Not later than 90 days after the end of each fiscal year, the Secretary of State and the Secretary of Homeland Security shall each provide to the Committees on the Judiciary of the House of Representatives and of the Senate, the Committee on International Relations of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Homeland Security of the House of Representatives a report on the aliens to whom such Secretary has applied clause (i). Within one week of applying clause (i) to a group, the Secretary of State or the Secretary of Homeland Security shall provide a report to such Committees.
(4)

Either or both of the requirements of paragraph (7)(B)(i) of subsection (a) may be waived by the Attorney General and the Secretary of State acting jointly (A) on the basis of unforeseen emergency in individual cases, or (B) on the basis of reciprocity with respect to nationals of foreign contiguous territory or of adjacent islands and residents thereof having a common nationality with such nationals, or (C) in the case of aliens proceeding in immediate and continuous transit through the United States under contracts authorized in section 1223(c) of this title.
(5)

(A)

The Attorney General may, except as provided in subparagraph (B) or in section 1184(f) of this title, in his discretion parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.
(B)

The Attorney General may not parole into the United States an alien who is a refugee unless the Attorney General determines that compelling reasons in the public interest with respect to that particular alien require that the alien be paroled into the United States rather than be admitted as a refugee under section 1157 of this title.
(6)

Repealed. Pub. L. 101–649, title VI, § 601(d)(2)(A), Nov. 29, 1990, 104 Stat. 5076.
(7)

The provisions of subsection (a) (other than paragraph (7)) shall be applicable to any alien who shall leave Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, or the Virgin Islands of the United States, and who seeks to enter the continental United States or any other place under the jurisdiction of the United States. The Attorney General shall by regulations provide a method and procedure for the temporary admission to the United States of the aliens described in this proviso.[5] Any alien described in this paragraph, who is denied admission to the United States, shall be immediately removed in the manner provided by section 1231(c) of this title.
(8)

Upon a basis of reciprocity accredited officials of foreign governments, their immediate families, attendants, servants, and personal employees may be admitted in immediate and continuous transit through the United States without regard to the provisions of this section except paragraphs (3)(A), (3)(B), (3)(C), and (7)(B) of subsection (a) of this section.
(9)

, (10) Repealed. Pub. L. 101–649, title VI, § 601(d)(2)(A), Nov. 29, 1990, 104 Stat. 5076.
(11)

The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) of subsection (a)(6)(E) in the case of any alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of removal, and who is otherwise admissible to the United States as a returning resident under section 1181(b) of this title and in the case of an alien seeking admission or adjustment of status as an immediate relative or immigrant under section 1153(a) of this title (other than paragraph (4) thereof), if the alien has encouraged, induced, assisted, abetted, or aided only an individual who at the time of such action was the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.
(12) The Attorney General may, in the discretion of the Attorney General for humanitarian purposes or to assure family unity, waive application of clause (i) of subsection (a)(6)(F)—

(A)

in the case of an alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation or removal and who is otherwise admissible to the United States as a returning resident under section 1181(b) of this title, and
(B)

in the case of an alien seeking admission or adjustment of status under section 1151(b)(2)(A) of this title or under section 1153(a) of this title,
if no previous civil money penalty was imposed against the alien under section 1324c of this title and the offense was committed solely to assist, aid, or support the alien’s spouse or child (and not another individual). No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this paragraph.
(13)

(A)

The Secretary of Homeland Security shall determine whether a ground for inadmissibility exists with respect to a nonimmigrant described in section 1101(a)(15)(T) of this title, except that the ground for inadmissibility described in subsection (a)(4) shall not apply with respect to such a nonimmigrant.
(B) In addition to any other waiver that may be available under this section, in the case of a nonimmigrant described in section 1101(a)(15)(T) of this title, if the Secretary of Homeland Security considers it to be in the national interest to do so, the Secretary of Homeland Security, in the Attorney General’s [6] discretion, may waive the application of—

(i)

subsection (a)(1); and
(ii)

any other provision of subsection (a) (excluding paragraphs (3), (4), (10)(C), and (10(E)) [7] if the activities rendering the alien inadmissible under the provision were caused by, or were incident to, the victimization described in section 1101(a)(15)(T)(i)(I) of this title.
(14)

The Secretary of Homeland Security shall determine whether a ground of inadmissibility exists with respect to a nonimmigrant described in section 1101(a)(15)(U) of this title. The Secretary of Homeland Security, in the Attorney General’s 6 discretion, may waive the application of subsection (a) (other than paragraph (3)(E)) in the case of a nonimmigrant described in section 1101(a)(15)(U) of this title, if the Secretary of Homeland Security considers it to be in the public or national interest to do so.
(e) Educational visitor status; foreign residence requirement; waiver

No person admitted under section 1101(a)(15)(J) of this title or acquiring such status after admission (i) whose participation in the program for which he came to the United States was financed in whole or in part, directly or indirectly, by an agency of the Government of the United States or by the government of the country of his nationality or his last residence, (ii) who at the time of admission or acquisition of status under section 1101(a)(15)(J) of this title was a national or resident of a country which the Director of the United States Information Agency, pursuant to regulations prescribed by him, had designated as clearly requiring the services of persons engaged in the field of specialized knowledge or skill in which the alien was engaged, or (iii) who came to the United States or acquired such status in order to receive graduate medical education or training, shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 1101(a)(15)(H) or section 1101(a)(15)(L) of this title until it is established that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of at least two years following departure from the United States: Provided, That upon the favorable recommendation of the Director, pursuant to the request of an interested United States Government agency (or, in the case of an alien described in clause (iii), pursuant to the request of a State Department of Public Health, or its equivalent), or of the Commissioner of Immigration and Naturalization after he has determined that departure from the United States would impose exceptional hardship upon the alien’s spouse or child (if such spouse or child is a citizen of the United States or a lawfully resident alien), or that the alien cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race, religion, or political opinion, the Attorney General may waive the requirement of such two-year foreign residence abroad in the case of any alien whose admission to the United States is found by the Attorney General to be in the public interest except that in the case of a waiver requested by a State Department of Public Health, or its equivalent, or in the case of a waiver requested by an interested United States Government agency on behalf of an alien described in clause (iii), the waiver shall be subject to the requirements of section 1184(l) of this title: And provided further, That, except in the case of an alien described in clause (iii), the Attorney General may, upon the favorable recommendation of the Director, waive such two-year foreign residence requirement in any case in which the foreign country of the alien’s nationality or last residence has furnished the Director a statement in writing that it has no objection to such waiver in the case of such alien.

(f) Suspension of entry or imposition of restrictions by President

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.

(g) Bond and conditions for admission of alien inadmissible on health-related groundsThe Attorney General may waive the application of—

(1) subsection (a)(1)(A)(i) in the case of any alien who—

(A)

is the spouse or the unmarried son or daughter, or the minor unmarried lawfully adopted child, of a United States citizen, or of an alien lawfully admitted for permanent residence, or of an alien who has been issued an immigrant visa,
(B)

has a son or daughter who is a United States citizen, or an alien lawfully admitted for permanent residence, or an alien who has been issued an immigrant visa; or
(C)

is a VAWA self-petitioner,
in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney General after consultation with the Secretary of Health and Human Services, may by regulation prescribe;
(2) subsection (a)(1)(A)(ii) in the case of any alien—

(A)

who receives vaccination against the vaccine-preventable disease or diseases for which the alien has failed to present documentation of previous vaccination,
(B)

for whom a civil surgeon, medical officer, or panel physician (as those terms are defined by section 34.2 of title 42 of the Code of Federal Regulations) certifies, according to such regulations as the Secretary of Health and Human Services may prescribe, that such vaccination would not be medically appropriate, or
(C)

under such circumstances as the Attorney General provides by regulation, with respect to whom the requirement of such a vaccination would be contrary to the alien’s religious beliefs or moral convictions; or
(3)

subsection (a)(1)(A)(iii) in the case of any alien, in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney General after consultation with the Secretary of Health and Human Services, may by regulation prescribe.
(h) Waiver of subsection (a)(2)(A)(i)(I), (II), (B), (D), and (E)The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2) and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana if—

(1)

(A) in the case of any immigrant it is established to the satisfaction of the Attorney General that—

(i)

the alien is inadmissible only under subparagraph (D)(i) or (D)(ii) of such subsection or the activities for which the alien is inadmissible occurred more than 15 years before the date of the alien’s application for a visa, admission, or adjustment of status,
(ii)

the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States, and
(iii)

the alien has been rehabilitated; or
(B)

in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the alien’s denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien; or
(C)

the alien is a VAWA self-petitioner; and
(2)

the Attorney General, in his discretion, and pursuant to such terms, conditions and procedures as he may by regulations prescribe, has consented to the alien’s applying or reapplying for a visa, for admission to the United States, or adjustment of status.
No waiver shall be provided under this subsection in the case of an alien who has been convicted of (or who has admitted committing acts that constitute) murder or criminal acts involving torture, or an attempt or conspiracy to commit murder or a criminal act involving torture. No waiver shall be granted under this subsection in the case of an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence if either since the date of such admission the alien has been convicted of an aggravated felony or the alien has not lawfully resided continuously in the United States for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the United States. No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this subsection.
(i) Admission of immigrant inadmissible for fraud or willful misrepresentation of material fact

(1)

The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien or, in the case of a VAWA self-petitioner, the alien demonstrates extreme hardship to the alien or the alien’s United States citizen, lawful permanent resident, or qualified alien parent or child.
(2)

No court shall have jurisdiction to review a decision or action of the Attorney General regarding a waiver under paragraph (1).
(j) Limitation on immigration of foreign medical graduates

(1) The additional requirements referred to i

Doubts About the Promised Bounty of Genetically Modified Crops

November 7, 2016

The controversy over genetically modified crops has long focused on largely unsubstantiated fears that they are unsafe to eat.

But an extensive examination by The New York Times indicates that the debate has missed a more basic problem — genetic modification in the United States and Canada has not accelerated increases in crop yields or led to an overall reduction in the use of chemical pesticides.

The promise of genetic modification was twofold: By making crops immune to the effects of weedkillers and inherently resistant to many pests, they would grow so robustly that they would become indispensable to feeding the world’s growing population, while also requiring fewer applications of sprayed pesticides.

Twenty years ago, Europe largely rejected genetic modification at the same time the United States and Canada were embracing it. Comparing results on the two continents, using independent data as well as academic and industry research, shows how the technology has fallen short of the promise.

Graphic

Broken Promises of Genetically Modified Crops

About 20 years ago, the United States and Canada began introducing genetic modifications in agriculture. Europe did not embrace the technology. This is how it has played out.

OPEN Graphic

At the same time, herbicide use has increased in the United States, even as major crops like corn, soybeans and cotton have been converted to modified varieties. And the United States has fallen behind Europe’s biggest producer, France, in reducing the overall use of pesticides, which includes both herbicides and insecticides.

One measure, contained in data from the United States Geological Survey, shows the stark difference in the use of pesticides. Since genetically modified crops were introduced in the United States two decades ago for crops like corn, cotton and soybeans, the use of toxins that kill insects and fungi has fallen by a third, but the spraying of herbicides, which are used in much higher volumes, has risen by 21 percent.

By contrast, in France, use of insecticides and fungicides has fallen by a far greater percentage — 65 percent — and herbicide use has decreased as well, by 36 percent.

Profound differences over genetic engineering have split Americans and Europeans for decades. Although American protesters as far back as 1987 pulled up prototype potato plants, European anger at the idea of fooling with nature has been far more sustained. In the last few years, the March Against Monsanto has drawn thousands of protesters in cities like Paris and Basel, Switzerland, and opposition to G.M. foods is a foundation of the Green political movement. Still, Europeans eat those foods when they buy imports from the United States and elsewhere.

In Rowland, N.C., a worker loads G.M. corn seed into a planting machine on Bo Stone’s farm. Mr. Stone values genetic modifications to reduce his insecticide use. Credit Jeremy M. Lange for The New York Times

Fears about the harmful effects of eating G.M. foods have proved to be largely without scientific basis. The potential harm from pesticides, however, has drawn researchers’ attention. Pesticides are toxic by design — weaponized versions, like sarin, were developed in Nazi Germany — and have been linked to developmental delays and cancer.

“These chemicals are largely unknown,” said David Bellinger, a professor at the Harvard University School of Public Health, whose research has attributed the loss of nearly 17 million I.Q. points among American children 5 years old and under to one class of insecticides. “We do natural experiments on a population,” he said, referring to exposure to chemicals in agriculture, “and wait until it shows up as bad.”

The industry is winning on both ends — because the same companies make and sell both the genetically modified plants and the poisons. Driven by these sales, the combined market capitalizations of Monsanto, the largest seed company, and Syngenta, the Swiss pesticide giant, have grown more than sixfold in the last decade and a half. The two companies are separately involved in merger agreements that would lift their new combined values to more than $100 billion each.

When presented with the findings, Robert T. Fraley, the chief technology officer at Monsanto, said The Times had cherry-picked its data to reflect poorly on the industry. “Every farmer is a smart businessperson, and a farmer is not going to pay for a technology if they don’t think it provides a major benefit,” he said. “Biotech tools have clearly driven yield increases enormously.”

Uncertain Harvest

Articles in this series examine the globe-spanning relationship of chemical companies, academics and regulators, and the powerful toxins and genetically modified seeds used to grow food in many parts of the world.

    Regarding the use of herbicides, in a statement, Monsanto said, “While overall herbicide use may be increasing in some areas where farmers are following best practices to manage emerging weed issues, farmers in other areas with different circumstances may have decreased or maintained their herbicide usage.”

    Genetically modified crops can sometimes be effective. Monsanto and others often cite the work of Matin Qaim, a researcher at Georg-August-University of Göttingen, Germany, including a meta-analysis of studies that he helped write finding significant yield gains from genetically modified crops. But in an interview and emails, Dr. Qaim said he saw significant effects mostly from insect-resistant varieties in the developing world, particularly in India.

    “Currently available G.M. crops would not lead to major yield gains in Europe,” he said. And regarding herbicide-resistant crops in general: “I don’t consider this to be the miracle type of technology that we couldn’t live without.”

    A Vow to Curb Chemicals

    First came the Flavr Savr tomato in 1994, which was supposed to stay fresh longer. The next year it was a small number of bug-resistant russet potatoes. And by 1996, major genetically modified crops were being planted in the United States.

    Monsanto, the most prominent champion of these new genetic traits, pitched them as a way to curb the use of its pesticides. “We’re certainly not encouraging farmers to use more chemicals,” a company executive told The Los Angeles Times in 1994. The next year, in a news release, the company said that its new gene for seeds, named Roundup Ready, “can reduce overall herbicide use.”

    Arnaud Rousseau holds non-G.M. corn seed, produced by Pioneer, a unit of DuPont. Credit Ed Alcock for The New York Times

    Figures from the United States Department of Agriculture show herbicide use skyrocketing in soybeans, a leading G.M. crop, growing by two and a half times in the last two decades, at a time when planted acreage of the crop grew by less than a third. Use in corn was trending downward even before the introduction of G.M. crops, but then nearly doubled from 2002 to 2010, before leveling off. Weed resistance problems in such crops have pushed overall usage up.

    To some, this outcome was predictable. The whole point of engineering bug-resistant plants “was to reduce insecticide use, and it did,” said Joseph Kovach, a retired Ohio State University researcher who studied the environmental risks of pesticides. But the goal of herbicide-resistant seeds was to “sell more product,” he said — more herbicide.

    Farmers with crops overcome by weeds, or a particular pest or disease, can understandably be G.M. evangelists. “It’s silly bordering on ridiculous to turn our backs on a technology that has so much to offer,” said Duane Grant, the chairman of the Amalgamated Sugar Company, a cooperative of more than 750 sugar beet farmers in the Northwest.

    He says crops resistant to Roundup, Monsanto’s most popular weedkiller, saved his cooperative.

    But weeds are becoming resistant to Roundup around the world — creating an opening for the industry to sell more seeds and more pesticides. The latest seeds have been engineered for resistance to two weedkillers, with resistance to as many as five planned. That will also make it easier for farmers battling resistant weeds to spray a widening array of poisons sold by the same companies.

    Growing resistance to Roundup is also reviving old, and contentious, chemicals. One is 2,4-D, an ingredient in Agent Orange, the infamous Vietnam War defoliant. Its potential risks have long divided scientists and have alarmed advocacy groups.

    Another is dicamba. In Louisiana, Monsanto is spending nearly $1 billion to begin production of the chemical there. And even though Monsanto’s version is not yet approved for use, the company is already selling seeds that are resistant to it — leading to reports that some farmers are damaging neighbors’ crops by illegally spraying older versions of the toxin.

    High-Tech Kernels

    Bo Stone, a sixth-generation farmer, in Rowland, N.C. The seeds on Mr. Stone’s farm brim with genetically modified traits. Credit Jeremy M. Lange for The New York Times

    Two farmers, 4,000 miles apart, recently showed a visitor their corn seeds. The farmers, Bo Stone and Arnaud Rousseau, are sixth-generation tillers of the land. Both use seeds made by DuPont, the giant chemical company that is merging with Dow Chemical.

    To the naked eye, the seeds looked identical. Inside, the differences are profound.

    In Rowland, N.C., near the South Carolina border, Mr. Stone’s seeds brim with genetically modified traits. They contain Roundup Ready, a Monsanto-made trait resistant to Roundup, as well as a gene made by Bayer that makes crops impervious to a second herbicide. A trait called Herculex I was developed by Dow and Pioneer, now part of DuPont, and attacks the guts of insect larvae. So does YieldGard, made by Monsanto.

    Another big difference: the price tag. Mr. Rousseau’s seeds cost about $85 for a 50,000-seed bag. Mr. Stone spends roughly $153 for the same amount of biotech seeds.

    For farmers, doing without genetically modified crops is not a simple choice. Genetic traits are not sold à la carte.

    Two Corn Seeds, but Very Different

    Manufacturing the corn seed on the left involves gene modifications by three additional companies. The seed on the right is created using only conventional breeding methods.

    A GENETICALLY

    MODIFIED CORN SEED

    A NONGENETICALLY

    MODIFIED CORN SEED

    Pioneer                                                          Pioneer Seed brand

    (serial no. P8613)

    Seed brand                                                    (serial no. P1916)

                                                                             Lumivia

                                                                          Coated with PPST 250 and DuPont Lumivia,

                                                                               an insecticide and fungicide.

    Also coated to protect the

    seed against soil-borne diseases and insects.

    $153   For about 50,000 seeds.

    Roundup Ready

    A gene resistant to Roundup, Monsanto’s main glyphosate-based herbicide.

    ~~~

    $85

    For about 50,000 seeds.

    YieldGard

    A genetically modified trait that is harmful to some insects.

    LibertyLink

    A gene that makes crops impervious to another herbicide.

    Herculex I

    A genetic trait developed by Dow AgroSciences and Pioneer that breaks down the gut wall of insect larvae.

    Mr. Stone, 45, has a master’s degree in agriculture and listens to Prime Country radio in his Ford pickup. He has a test field where he tries out new seeds, looking for characteristics that he particularly values — like plants that stand well, without support.

    “I’m choosing on yield capabilities and plant characteristics more than I am on G.M.O. traits” like bug and poison resistance, he said, underscoring a crucial point: Yield is still driven by breeding plants to bring out desirable traits, as it has been for thousands of years.

    That said, Mr. Stone values genetic modifications to reduce his insecticide use (though he would welcome help with stink bugs, a troublesome pest for many farmers). And Roundup resistance in pigweed has emerged as a problem.

    “No G.M. trait for us is a silver bullet,” he said.

    By contrast, at Mr. Rousseau’s farm in Trocy-en-Multien, a village outside Paris, his corn has none of this engineering because the European Union bans most crops like these.

    “The door is closed,” says Mr. Rousseau, 42, who is vice president of one of France’s many agricultural unions. His 840-acre farm was a site of World War I carnage in the Battle of the Marne.

    As with Mr. Stone, Mr. Rousseau’s yields have been increasing, though they go up and down depending on the year. Farm technology has also been transformative. “My grandfather had horses and cattle for cropping,” Mr. Rousseau said. “I’ve got tractors with motors.”

    He wants access to the same technologies as his competitors across the Atlantic, and thinks G.M. crops could save time and money.

    “Seen from Europe, when you speak with American farmers or Canadian farmers, we’ve got the feeling that it’s easier,” Mr. Rousseau said. “Maybe it’s not right. I don’t know, but it’s our feeling.”

    Feeding the World

     Brazilian soybean plants at the end of their life cycle at Bayer’s research center in Durham, N.C. The plants have “stacked” traits, meaning they have been genetically modified for more than one specific trait, like bug resistance. Credit Jeremy M. Lange for The New York Times

    With the world’s population expected to reach nearly 10 billion by 2050, Monsanto has long held out its products as a way “to help meet the food demands of these added billions,” as it said in a 1995 statement. That remains an industry mantra.

    “It’s absolutely key that we keep innovating,” said Kurt Boudonck, who manages Bayer’s sprawling North Carolina greenhouses. “With the current production practices, we are not going to be able to feed that amount of people.”

    But a broad yield advantage has not emerged. The Times looked at regional data from the United Nations Food and Agriculture Organization, comparing main genetically modified crops in the United States and Canada with varieties grown in Western Europe, a grouping used by the agency that comprises seven nations, including the two largest agricultural producers, France and Germany.

    For rapeseed, a variant of which is used to produce canola oil, The Times compared Western Europe with Canada, the largest producer, over three decades, including a period well before the introduction of genetically modified crops.

    Despite rejecting genetically modified crops, Western Europe maintained a lead over Canada in yields. While that is partly because different varieties are grown in the two regions, the trend lines in the relative yields have not shifted in Canada’s favor since the introduction of G.M. crops, the data shows.

    Stink bugs raised by Bayer for experimental purposes at its research center in Morrisville, N.C. Credit Jeremy M. Lange for The New York Times

    For corn, The Times compared the United States with Western Europe. Over three decades, the trend lines between the two barely deviate. And sugar beets, a major source of sugar, have shown stronger yield growth recently in Western Europe than the United States, despite the dominance of genetically modified varieties over the last decade.

    Jack Heinemann, a professor at the University of Canterbury in New Zealand, did a pioneering 2013 study comparing trans-Atlantic yield trends, using United Nations data. Western Europe, he said, “hasn’t been penalized in any way for not making genetic engineering one of its biotechnology choices.”

    Biotech executives suggested making narrower comparisons. Dr. Fraley of Monsanto highlighted data comparing yield growth in Nebraska and France, while an official at Bayer suggested Ohio and France. These comparisons can be favorable to the industry, while comparing other individual American states can be unfavorable.

    Michael Owen, a weed scientist at Iowa State University, said that while the industry had long said G.M.O.s would “save the world,” they still “haven’t found the mythical yield gene.”

    Few New Markets

    Battered by falling crop prices and consumer resistance that has made it hard to win over new markets, the agrochemical industry has been swept by buyouts. Bayer recently announced a deal to acquire Monsanto. And the state-owned China National Chemical Corporation has received American regulatory approval to acquire Syngenta, though Syngenta later warned the takeover could be delayed by scrutiny from European authorities.

    A research assistant at a Bayer center in North Carolina, where experiments are carried out to find new toxins to eradicate pests like stinkbugs, a problem at farms like Mr. Stone’s in Rowland. Credit Jeremy M. Lange for The New York Times

    The deals are aimed at creating giants even more adept at selling both seeds and chemicals. Already, a new generation of seeds is coming to market or in development. And they have grand titles. There is the Bayer Balance GT Soybean Performance System. Monsanto’s Genuity SmartStax RIB Complete corn. Dow’s PhytoGen with Enlist and WideStrike 3 Insect Protection.

    In industry jargon, they are “stacked” with many different genetically modified traits. And there are more to come. Monsanto has said that the corn seed of 2025 will have 14 traits and allow farmers to spray five different kinds of herbicide.

    Newer genetically modified crops claim to do many things, such as protecting against crop diseases and making food more nutritious. Some may be effective, some not. To the industry, shifting crucial crops like corn, soybeans, cotton and rapeseed almost entirely to genetically modified varieties in many parts of the world fulfills a genuine need. To critics, it is a marketing opportunity.

    G.M.O. acceptance is exceptionally low in Europe,” said Liam Condon, the head of Bayer’s crop science division, in an interview the day the Monsanto deal was announced. He added: “But there are many geographies around the world where the need is much higher and where G.M.O. is accepted. We will go where the market and the customers demand our technology.”

    Correction: November 2, 2016
    A chart on Sunday with the continuation of an article about the unmet promises of genetically modified crops misstated the mode of action of Herculex I, a genetic trait developed by Dow AgroSciences and Pioneer. It breaks down the gut wall of insect larvae; it does not create a bacterium that does so.

    More Than Half of U.S. Pipelines Are at Least 46 Years Old

    November 7, 2016

    http://www.wsj.com/articles/aging-pipelines-raise-concerns-1478128942

    I can’t get to the article due to a monthly limit, but you can read it at your leisure!

    Broaddrick, Willey, Jones to Bill Clinton’s Defenders: ‘These Are Crimes,’ ‘Terrified’ of ‘Enabler’ Hillary

    October 10, 2016

    In an exclusive video interview at the presidential suite of the historic Watergate Hotel, the victims of Bill Clinton’s alleged sexual assault  — Juanita Broaddrick, Kathleen Willey, and Paula Jones — got together for the first time in person to express their personal fear of Hillary Clinton and to warn voters that Clinton does not stand for women’s issues.

    The three women, who say their lives were forever changed by their experiences with the Clintons, used words like “terrified” and “frightened” to describe their feelings about the prospects of a Hillary Clinton presidency.

    Watch the video here:

    When asked about the counter-argument that their allegations toward Bill Clinton only dig up past “infidelities,all three women attacked establishment media figures for using this language.

    “We were not willing participants,” Broaddrick said. “These were crimes.” In a separate interview, Broaddrick shared her own story of brutal sexual assault which she says Bill Clinton perpetrated against her.

    Willey called out NBC News’ Andrea Mitchell and CNN’s Jake Tapper by name, challenging them: “These are not infidelities. A rape is not an infidelity. These are crimes. Any other people would be in jail…

    “This is no longer about infidelities, indiscretions, girlfriends, sex, interns — none of those. This is about a serial rapist, a predator, and his wife who has enabled his behavior all of these years.”

    Later in this interview, Jones, Willey, and Broaddrick expressed fear at how a potential President Hillary Clinton would use the power of her office.

    “It terrifies me and it should terrify all women,” Jones stated about Hillary’s presidential ambitions.

    “It should terrify all men and women,” Willey added. “She will annihilate any enemy. All of her enemies. Anybody who has spoken against her. Across the board for I don’t know how many years. She will get rid of them.

    No woman who advocates for women attacks the victims of sexual assault be it by her husband or anybody else,” said Willey.

    The women argued that the term “enabler” best describes Hillary Clinton’s role in her husband’s alleged sexual crimes.

    “There is not a better word for any of this,” stated Broaddrick. “Especially when she threatened me personally.”

    Willey added, “She is complicit in everything that he has done.”

    “She had helped him do it,” asserted Jones.

    “She has turned a blind eye for decades against what he has done” stated Broaddrick. “And she has been the main one to help cover this up. And go after us.”

    Willey and Jones both accused Bill Clinton of sexual assault, with Willey saying that she suffered acts of intimidation in what she has described as a campaign to silence her. Broaddrick says that Bill Clinton raped her, and recently stated in an interview with this reporter that she was raped twice during the same 1978 alleged assault. 

    Hiliary shows her true views on Benghazi attacks……

    May 7, 2013

    What does it matter?  Those words were spoken by someone in a position of responsibility.  Here is the full segment:

    “With all due respect, the fact is we had four dead Americans. Was it because of a protest or was it because of guys out for a walk one night decided to go kill some Americans? What difference at this point does it make?” Clinton asked the Republican Senator. “It is our job to figure out what happened and do everything we can to prevent it from ever happening again.”

    As Secretary of State it was her duty to protect those under her.  Period. 

    http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&sqi=2&ved=0CDMQtwIwAQ&url=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3Dny3bOmey-BE&ei=gjyJUcneHozl4APRjoDIBw&usg=AFQjCNFS8es7CKNaLK4G1KVIUMdoqRnwsg&bvm=bv.45960087,d.dmg