Speech #1100129109

President. I rise today to comment on section 691 of the Consolidated Appropriations Act. 2008. This provision amends section 212(d)(3)(B) of the Immigration and Nationality Act in order to allow the executive to make REAL ID immigration bars inapplicable to individuals or groups whose presence in this country would not pose a threat to the United States. while continuing to bar from the United States all persons who are tied to the worst terrorist organizations. The provision also gives automatic exemptions to the Hmong and Montagnard soldiers who fought alongside the United States during the Vietnam war. providing overdue relief to the members of these armies. And section 691 also designates the Taliban as a Tier I terrorist organization for immigration purposes. effectively eliminating exceptions to the applicability of REAL ID immigration bars for members. combatants. and others tied to the group that harbored Al Qaeda at the time when that organization was plotting the terrorist attacks of September 11. 2001. Section 691 is the result of a negotiated compromise between Senator LEAHY and me a compromise that was encouraged and assisted by Senator COLEMAN and other Members who have taken an interest in this Issue. The final language allows the Secretaries of Homeland Security and State to decide that the barriers to entry and stay in the United States in section 212(a)(3)(B) of the INA do not apply to certain individuals or groups. The language also clarifies that such nonapplicability determinations are not subject to judicial review. Under current law. the REAL ID immigration bars can only be deemed nonapplicable to an alien if the alien is a representative of a political or social group that endorses terrorism. has himself endorsed terrorism. or has given material support to a terrorist group. and may only be extended to a group if that group is a Tier III group that only has a subgroup that engages in terrorism. The amendment expands the nonapplicability determination authority to all terrorismrelated bars. except that the bars cannot be deemed nonapplicable if an alien is expected to engage in future terrorism. is a member or representative of a Tier I or II group. voluntarily and knowingly engaged in terrorist activity or endorsed terrorism on behalf of a Tier I or II group. or has voluntarily and knowingly received militarytype training from a Tier I or II group. Also. no group nonapplicability determination may be applied to a group that attacks democratic countries or intentionally engages in a practice of attacking civilians.