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8 U.S.C. § 1182eDenial of entry into United States of foreign nationals engaged in establishment or enforcement of forced abortion or sterilization policy

submitted 27 years ago by Pub. L. 106-113 to r/title-8-ALIENS-AND-NATIONALITY · 193 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of State may not issue a visa, and the Attorney General may not admit, a foreign national directly involved in creating or enforcing certain forced-abortion or forced-sterilization population policies, unless the involvement and support have ended. Heads of state, heads of government, and cabinet-level ministers are excepted, and the Secretary may waive the rule in the United States’ national interest with written notice to Congress.

(a) Denial of entry. Regardless of any other law, the Secretary of State may not issue a visa to, and the Attorney General may not admit to the United States, a foreign national whom the Secretary finds, based on credible and specific information, to have been directly involved in creating or enforcing population-control policies that force a woman to have an abortion against her free choice or force a man or woman to undergo sterilization against that person’s free choice. This prohibition does not apply if the Secretary has substantial grounds to believe that the foreign national has stopped being involved in and supporting those policies. This section uses the terms “foreign national,” “population control policies,” “credible and specific information,” and “substantial grounds.” This section does not define those terms. (b) Exceptions. The prohibitions in subsection (a) do not apply to a foreign national who is a head of state, head of government, or cabinet-level minister. (c) Waiver. The Secretary of State may waive the prohibitions in subsection (a) for a foreign national if the Secretary— (1) decides that the waiver is important to the national interest of the United States; and (2) gives the appropriate congressional committees written notice that explains why the waiver was granted.
the actual law source: uscode.house.gov ↗public domain
(a) Denial of entry

Notwithstanding any other provision of law, the Secretary of State may not issue any visa to, and the Attorney General may not admit to the United States, any foreign national whom the Secretary finds, based on credible and specific information, to have been directly involved in the establishment or enforcement of population control policies forcing a woman to undergo an abortion against her free choice or forcing a man or woman to undergo sterilization against his or her free choice, unless the Secretary has substantial grounds for believing that the foreign national has discontinued his or her involvement with, and support for, such policies.

(b) Exceptions

The prohibitions in subsection (a) shall not apply in the case of a foreign national who is a head of state, head of government, or cabinet level minister.

(c) Waiver

The Secretary of State may waive the prohibitions in subsection (a) with respect to a foreign national if the Secretary—

(1)

determines that it is important to the national interest of the United States to do so; and

(2)

provides written notification to the appropriate congressional committees containing a justification for the waiver.

Source credit: (Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VIII, § 801], Nov. 29, 1999, 113 Stat. 1536, 1501A–468.)

history & why it existsrecord from the source credit
  • 1999Enacted · Pub. L. 106-113 · 113 Stat. 1536, 1501

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-113 on 1999-11-29.

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