HR4234-119

1. Short title This Act may be cited as the Safeguarding Americans From Extremist Risk (SAFER) at the Border Act.

2. Definition of known or suspected terrorist and special interest alien Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following: The term known terrorist means an individual who has been— arrested, charged by information, indicted for, or convicted of a crime related to terrorism or terrorist activities by the United States Government or a foreign government authority; or identified as a terrorist or as a member of a terrorist organization pursuant to statute, Executive order, or international legal obligation pursuant to a United Nations Security Council Resolution. The term special interest alien means an alien who, based upon an analysis of travel patterns and other information available to the United States Government, potentially poses a national security risk to the United States or its interests due to a known or potential nexus to terrorism. The term suspected terrorist means an individual who is reasonably suspected to be engaging in, has engaged in, or intends to engage in conduct constituting, in preparation for, in aid of, or related to terrorism or terrorist activities. (53)The term known terrorist means an individual who has been—(A)arrested, charged by information, indicted for, or convicted of a crime related to terrorism or terrorist activities by the United States Government or a foreign government authority; or (B)identified as a terrorist or as a member of a terrorist organization pursuant to statute, Executive order, or international legal obligation pursuant to a United Nations Security Council Resolution.(54)The term special interest alien means an alien who, based upon an analysis of travel patterns and other information available to the United States Government, potentially poses a national security risk to the United States or its interests due to a known or potential nexus to terrorism. (55)The term suspected terrorist means an individual who is reasonably suspected to be engaging in, has engaged in, or intends to engage in conduct constituting, in preparation for, in aid of, or related to terrorism or terrorist activities..

3. Parole of certain aliens prohibited Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended— by redesignating subparagraph (C) as subparagraph (D); and by striking subparagraphs (A) and (B) and inserting the following: Except as provided in subparagraphs (B) and (C) and in section 214(f), the Secretary of Homeland Security may temporarily parole into the United States, under such conditions as the Secretary may prescribe, and only on a case-by-case basis for urgent humanitarian reasons or significant public benefit, arriving aliens applying for admission to the United States. Such parole of any such alien shall not be regarded as an admission of the alien and when the purposes of such parole, in the opinion of the Secretary, have been served, such alien shall immediately return or be returned to the custody from which such alien was paroled. Following the conclusion of such parole, such alien's case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States. The Secretary of Homeland Security may not parole into the United States an alien who is a refugee. The Secretary of Homeland Security may not parole into the United States any alien who has been designated by any official of the Department of State or the Department of Homeland Security as— an alien who is inadmissible under subsection (a)(3)(A) on the grounds that the alien seeks to enter the United States to engage solely, principally, or incidentally in an activity related to espionage, sabotage, other unlawful activity, or any activity to overthrow the Government of the United States; an alien who is inadmissible under paragraph (2), (3)(B), or (3)(F) of subsection (a) due to criminal activities (including membership in a transnational criminal organization) or terrorist activities (including association with a terrorist organization); an alien who is listed on the Federal Bureau of Investigation Threat Screening Center’s Terrorism Watchlist or any other successor database; an alien who has been arrested, charged by information, indicted, or convicted by the United States Government or by a foreign government for a crime related to terrorism or terrorist activities; or an alien who, based upon an analysis of travel patterns and other information available to the United States Government, potentially poses a national security risk to the United States or its interests due to a known or potential nexus to terrorism. (A)Except as provided in subparagraphs (B) and (C) and in section 214(f), the Secretary of Homeland Security may temporarily parole into the United States, under such conditions as the Secretary may prescribe, and only on a case-by-case basis for urgent humanitarian reasons or significant public benefit, arriving aliens applying for admission to the United States. Such parole of any such alien shall not be regarded as an admission of the alien and when the purposes of such parole, in the opinion of the Secretary, have been served, such alien shall immediately return or be returned to the custody from which such alien was paroled. Following the conclusion of such parole, such alien's 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 Secretary of Homeland Security may not parole into the United States an alien who is a refugee.(C)The Secretary of Homeland Security may not parole into the United States any alien who has been designated by any official of the Department of State or the Department of Homeland Security as—(i)an alien who is inadmissible under subsection (a)(3)(A) on the grounds that the alien seeks to enter the United States to engage solely, principally, or incidentally in an activity related to espionage, sabotage, other unlawful activity, or any activity to overthrow the Government of the United States;(ii)an alien who is inadmissible under paragraph (2), (3)(B), or (3)(F) of subsection (a) due to criminal activities (including membership in a transnational criminal organization) or terrorist activities (including association with a terrorist organization);(iii)an alien who is listed on the Federal Bureau of Investigation Threat Screening Center’s Terrorism Watchlist or any other successor database; (iv)an alien who has been arrested, charged by information, indicted, or convicted by the United States Government or by a foreign government for a crime related to terrorism or terrorist activities; or(v)an alien who, based upon an analysis of travel patterns and other information available to the United States Government, potentially poses a national security risk to the United States or its interests due to a known or potential nexus to terrorism..