Statutes, codes, and regulations
United States Code
Title 8 - ALIENS AND NATIONALITYChapter 12 - IMMIGRATION AND NATIONALITYSubchapter II - IMMIGRATION
Part II - ADMISSION QUALIFICATIONS FOR ALIENS; TRAVEL CONTROL OF CITIZENS AND ALIENS
Section 1182e - Denial of entry into United States of foreign nationals engaged in establishment or enforcement of forced abortion or sterilization policy

8 U.S.C. § 1182e

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Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)
Section 1182e - Denial of entry into United States of foreign nationals engaged in establishment or enforcement of forced abortion or sterilization policy
(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.

8 U.S.C. § 1182e

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

EDITORIAL NOTES

CODIFICATIONSection was enacted as part of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001, and not as part of the Immigration and Nationality Act which comprises this chapter.

STATUTORY NOTES AND RELATED SUBSIDIARIES

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONSFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

Attorney General
The term "Attorney General" means the Attorney General of the United States.
Service
The term "Service" means the Immigration and Naturalization Service of the Department of Justice.
State
The term "State" includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
national
The term "national" means a person owing permanent allegiance to a state.
naturalization
The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever.
substantial
The term "substantial" means, for purposes of paragraph (15)(E) with reference to trade or capital, such an amount of trade or capital as is established by the Secretary of State, after consultation with appropriate agencies of Government.