13 Nov 2011

DHS 'material support' waiver determination

DEPARTMENT OF HOMELAND SECURITY - Office of the Secretary - Exercise of Authority Under the Immigration and Nationality Act: "Following consultations with the Secretary of State and the Attorney General, I hereby conclude, as a matter of discretion in accordance with the authority granted to me by section 212(d)(3)(B)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(d)(3)(B)(i), as amended, as well as the foreign policy and national security interests deemed relevant in these consultations, that subsections 212(a)(3)(B)(iv)(VI)(bb), (cc), and (dd) of the INA, 8 U.S.C. 1182(a)(3)(B)(iv)(VI)(bb), (cc), and (dd), shall not apply with respect to the provision of medical care by an alien, provided that the alien satisfies the relevant agency authority that the alien: (a) Is seeking a benefit or protection under the INA and has been determined to be otherwise eligible for the benefit or protection; (b) Has undergone and passed all relevant background and security checks; (c) Has fully disclosed, to the best of his or her knowledge, in all relevant applications and interviews with U.S. government representatives and agents, the nature and circumstances of any medical care provided and any other activity or association falling within the scope of section 212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B); (d) Has not voluntarily and knowingly provided medical care on behalf of a designated terrorist organization, as described in INA section 212(a)(3)(B)(vi)(I) or (II); (e) Has not voluntarily and knowingly provided medical care with the intent of furthering the terrorist or otherwise violent activities of an organization or individual; (f) Poses no danger to the safety and security of the United States; and (g) Warrants an exemption from the relevant inadmissibility provision in the totality of the circumstances." - Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011.