Advance Copy of DHS "material support" waiver determination

"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. Implementation of this determination will be made by U.S. Citizenship and Immigration Services (USCIS), in consultation with U.S. Immigration and Customs Enforcement (ICE), or by U.S. consular officers, as applicable, who shall ascertain, to their satisfaction, and in their discretion, that the particular applicant meets each of the criteria set forth above. When considering the totality of the circumstances, factors to be considered may include, among others: the purpose, extent, frequency, and nature of the medical care provided; the circumstances under which it was provided; the alien’s involvement with the terrorist organization, including past or present membership and role in the organization; the nature of the activities committed by the terrorist organization; the alien’s awareness of those activities; and the alien’s conduct since providing the medical care." - FR Doc. 2011-29316 Filed 11/10/2011 at 8:45 am; Publication Date: 11/14/2011.