Text: H.R.4648 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Introduced in House (02/23/2010)


111th CONGRESS
2d Session
H. R. 4648

To prohibit the release or parole of certain unprivileged enemy belligerents into the United States, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES
February 23, 2010

Mr. Smith of Texas (for himself, Mr. King of New York, Mr. Rogers of Kentucky, Mr. Hoekstra, Mr. McCotter, and Mr. Fortenberry) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To prohibit the release or parole of certain unprivileged enemy belligerents into the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Keep Terrorists at Bay Act of 2010”.

SEC. 2. Treatment of certain unprivileged enemy belligerents.

(a) Denial of entry.—

(1) IN GENERAL.—In the case of an alien described in paragraph (2), no court may order the alien’s release into the United States and the Secretary of State may not issue any visa, and the Secretary of Homeland Security may not admit or provide any type of status, to the alien to enter into, or be admitted to, the United States.

(2) ALIENS DESCRIBED.—An alien described in this paragraph is an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)))—

(A) who—

(i) is an unprivileged enemy belligerent (as defined in section 948a(7) of title 10, United States Code); or

(ii) has at any time been determined by a Combatant Status Review Tribunal to be an enemy combatant (pursuant to the definition employed by that tribunal); and

(B) who is or was in the custody of the United States at Guantanamo Bay, Cuba, before, on, or after the date of the enactment of this Act.

(b) Parole.—

(1) IN GENERAL.—Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended by adding at the end the following:

“(C) The Secretary of Homeland Security may not parole into the United States an alien—

“(i) who—

“(I) is an unprivileged enemy belligerent (as defined in section 948a(7) of title 10, United States Code); or

“(II) has at any time been determined by a Combatant Status Review Tribunal to be an enemy combatant (pursuant to the definition employed by that tribunal); and

“(ii) who is or was in the custody of the United States at Guantanamo Bay, Cuba, before, on, or after the date of the enactment of this subparagraph.”.

(2) TECHNICAL AND CONFORMING AMENDMENTS.—Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended—

(A) by striking “Attorney General” each place such term appears and inserting “Secretary of Homeland Security”;

(B) by striking “in his discretion” and inserting “in the Secretary’s discretion”;

(C) by striking “as he may prescribe” and inserting “as the Secretary may prescribe”;

(D) by striking “he was paroled” and inserting “the alien was paroled”; and

(E) by striking “his case” and inserting “the alien’s case”.