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HR 1741 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 1741CommentsClose CommentsPermalink

To authorize the Secretary of Homeland Security and the Secretary of State to refuse or revoke visas to aliens if in the security or foreign policy interests of the United States, to require the Secretary of Homeland Security to review visa applications before adjudication, to provide for the immediate dissemination of visa revocation information, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

May 5, 2011CommentsClose CommentsPermalink

Mr. SMITH of Texas (for himself, Mr. BILIRAKIS, Mr. KING of Iowa, Mr. CALVERT, Mr. POE of Texas, Mr. ROSS of Florida, Mr. GALLEGLY, Mr. AKIN, and Mr. MCCAUL) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To authorize the Secretary of Homeland Security and the Secretary of State to refuse or revoke visas to aliens if in the security or foreign policy interests of the United States, to require the Secretary of Homeland Security to review visa applications before adjudication, to provide for the immediate dissemination of visa revocation information, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Secure Visas Act’.CommentsClose CommentsPermalink

SEC. 2. VISA REFUSAL AND REVOCATION.

(a) Authority of the Secretary of Homeland Security and the Secretary of State-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 428 of the Homeland Security Act (6 U.S.C. 236) is amended by striking subsections (b) and (c) and inserting the following:CommentsClose CommentsPermalink





‘(b) Authority of the Secretary of Homeland Security-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Notwithstanding section 104(a) of the Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other provision of law, and except for the authority of the Secretary of State under subparagraphs (A) and (G) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), the Secretary--CommentsClose CommentsPermalink





‘(A) shall have exclusive authority to issue regulations, establish policy, and administer and enforce the provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) and all other immigration or nationality laws relating to the functions of consular officers of the United States in connection with the granting and refusal of a visa; andCommentsClose CommentsPermalink





‘(B) may refuse or revoke any visa to any alien or class of aliens if the Secretary, or designee, determines that such refusal or revocation is necessary or advisable in the security interests of the United States.CommentsClose CommentsPermalink





‘(2) EFFECT OF REVOCATION- The revocation of any visa under paragraph (1)(B)--CommentsClose CommentsPermalink





‘(A) shall take effect immediately; andCommentsClose CommentsPermalink





‘(B) shall automatically cancel any other valid visa that is in the alien’s possession.CommentsClose CommentsPermalink





‘(3) JUDICIAL REVIEW- Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review a decision by the Secretary of Homeland Security to refuse or revoke a visa, and no court shall have jurisdiction to hear any claim arising from, or any challenge to, such a revocation.CommentsClose CommentsPermalink





‘(c) Authority of the Secretary of State-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary of State may direct a consular officer to refuse a visa requested by, or revoke a visa issued to, an alien if the Secretary of State determines such refusal or revocation to be necessary or advisable in the foreign policy interests of the United States.CommentsClose CommentsPermalink





‘(2) LIMITATION- No decision by the Secretary of State to approve a visa may override a decision by the Secretary of Homeland Security under subsection (b).’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act and shall apply to visa refusals and revocations occurring before, on, or after such date.CommentsClose CommentsPermalink





(b) Issuance of Visas at Designated Consular Posts and Embassies-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 428(i) of the Homeland Security Act (6 U.S.C. 236(i)) is amended to read as follows:CommentsClose CommentsPermalink





‘(i) Visa Issuance at Designated Consular Posts and Embassies- Notwithstanding any other provision of law, the Secretary of Homeland Security--CommentsClose CommentsPermalink





‘(1) shall conduct an on-site review of all visa applications and supporting documentation before adjudication at all visa-issuing posts in Algeria; Canada; Colombia; Egypt; Germany; Hong Kong; India; Indonesia; Iraq; Jerusalem, Israel; Jordan; Kuala Lumpur, Malaysia; Kuwait; Lebanon; Mexico; Morocco; Nigeria; Pakistan; the Philippines; Saudi Arabia; South Africa; Syria; Tel Aviv, Israel; Turkey; United Arab Emirates; the United Kingdom; Venezuela; and Yemen; andCommentsClose CommentsPermalink





‘(2) is authorized to assign employees of the Department to each diplomatic and consular post at which visas are issued unless, in the Secretary’s sole and unreviewable discretion, the Secretary determines that such an assignment at a particular post would not promote national or homeland security.’.CommentsClose CommentsPermalink





(2) EXPEDITED CLEARANCE AND PLACEMENT OF DEPARTMENT OF HOMELAND SECURITY PERSONNEL AT OVERSEAS EMBASSIES AND CONSULAR POSTS- The Secretary of State shall accommodate and ensure--CommentsClose CommentsPermalink





(A) not later than 1 year after the date of the enactment of this Act, that Department of Homeland Security personnel assigned by the Secretary of Homeland Security under section 428(i)(1) of the Homeland Security Act have been stationed at post such that the post is fully operational; andCommentsClose CommentsPermalink





(B) not later than 1 year after the date on which the Secretary of Homeland Security designates an additional consular post or embassy for personnel under section 428(i)(2) of the Homeland Security Act that the Department of Homeland Security personnel assigned to such post or embassy have been stationed at post such that the post is fully operational.CommentsClose CommentsPermalink





(c) Visa Revocation-CommentsClose CommentsPermalink





(1) INFORMATION- Section 428 of the Homeland Security Act (6 U.S.C. 236) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(j) Visa Revocation Information- If the Secretary of Homeland Security or the Secretary of State revokes a visa--CommentsClose CommentsPermalink





‘(1) the relevant consular, law enforcement, and terrorist screening databases shall be immediately updated on the date of the revocation; andCommentsClose CommentsPermalink





‘(2) look-out notices shall be posted to all Department of Homeland Security port inspectors and Department of State consular officers.’.CommentsClose CommentsPermalink





(2) EFFECT OF VISA REVOCATION; JUDICIAL REVIEW OF VISA REVOCATIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended by striking the final sentence and inserting the following: ‘A revocation under this subsection shall take effect immediately and shall automatically cancel any other valid visa that is in the alien’s possession. Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, a revocation under this subsection may not be reviewed by any court, and no court shall have jurisdiction to hear any claim arising from, or any challenge to, such a revocation.’.CommentsClose CommentsPermalink





(B) EFFECTIVE DATE- The amendment made by subparagraph (A) shall take effect on the date of the enactment of this Act and shall apply to revocations under section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) occurring before, on, or after such date.CommentsClose CommentsPermalink