An alien is inadmissible to or deportable from the U.S. if he or she might have a potentially serious adverse effect on the foreign policy of the United States. An alien is any person who is not a citizen or national of the United States.

Inadmissible on Foreign Policy Grounds

An alien can be excluded from the United States under the Immigration and Naturalization Act (INA) § 212(a)(3)(C)(i), 8 U.S.C. § 1182(a)(3)(C)(i), if the Secretary of State has a reasonable ground to believe the alien's entry or proposed activities within the United States would have potentially serious adverse foreign policy consequences. There are two exceptions to this general rule:

  1. Officials of a foreign government. An alien who is an official of a foreign government, or a purported government, or who is a candidate for election to a foreign government office (if seeking entry into the United States during the period immediately before the election) is not inadmissible solely because of any past, current, or expected beliefs, statements, or associations that would be lawful in the United States.

    Inadmissibility cannot be based merely on the possible content of a speech to be given by the alien in the United States. Instead, there must be some clear negative foreign policy impact beyond the speech or its content that would permit exclusion.

  2. Specified other aliens. Inadmissibility for all other aliens cannot be based on the alien's past, current, or expected beliefs, statements, or associations that would be lawful in the United States, unless the Secretary of State personally determines that the alien's admission would compromise a compelling United States foreign policy interest.

    This standard is significantly higher than that used for government officials. Because the Secretary of State must personally inform the relevant congressional committees when a determination of inadmissibility is made under this standard, the provision is used sparingly. Circumstances under which this provision can be used include when an alien's mere entry into the United States could result in imminent harm to the lives or property of U.S. persons abroad or the property of the U.S. government abroad (such in the case of the former Shah of Iran) or when an alien's entry would violate a treaty or international agreement to which the United States is a party.

Deportable on Foreign Policy Grounds

Aliens who the Secretary of State has reason to believe would have a potentially serious adverse effect on the foreign policy of the United States are deportable under INA § 237(a)(4)(c), 8 U.S.C. § 1227(a)(4)(C), unless they fall within one of the exceptions described above. Namely, they are officials of a foreign government with lawful opinions, or they are other aliens whose admission will not compromise a compelling United States foreign policy interest.

Questions for Your Attorney

  • Can a foreign official be excluded from the United States on the basis that the Secretary of State does not like his opinions?
  • What does the Secretary of State have to do in order to exclude any other alien besides a government official from the United States on foreign policy grounds?
  • When can an alien be deported from the United States on foreign policy grounds?