Any alien is inadmissible or deportable if he or she engages in activities that are a threat to the security of the United States. An alien is any person who is not a citizen or national of the United States. Threats to national security include sabotage, terrorism, adverse foreign policy consequences, communists opposed to the U.S. government and Nazi persecutors.

Grounds of Inadmissibility

An alien is inadmissible under the Immigration and Nationality Act (INA) § 212(a)(3), 8 U.S.C. § 1182(a)(3), if a consular officer, the Attorney General, or in some cases the Secretary of Homeland Security knows or has a reasonable ground to believe that the alien satisfies the following grounds:

  • Sabotage, espionage, and other activities. Any alien who seeks to enter the United States to engage in any activity that violates United States law relating to espionage, sabotage or export controls is inadmissible. Any alien who seeks to enter the United States to oppose or overthrow the United States government is also inadmissible. This ground of inadmissibility includes a provision aimed at preventing aliens from obtaining sensitive information or technology that could compromise national security. For example, this provision bars nationals of a hostile foreign country from gaining access to a university facility conducting research vital to the national security, including aerospace research.
  • Terrorist activities and associations. Any alien who has engaged in terrorist activities or is likely to engage in terrorist activities in the United States is inadmissible. Terrorist activities include such things as hijacking an airplane, seizing another person to compel the government to take a specific act and using explosive devices to harm people or property.
  • Foreign Policy. An alien can be excluded if the Secretary of State has a reasonable ground to believe his or her entry or proposed activities within the United States would have potentially serious adverse foreign policy consequences.
  • Membership in Communist or other totalitarian party. Although INA § 212(a)(3)(D)(i), 8 U.S.C. § 1182(a)(3)(D)(i), still excludes any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party, there are exceptions. Aliens applying for entry as nonimmigrants are no longer inadmissible based upon membership in a Communist or other totalitarian party. Also, aliens whose membership in or affiliation with such a party was involuntary, was solely when under 16 years of age, was by operation of law, or was to obtain employment, funds, or other essentials of living are not inadmissible. Further, an immigrant who terminates membership in or affiliation with a totalitarian party at least two years before applying for a visa or admission to the United States is not inadmissible if the immigrant is not determined to be a threat to the security of the United States.
  • Participants in Nazi persecutions or genocide, participation in extrajudicial killing, torture, or interference with religious freedom. The INA bars the entry of any alien who, in association with the Nazi government of Germany, participated in the persecution of any person. The law also bars any alien who participated in genocide from being admitted to the United States. (See article on Genocide and Nazi Persecution)

Grounds of Deportation

Any alien who has been admitted into the United States can be found to be deportable and can be removed on the basis that he or she is a threat to the security of the United States. This ground includes the following:

  • Sabotage, espionage and other activities. An alien may be deported if he or she has engaged or is engaging in improper activities, such as violating U.S. laws relating to espionage or sabotage or violating any law prohibiting the export from the United States of goods, technology, or sensitive information, INA § 237(a)(4), 8 U.S.C. § 1227(a)(4). Any alien is deportable for endangering public safety or national security or for trying to oppose or overthrow the U.S. government by force, violence, or other unlawful means.
  • Terrorist activities. A noncitizen who engages or has engaged in terrorist activities is deportable and subject to special removal proceedings.
  • Foreign policy. 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. (link to article on Foreign Policy)
  • Nazi persecutions and genocide, participation in extrajudicial killing, torture, or interference with religious freedom. Aliens who assisted in Nazi persecution or engaged in genocide are deportable.

Questions For Your Attorney

  • What experience do you have in handling cases of people accused of being security threats to the United States?
  • What are the chances of winning if I challenge the claim that I'm a threat?How long will it take? How much will it cost?