Aliens are inadmissible to and deportable from the United States if they are a threat to national security. An alien is any person who is not a citizen or national of the United States. Any alien who has participated in Nazi persecutions, genocide, torture or killing without a court's order for execution is considered a threat to national security and can be removed from the United States by the government. Violating religious freedom and the use or recruitment of child soldiers are also grounds of inadmissibility and deportability.

Inadmissibility

Any alien who has participated in Nazi persecutions or genocide is inadmissible to the United States under Immigration and Nationality Act (INA) § 212(a)(3)(E), 8 U.S.C. § 1182(a)(3)(E). That includes:

  • Any alien who, between March 23, 1933, and May 8, 1945, under the direction of, or in association with, the Nazi government of Germany or any satellite or ally of that government, ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, religion, national origin or political opinion. Because of the lapse of time, the effect of this inadmissibility is now more symbolic than practical.
  • Any alien who has ordered, incited assisted or otherwise participated in conduct outside the United States that would qualify as genocide under 18 U.S.C. § 1091(a) if done in the United States or by a U.S. national. Genocide is the killing or injuring of members of a national, ethnic, racial or religious group, with the specific intention of destroying the group as such, in whole or in part. The law also subjects persecutors and committers of genocide to deportation and bars them from waivers of inadmissibility as nonimmigrants, from withholding of removal on the ground of anticipated persecution, and from voluntary departure at the end of proceedings.
  • Aliens who have participated in torture or unlawful killing outside the United States are inadmissible. Although this inadmissibility can be waived, these aliens are deportable and ineligible for withholding of removal or voluntary departure at the conclusion of removal proceedings.

Deportability

An alien can be deported if he or she has participated in Nazi persecution, genocide, or the commission of any act of torture or unlawful killing, INA § 237(a)(4)(D), 8 U.S.C. § 1227(a)(4)(D). Because the Nazi's control of Germany ended at the end of World War II, Nazi persecution is not usually an issue. However, genocide, torture and extrajudicial or unlawful killing still are grounds for deportation and removal.

Questions for Your Attorney

  • What experience do you have in handling cases of people accused of having committed genocide, Nazi persecution, or similar situations?
  • What are the chances of success if someone challenges grounds of inadmissibility and deportability?
  • If I want to challenge the government's claimed grounds of inadmissibility and deportability, how long could the process take, and how much would it cost?