Bill Summary
The "Protecting America From Spies Act" is a proposed amendment to the Immigration and Nationality Act aimed at enhancing national security by tightening the criteria for visa issuance. The legislation expands the grounds for inadmissibility to the United States by making any foreign national who engages, has engaged, or is likely to engage in espionage-related activities or technology transfer violations ineligible for a visa. This includes acts of espionage, sabotage, and violations of laws prohibiting the export of sensitive information.
Specifically, the bill outlines various activities that would lead to inadmissibility, such as engaging in unlawful activities against the U.S. government or attempting to overthrow it through violent means. Additionally, it applies these inadmissibility rules to the spouses and children of individuals found inadmissible for such reasons within the last five years.
The bill also modifies the waiver authority, limiting the ability of certain individuals to apply for waivers of inadmissibility under these expanded criteria. Overall, the act seeks to strengthen U.S. immigration policy by safeguarding against potential threats to national security.
Possible Impacts
The proposed "Protecting America From Spies Act" could have several impacts on individuals and groups. Here are three examples:
1. **Increased Visa Denials for Certain Applicants**: The amendments to the Immigration and Nationality Act could lead to increased scrutiny of visa applications, particularly for individuals from countries with high rates of espionage or technology transfer violations. This could result in legitimate students, professionals, or researchers being denied entry to the U.S. based on concerns about their potential activities, even if they have no intentions of engaging in espionage or illegal technology transfers.
2. **Family Separation**: The bill includes provisions that make spouses and children of individuals deemed inadmissible due to espionage-related activities also inadmissible. This could lead to family separations, with innocent family members being barred from entering the U.S. or being forced to remain outside the country due to the actions of one member of their family, regardless of their own conduct or intentions.
3. **Chilling Effect on International Collaboration**: The stringent criteria for inadmissibility related to espionage and technology transfer could deter foreign professionals and researchers from collaborating with U.S. institutions. This could have negative implications for academic research, innovation, and international partnerships, as individuals may fear being wrongly categorized and facing visa denials based on their country of origin or professional background, ultimately impacting the U.S. economy and research landscape.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 419 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 419
To amend section 212 of the Immigration and Nationality Act to ensure
that efforts to engage in espionage or technology transfer are
considered in visa issuance, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 15, 2025
Mr. Cline (for himself, Mr. Bergman, Mr. Ogles, and Mr. Higgins of
Louisiana) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend section 212 of the Immigration and Nationality Act to ensure
that efforts to engage in espionage or technology transfer are
considered in visa issuance, 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 ``Protecting America From Spies Act''.
SEC. 2. EXPANDING INADMISSIBILITY ON SECURITY AND RELATED GROUNDS.
(a) In General.--Section 212(a)(3)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(A)) is amended to read as follows:
``(A) In general.--Any alien is inadmissible if a
consular officer, an immigration officer, the Secretary
of Homeland Security, or the Attorney General knows, or
has reasonable ground to believe, that the alien--
``(i) engages, has engaged, or will engage
in any activity--
``(I) in violation of any law of
the United States relating to espionage
or sabotage; or
``(II) that would violate any law
of the United States relating to
espionage or sabotage if the activity
occurred in the United States;
``(ii) engages, has engaged, or will engage
in any activity in violation or evasion of any
law prohibiting the export from the United
States of goods, technology, or sensitive
information;
``(iii) seeks to enter the United States to
engage solely, principally, or incidentally in
any other unlawful activity;
``(iv) seeks to enter the United States to
engage solely, principally, or incidentally in
any activity a purpose of which is the
opposition to, or the control or overthrow of,
the Government of the United States by force,
violence, or other unlawful means; or
``(v) is the spouse or child of an alien
who is inadmissible under this subparagraph, if
the activity causing the alien to be found
inadmissible occurred within the last 5
years.''.
(b) Waiver Authority.--Section 212(d)(3)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended by striking
``(other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C),
and clauses (i) and (ii) of paragraph (3)(E) of such subsection)'' each
place such phrase appears and inserting ``(other than subparagraphs
(A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of
paragraph (3) of such subsection)''.
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