Text: H.R.4648 — 111th Congress (2009-2010)

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Introduced in House (02/23/2010)


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[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 4648 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4648

    To prohibit the release or parole of certain unprivileged enemy 
      belligerents into the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 2010

 Mr. Smith of Texas (for himself, Mr. King of New York, Mr. Rogers of 
 Kentucky, Mr. Hoekstra, Mr. McCotter, and Mr. Fortenberry) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
    To prohibit the release or parole of certain unprivileged enemy 
      belligerents into the United States, 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 ``Keep Terrorists at Bay Act of 
2010''.

SEC. 2. TREATMENT OF CERTAIN UNPRIVILEGED ENEMY BELLIGERENTS.

    (a) Denial of Entry.--
            (1) In general.--In the case of an alien described in 
        paragraph (2), no court may order the alien's release into the 
        United States and the Secretary of State may not issue any 
        visa, and the Secretary of Homeland Security may not admit or 
        provide any type of status, to the alien to enter into, or be 
        admitted to, the United States.
            (2) Aliens described.--An alien described in this paragraph 
        is an alien (as defined in section 101(a)(3) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(3)))--
                    (A) who--
                            (i) is an unprivileged enemy belligerent 
                        (as defined in section 948a(7) of title 10, 
                        United States Code); or
                            (ii) has at any time been determined by a 
                        Combatant Status Review Tribunal to be an enemy 
                        combatant (pursuant to the definition employed 
                        by that tribunal); and
                    (B) who is or was in the custody of the United 
                States at Guantanamo Bay, Cuba, before, on, or after 
                the date of the enactment of this Act.
    (b) Parole.--
            (1) In general.--Section 212(d)(5) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(d)(5)) is amended by adding at 
        the end the following:
    ``(C) The Secretary of Homeland Security may not parole into the 
United States an alien--
            ``(i) who--
                    ``(I) is an unprivileged enemy belligerent (as 
                defined in section 948a(7) of title 10, United States 
                Code); or
                    ``(II) has at any time been determined by a 
                Combatant Status Review Tribunal to be an enemy 
                combatant (pursuant to the definition employed by that 
                tribunal); and
            ``(ii) who is or was in the custody of the United States at 
        Guantanamo Bay, Cuba, before, on, or after the date of the 
        enactment of this subparagraph.''.
            (2) Technical and conforming amendments.--Section 212(d)(5) 
        of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is 
        amended--
                    (A) by striking ``Attorney General'' each place 
                such term appears and inserting ``Secretary of Homeland 
                Security'';
                    (B) by striking ``in his discretion'' and inserting 
                ``in the Secretary's discretion'';
                    (C) by striking ``as he may prescribe'' and 
                inserting ``as the Secretary may prescribe'';
                    (D) by striking ``he was paroled'' and inserting 
                ``the alien was paroled''; and
                    (E) by striking ``his case'' and inserting ``the 
                alien's case''.
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