Grounds for Removal - National Security and Related Grounds

National Security and Related Grounds

The Immigration and Naturalization Act (INA) § 237 sets for the grounds for removal. There are six categories of "removal" grounds: 1) inadmissible at time of entry or adjustment of status, or violates status; 2) criminal offenses; 3) failure to register and falsification of documents; 4) security and related grounds; 5) public charge; and 6) unlawful voters. The category of security and related grounds includes activities such as sabotage and espionage, terrorism, activities with potentially adverse foreign policy consequences, and participation in Nazi persecutions or genocide.

Security and Related Grounds

Any alien who has engaged in any activity to violate any law of the United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information; any other criminal activity which endangers public safety or national security; or 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, is removable.

Terrorist Activities

If an alien has engaged in terrorist activities. "Terrorist activities" are defined as any activities which are unlawful under the laws of the place where they are committed and which involve any one of a number of specific characteristics, including hijacking, sabotage, assassination, or the use of explosives.

Activities with Adverse Foreign Policy Considerations

An alien is removable if he or she engages in any activities that would have potentially serious adverse foreign policy consequences for the United States. The U.S. Secretary of State makes this determination if he or she has "reasonable ground to believe" that the activity would have such consequences.

Nazi Persecution and Genocide

Any alien who assisted in Nazi persecutions or who has engaged in genocide is removable. Genocide involves the specific intent to destroy a designated group of people who share a common characteristic, such as ethnicity or nationality.

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