S. 2255 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2255 IN THE SENATE OF THE UNITED STATES April 10, 2014 Mr. McCain (for himself and Mr. Menendez) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To remove the Kurdistan Democratic Party and the Patriotic Union of Kurdistan from treatment as terrorist organizations and for other purposes. 1. Treatment of the Kurdistan Democratic Party and the Patriotic Union of Kurdistan under the Immigration and Nationality Act (a) Exemption of the Kurdistan Democratic Party and the Patriotic Union of Kurdistan from treatment as terrorist organizations (1) In general Except as provided in paragraph (2), the Kurdistan Democratic Party and the Patriotic Union of Kurdistan shall not be considered to be terrorist organizations (as defined in section 212(a)(3)(B)(vi)(III) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(III))) for purposes of such section 212(a)(3)(B). (2) Exception The Secretary of State, after consultation with the Secretary of Homeland Security and the Attorney General, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may suspend the application of paragraph (1) for either or both of the groups referred to in paragraph (1) in such Secretary’s sole and unreviewable discretion. (b) Relief regarding admissibility of nonimmigrant aliens associated with the Kurdistan Democratic Party and the Patriotic Union of Kurdistan (1) In general Subject to paragraph (2), section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) shall not apply to an alien, with respect to the alien’s activities undertaken in association with the Kurdistan Democratic Party or the Patriotic Union of Kur­di­stan, if the alien is applying for a nonimmigrant visa, presents himself or herself for inspection to an immigration officer at a port of entry as a nonimmigrant, or is applying in the United States for nonimmigrant status, unless a consular officer or the Secretary of Homeland Security— (A) knows, or has reasonable grounds to believe, that the alien poses a threat to the safety and security of the United States; or (B) otherwise believes, in his or her discretion, that the alien does not warrant a visa, admission to the United States, or a grant of nonimmigrant status in the totality of the circumstances. (2) Exception The Secretary of State, after consultation with the Secretary of Homeland Security and the Attorney General, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may suspend the application of paragraph (1) in such Secretary’s sole and unreviewable discretion. (3) Consultation requirement The Secretary of State and the Secretary of Homeland Security shall implement this subsection in consultation with the Attorney General. (4) Construction Nothing in this subsection may be construed to alter an alien’s burden of demonstrating admissibility under the immigration laws of the United States. 2. Prohibition on judicial review Notwithstanding any other provision of law (whether statutory or nonstatutory), section 242 of the Immigration and Nationality Act (8 U.S.C. 1252), sections 1361 and 1651 of title 28, United States Code, section 2241 of such title, and any other habeas corpus provision of law, no court shall have jurisdiction to review any determination made pursuant to this Act.