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IMMIGRATION NOVEMBER 03, 2023 | The Indian Eye 40
Emerging Immigration
Issues Arising from
Violence in the Middle East
CYRUS MEHTA & KAITLYN BOX Palestinian civilians becom- ed States are not obliged to The conflict may could (i)(IV)(bb) as representa-
ing displaced. Noncitizens return to unsafe areas, and also result in immigra- tives of “a political, social, or
he violence and loss of from affected areas who are to facilitate the process for tion-related consequences other group that endorses or
life in the Middle East currently in the United States those who are applying for an for those would support the espouses terrorist activity”.
Tthis week are unspeak- may be unable or unwilling to immigration benefit to come actions of Hamas. Senator INA 212(a)(3)(B)(v) defines
ably tragic, and it is innocent return as the violence inten- to the United States. Marco Rubio has called on “representative” as “an of-
Israeli and Palestinian citi- sifies and the region becomes As recommended by the Biden administration ficer, official, or spokesman
zens who stand to suffer the increasingly unsafe. The con- the American Immigration to “cancel and rescind visas of an organization, and any
most in the escalating con- flict poses a number of immi- Lawyers Association in a for foreign nationals who person who directs, coun-
flict. Hamas’ condemnable gration challenges for those statement titled “AILA Calls endorse or espouse terrorist sels, or induces an organi-
attack of Israeli civilians, as impacted by the conflict. The on Biden Administration to activity, including those who zation or its members to
well as Israel’s subsequent Biden administration can Help Those Displaced By defend or support Hamas”. engage in terrorist activity”.
preparations to invade Gaza take measures to ensure that Recent Violence in Middle Senator Rubio went on to Although it may be unlikely
to destroy Hamas, are likely noncitizens from the region East”, the Biden adminis- state that the administra- that the provision would be
to result in many Israeli and who are already in the Unit- tration can extend deferred tion “has the authority and enforced against a university
action, humanitarian pa- an obligation under existing student, there is a potential
role, or Temporary Pro- law to immediately identify, for troubling consequenc-
tected Status (TPS) to cancel the visas of, and re- es for a noncitizen leader
individuals from regions move foreign nationals al- of a student organization
impacted by the conflict ready here in America who who speaks out about the
who are in the United have demonstrated support conflict in a way that seems
States to ensure that terrorist groups”, and ex- to endorse terrorist activi-
they may remain safely pressed an intention to intro- ty. INA 237(a)(4)(B) also
in the country. Further, duce legislation to force the renders a noncitizen who is
the administration can Biden administration to take described in INA 212(a)(3)
suspend removals to ar- action accordingly. (B) and INA 212(a)(3)(D)
eas impacted by violence A coalition of student removable. Similarly, INA
to ensure that Israeli organizations at Harvard § 212(a)(3)(B)(i)(I) renders
and Palestinian nation- University published a let- inadmissible noncitizens
als in the United States ter stating that they “hold who “have engaged in ter-
will not be returned to the Israeli regime entirely rorist activity”, which can
unsafe locations. Addi- responsible for all unfolding include commission of “an
tionally, deadlines and violence”, and swiftly faced act that the actor knows, or
other requirements can backlash from Harvard fac- reasonably should know, af-
be relaxed for individu- ulty and alumni, as well as fords material support, in-
als from the region who the public at large. A Colum- cluding a safe house, trans-
are currently applying bia Law School student simi- portation, communications,
m of for an immigrant benefit larly had their job offer from funds, transfer of funds or
CYRUS D. MEHTA & PARTNERS PLLC before the Department a prominent firm rescinded other material financial ben-
of Homeland Security, after emailing a letter to stu- efit, false documentation or
Justice Department, or dents which stated in part identification, weapons (in-
Department of State to “Israel bears full responsibil- cluding chemical, biological,
ensure that their cas- ity for this tremendous loss or radiological weapons),
es will not be impacted of life”. These incidents raise explosives, or training” to a
by delays or difficulties the question of whether stu- terrorist organization. INA
resulting from the con- dent leaders who are in the § 212(a)(3)(B)(iv)(VI). The
flict. See AILA Doc. United States on an F-1 visa First Amendment of the US
No. 23101002 (Oct. 10, could be found inadmissible Constitution ought to pre-
2 6th Floor
2023). under INA § 212(a)(3)(B) clude the assumption that
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