Page:United States Statutes at Large Volume 101 Part 3.djvu/102

 101 STAT. 1400

PUBLIC LAW 100-204—DEC. 22, 1987

United States, subject to restrictions or conditions on entry into the United States, or subject to deportation because of any past, current, or expected beliefs, statements, or associations which, if engaged in by a United States citizen in the United States, would be protected under the Constitution of the United States. (b) CONSTRUCTION REGARDING EXCLUDABLE ALIENS.—Nothing in

Defense and national security.

Terrorism.

8 USC 1255a note.

this section shall be construed as affecting the existing authority of the executive branch to deport, to deny issuance of a visa to, or to deny admission to the United States of, any alien— (1) for reasons of foreign policy or national security, except . that such deportation or denied may not be based on past, ^t current, or expected beliefs, statements, or associations which, if / engaged in by a United States citizen in the United States, would be protected under the Constitution of the United States; (2) who a consular official or the Attorney General knows or f has reasonable ground to believe has engaged, in an individual capacity or as a member of an organization, in a terrorist -' activity or is likely to engage after entry in a terrorist activity; or f ' (3) who seeks to enter in an official capacity as a representative of a purported labor organization in a country where such organizations are in fact instruments of a totsditarian state. In addition, nothing in subsection (a) shall be construed as applying to an alien who is described in section 212(a)(33) of the Immigration and Nationality Act (relating to those who assisted in the Nazi persecutions), to an alien described in the last sentence of section 101(a)(42) of such Act (relating to those assisting in other persecutions) who is seeking the benefits of section 207, 208, 243(h)(l), or 245A of such Act (relating to admission as a refugee, asylum, withholding of deportation, and legalization), or to an alien who is described in section 21(c) of the State Department Basic Authorities Act of 1956. In paragraph (2), the term "terrorist activity" means the organizing, abetting, or participating in a wanton or indiscriminate act of violence with extreme indifference to the risk of causing death or serious bodily harm to individuals not taking part in armed hostilities. (c) CONSTRUCTION REGARDING STANDING TO SUE.—Nothing in this section shall be construed as affecting standing in any Federal court or in any administrative proceeding. (d) EFFECTIVE PERIOD.—Subsection (a) shall only apply to— (1) applications for visas submitted during 1988; ,,, (2) admissions sought after December 31, 1987, and before
 * , March 1, 1989; and

t^, (3) deportations based on activities occurring during 1988 or •; for which deportation proceedings (including judicial review with respect to such a proceeding) are pending at any time during 1988. SEC. 902. ADJUSTMENT TO LAWFUL RESIDENT STATUS OF CERTAIN NATIONALS OF COUNTRIES FOR WHICH EXTENDED VOLUNTARY DEPARTURE HAS BEEN MADE AVAILABLE.

(a) ADJUSTMENT OF STATUS.—The status of any alien who is a national of a foreign country the nationals of which were provided (or allowed to continue in) "extended voluntary departure" by the Attorney General on the basis of a nationality group determination at any time during the 5-year period ending on November 1, 1987,

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