H.R. 7964 — Halt Immigration from Countries with Inadequate Verification Capabilities Act

This section states the following congressional findings: (1) the Supreme Court in Trump v. Hawaii, 585 U.S. (2018), upheld the President's authority under INA §212(f) to restrict entry from countries posing national security risks due to inadequate vetting and affirmed that such facially neutral measures do not violate the Establishment Clause; (2) Presidential Proclamation 9645 (Sept. 24, 2017) identified Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen for entry restrictions due to deficient vetting and risk factors; (3) expanding restrictions to additional countries with similar issues (e.g., instability, state-sponsored terrorism, verification failures) is necessary for U.S. national security; and (4) this Act applies such restrictions to Afghanistan, Sudan, Eritrea, and the Central African Republic due to infeasible identity and background verification.

This section establishes definitions for terms used in the Act, including (1) "designated country," meaning Somalia; any country identified in Presidential Proclamation 9645, as upheld in Trump v. Hawaii (i.e., Iran, Libya, North Korea, Syria, Venezuela, and Yemen); and any other country designated by the Secretary of State, in consultation with the Secretary of Homeland Security and the Director of National Intelligence, where government or conditions preclude reliable identity, background, or intent verification due to factors such as inadequate information sharing, lack of diplomatic cooperation, state failure, or national security risks (including but not limited to Afghanistan, Sudan, Eritrea, and the Central African Republic); (2) "alien," as defined in INA §101(a)(3); and (3) "admission," as defined in INA §101(a)(13).

This section directs the Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, to prohibit the admission of any alien who is a national of, or who has resided in, a designated country during the five-year period preceding the date of application for admission. The prohibition does not apply to (1) lawful permanent residents of the United States, (2) aliens admitted as refugees or granted asylum prior to enactment, (3) aliens serving in the U.S. Armed Forces or their immediate family members, (4) aliens traveling on diplomatic visas issued by their country of origin, or (5) aliens whose admission is deemed in the national interest on a case-by-case basis (including students and certain nonimmigrants subject to enhanced screening as referenced in Presidential Proclamation 9645). The Secretary may waive the prohibition if necessary for humanitarian reasons or to ensure compliance with international obligations, consistent with waiver processes upheld in Trump v. Hawaii.

This section establishes a designation and review process for countries under section 3(1)(C), including (1) requiring the Secretary of State to publish an initial list in the Federal Register within 60 days of enactment, with rationale referencing verification standards in Presidential Proclamation 9645 and Trump v. Hawaii; (2) directing annual reviews to add or remove countries based on verification capabilities and national security risks, with changes published in the Federal Register after a 30-day notice period; and (3) requiring annual reports to appropriate congressional committees, including classified annexes as necessary.

This section directs the Secretary of Homeland Security, in coordination with the Secretary of State, to develop and implement enhanced vetting procedures—drawing from those established in Presidential Proclamation 9645—for aliens from designated countries who may qualify for exceptions or waivers under section 4. Such procedures must be implemented not later than 180 days after enactment.

This section directs enforcement of the Act's provisions in accordance with the Immigration and Nationality Act and subjects any alien who attempts to enter the United States in violation of the Act to removal proceedings and a 10-year bar on reentry.

This section establishes a severability clause, providing that the invalidation of any provision of the Act, or its application to any person or circumstance, does not affect the remainder of the Act or the application of such provision to other persons or circumstances.