§2.Limitation on alien eligibility for admission and naturalization
This section revises inadmissibility grounds under INA §212(a)(3)(D) to apply to any alien (not just immigrants) who is or was a member of or affiliated with a Chinese communist party, communist party, socialist party, Islamic fundamentalist party, or other totalitarian party (or affiliate); eliminates the prior exception for involuntary membership; lowers the applicable age threshold in the remaining exception to 14 years old (from 16); strikes prior clauses (iii) and (iv); and adds a new bar on aliens who advocate or advocated for, or are or were affiliated with organizations advocating, socialism, communism, Chinese communism, Marxism, or Islamic fundamentalism (with an exception for advocacy solely under age 14), with such determinations nonreviewable by any court.
The section adds a new deportability ground under INA §237(a)(4)(G) for any alien who engages in advocacy for, writes or distributes materials advocating, or is a member of or affiliated with a Chinese communist party, communist party, socialist party, Islamic fundamentalist party, or organization advocating communism, Chinese communism, socialism, Marxism, or Islamic fundamentalism (including post-admission), with such determinations nonreviewable by any court.
The section further amends INA §313 to bar naturalization for any person who is or was a member of or affiliated with, or who advocates or advocated for, a communist party, socialist party, Chinese communist party, Islamic fundamentalist party, other totalitarian party, or related organization; expands the doctrines covered to include those of socialism, communism, Chinese communism, Marxism, or Islamic fundamentalism; applies the bar to past as well as present actions and to electronic as well as written materials; and makes related determinations nonreviewable by any court. (Thus, these changes broaden grounds to past conduct, specified ideologies, and nonimmigrants; eliminate certain prior exceptions; and preclude judicial review.)