Legal grounds for denying entry to US.

This section of immigration law is fascinating. This section may be Trump’s best tool to radically restrict immigration flows without having to consult Congress. His just announced decision to refuse to hear certain asylum petitions, and his impending changes to public charge criteria, arise from this section.

The law is found in Title 8, Chapter 12, Subchapter II, Part II, § 1182.

1.Health issues (communicative disease, insanity, drug abuser)

2. Crime (including criminal convictions, drug trafficking, prostitution, money laundering)

3. Security and related grounds (including overthrow of government, terrorist activity, member of terrorist organization, “proposed activities…potentially serious adverse foreign policy consequences for the United States”, member of totalitarian organization, current member of Communist party, affiliation with Nazism.

4. Public Charge (“Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible.”)

5. Labor certification (“(i) In general, Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that— (I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, (II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

6. Illegal entrants and immigration violators (including “Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this chapter is inadmissible.”)

7. Without documentation

8. Ineligible for citizenship (“Any immigrant who is permanently ineligible to citizenship is inadmissible.”)

9. Those previously removed.

10. Miscellaneous (including polygamists)

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