118 STAT. 3740 PUBLIC LAW 108–458—DEC. 17, 2004 Subtitle E—Treatment of Aliens Who Com- mit Acts of Torture, Extrajudicial Kill- ings, or Other Atrocities Abroad SEC. 5501. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO HAVE COMMITTED ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS ABROAD. (a) INADMISSIBILITY.—Section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended— (1) in clause (ii), by striking ‘‘has engaged in conduct that is defined as genocide for purposes of the International Conven- tion on the Prevention and Punishment of Genocide is inadmis- sible’’ and inserting ‘‘ordered, incited, assisted, or otherwise participated in conduct outside the United States that would, if committed in the United States or by a United States national, be genocide, as defined in section 1091(a) of title 18, United States Code, is inadmissible’’; (2) by adding at the end the following: ‘‘(iii) COMMISSION OF ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS.—Any alien who, outside the United States, has committed, ordered, incited, assisted, or otherwise participated in the commission of— ‘‘(I) any act of torture, as defined in section 2340 of title 18, United States Code; or ‘‘(II) under color of law of any foreign nation, any extrajudicial killing, as defined in section 3(a) of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350 note), is inadmissible.’’; and (3) in the subparagraph heading, by striking ‘‘PARTICIPANTS IN NAZI PERSECUTION OR GENOCIDE’’ and inserting ‘‘PARTICI- PANTS IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION OF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING’’. (b) DEPORTABILITY.—Section 237(a)(4)(D) of such Act (8 U.S.C. 1227(a)(4)(D)) is amended— (1) by striking ‘‘clause (i) or (ii)’’ and inserting ‘‘clause (i), (ii), or (iii)’’; and (2) in the subparagraph heading, by striking ‘‘ASSISTED IN NAZI PERSECUTION OR ENGAGED IN GENOCIDE’’ and inserting ‘‘PARTICIPATED IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION OF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to offenses committed before, on, or after the date of enactment of this Act. SEC. 5502. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN GOVERNMENT OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. (a) GROUND OF INADMISSIBILITY.—Section 212(a)(2)(G) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)) is amended to read as follows: 8 USC 1182 note. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00274 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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