118 STAT. 3741 PUBLIC LAW 108–458—DEC. 17, 2004 ‘‘(G) FOREIGN GOVERNMENT OFFICIALS WHO HAVE COM- MITTED PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.—Any alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time, particularly severe violations of religious freedom, as defined in section 3 of the International Reli- gious Freedom Act of 1998 (22 U.S.C. 6402), is inadmis- sible.’’. (b) GROUND OF DEPORTABILITY.—Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the end the following: ‘‘(E) PARTICIPATED IN THE COMMISSION OF SEVERE VIO- LATIONS OF RELIGIOUS FREEDOM.—Any alien described in section 212(a)(2)(G) is deportable.’’. SEC. 5503. WAIVER OF INADMISSIBILITY. Section 212(d)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)) is amended— (1) in subparagraph (A), by striking ‘‘and 3(E)’’ and inserting ‘‘and clauses (i) and (ii) of paragraph (3)(E)’’; and (2) in subparagraph (B), by striking ‘‘and 3(E)’’ and inserting ‘‘and clauses (i) and (ii) of paragraph (3)(E)’’. SEC. 5504. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE COMMITTED ACTS OF TORTURE, EXTRAJUDICIAL KILLINGS, OR SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended— (1) by striking the period at the end of paragraph (8) and inserting ‘‘; or’’; and (2) by adding at the end the following: ‘‘(9) one who at any time has engaged in conduct described in section 212(a)(3)(E) (relating to assistance in Nazi persecu- tion, participation in genocide, or commission of acts of torture or extrajudicial killings) or 212(a)(2)(G) (relating to severe viola- tions of religious freedom).’’. SEC. 5505. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGA- TIONS. (a) AMENDMENT OF THE IMMIGRATION AND NATIONALITY ACT.— Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by adding at the end the following: ‘‘(h)(1) The Attorney General shall establish within the Criminal Division of the Department of Justice an Office of Special Investiga- tions with the authority to detect and investigate, and, where appropriate, to take legal action to denaturalize any alien described in section 212(a)(3)(E). ‘‘(2) The Attorney General shall consult with the Secretary of Homeland Security in making determinations concerning the criminal prosecution or extradition of aliens described in section 212(a)(3)(E). ‘‘(3) In determining the appropriate legal action to take against an alien described in section 212(a)(3)(E), consideration shall be given to— ‘‘(A) the availability of criminal prosecution under the laws of the United States for any conduct that may form the basis for removal and denaturalization; or VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00275 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
�
