Protecting America From Spies Act
The Protecting America From Spies Act would expand the grounds on which a foreign national can be deemed inadmissible when applying for a visa or entry to the United States. Specifically, it adds new reasons to deny visas at the point of admission, including: (1) engaging in espionage or sabotage (or activities that would violate espionage/sabotage laws if conducted in the U.S.); (2) violating or evading U.S. export-control laws governing goods, technology, or sensitive information; (3) seeking to enter the U.S. to engage in any other unlawful activity; (4) seeking to enter to oppose the U.S. Government by force or other unlawful means; and (5) a spouse or child of an alien who is inadmissible under these grounds if the triggering activity occurred within the last five years. The bill also revises the waiver provisions tied to these grounds, altering which subparagraphs of the waiver statute apply. Overall, the bill tightens visa eligibility screening for individuals connected to espionage, technology transfer, or other security-related concerns.
Key Points
- 1Expands inadmissibility grounds at INA 212(a)(3)(A) to include espionage/sabotage-related activities, including conduct that would violate espionage/sabotage laws if done in the United States.
- 2Adds export-control violations (illegal export of goods, technology, or sensitive information) as a basis to deny a visa or admission.
- 3Broadens grounds to deny entry for those who seek to enter the U.S. to engage in any other unlawful activity.
- 4Adds a ground denying entry for individuals who seek to enter to oppose the U.S. Government by force or other unlawful means.
- 5Creates a family-connection inadmissibility provision: spouses or children of someone inadmissible under these new grounds may themselves be inadmissible if the triggering activity occurred in the prior five years.
- 6Revises waiver authority (the ability to grant waivers to certain inadmissibility grounds) by reconfiguring which subparagraphs are covered, aligning the waiver process with the updated inadmissibility provisions.
- 7The bill targets consular officers, the Secretary of Homeland Security, and the Attorney General as the decision-makers for these inadmissibility determinations.