U.S. Code » Title 8 » Chapter CHAPTER 12— IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER II— IMMIGRATION › Part Part II— Admission Qualifications for Aliens; Travel Control of Citizens and Aliens

8 U.S.C. § 1182f

Denial of entry into United States of Chinese and other nationals engaged in coerced organ or bodily tissue transplantation

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(a) Denial of entry

Notwithstanding any other provision of law and except as provided in subsection (b), the Secretary shall direct consular officers not to issue a visa to any person whom the Secretary finds, based on credible and specific information, to have been directly involved with the coercive transplantation of human organs or bodily tissue, unless the Secretary has substantial grounds for believing that the foreign national has discontinued his or her involvement with, and support for, such practices.

(b) Exception

The prohibitions in subsection (a) do not apply to an applicant who is a head of state, head of government, or cabinet-level minister.

(c) WaiverThe Secretary may waive the prohibitions in subsection (a) with respect to a foreign national if the Secretary—(1) determines that it is important to the national interest of the United States to do so; and(2) not later than 30 days after the issuance of a visa, provides written notification to the appropriate congressional committees containing a justification for the waiver.(Pub. L. 107–228, div. A, title II, § 232, Sept. 30, 2002, 116 Stat. 1372.)Editorial NotesCodification

Section was enacted as part of the Department of State Authorization Act, Fiscal Year 2003, and also as part of the Foreign Relations Authorization Act, Fiscal Year 2003, and not as part of the Immigration and Nationality Act which comprises this chapter.

Statutory Notes and Related SubsidiariesDefinitions

For definitions of “Secretary” and “appropriate congressional committees” as used in this section, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of Title 22, Foreign Relations and Intercourse.

Notes of Decisions
Cited in 3 cases, 2014–2018 · leading case: Intl. Refugee Assistance v. Donald J. Trump
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Intl. Refugee Assistance v. Donald J. Trump (2018) ca4 · cites it 4× “, 8 U.S.C. § 1182f; 11 U.S.C. § 1123 . Congress has not done so here.”
Intl. Refugee Assistance v. Donald J. Trump (2018) ca4 · cites it 2× “, 8 U.S.C. § 1182f; 11 U.S.C. § 1123 . Congress has not done so here.”
Qi Qing Zhang v. Holder (2014) ca2 “107-803, at 38 (2003) (noting that the House Committee on International Relations held a hearing on June 27, 2001, titled: “Organs for Sale: China’s Growing Trade and Ultimate Violations of Prisoners’ Rights”); see also 8 U.S.C. § 1182f(a) (denying entry into the United States…”
— 8 U.S.C. § 1182f(a) — 1 case
Qi Qing Zhang v. Holder (2014) ca2 “107-803, at 38 (2003) (noting that the House Committee on International Relations held a hearing on June 27, 2001, titled: “Organs for Sale: China’s Growing Trade and Ultimate Violations of Prisoners’ Rights”); see also 8 U.S.C. § 1182f(a) (denying entry into the United States…”
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