U.S. Code » Title 8 » Chapter CHAPTER 15— ENHANCED BORDER SECURITY AND VISA ENTRY REFORM › Subchapter SUBCHAPTER III— VISA ISSUANCE

8 U.S.C. § 1735

Restriction on issuance of visas to nonimmigrants from countries that are state sponsors of international terrorism

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(a) In general

No nonimmigrant visa under section 1101(a)(15) of this title shall be issued to any alien from a country that is a state sponsor of international terrorism unless the Secretary of State determines, in consultation with the Attorney General and the heads of other appropriate United States agencies, that such alien does not pose a threat to the safety or national security of the United States. In making a determination under this subsection, the Secretary of State shall apply standards developed by the Secretary of State, in consultation with the Attorney General and the heads of other appropriate United States agencies, that are applicable to the nationals of such states.

(b) State sponsor of international terrorism defined(1) In general

In this section, the term “state sponsor of international terrorism” means any country the government of which has been determined by the Secretary of State under any of the laws specified in paragraph (2) to have repeatedly provided support for acts of international terrorism.

(2) Laws under which determinations were madeThe laws specified in this paragraph are the following:(A)Section 4605(j)(1)(A) of title 50 (or successor statute).11 See References in Text note below.(B)Section 2780(d) of title 22.(C)Section 2371(a) of title 22.(Pub. L. 107–173, title III, § 306, May 14, 2002, 116 Stat. 555.)Editorial NotesReferences in Text

Section 4605(j)(1)(A) of title 50, referred to in subsec. (b)(2)(A), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. Provisions similar to those in former section 4605(j)(1)(A) of title 50 can be found in section 4813(c)(1)(A)(i) of title 50, as enacted by Pub. L. 115–232.

Statutory Notes and Related SubsidiariesAbolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

Notes of Decisions
Cited in 18 cases (18 in the last 5 years), 2022–2026 · leading case: United States v. Taylor, 596 U.S. 845 (2022).
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United States v. Taylor, 596 U.S. 845 (2022). “§ 1170 (a)(1) (dis- cussing “individuals who may pose a threat to transporta- tion security”); 8 U. S. C. § 1735 (a) (immigration officials must determine that an “alien does not pose a threat to the safety or national security of the United States”).”
Kahbasi v. Blinken, No. 2023-1667, 2024 WL 3202222 (D.D.C. June 27, 2024). · cites it 4× “” 8 U.S.C. § 1735 (a). Iran is designated as a state sponsor of terrorism.”
Yaghoubnezhad v. Stufft, 734 F. Supp. 3d 87 (D.D.C. 2024). · cites it 3× “And under 8 U.S.C. § 1735 (a), consular officers cannot issue a nonimmigrant visa to “any alien from a country that is a state sponsor of international terrorism unless the Secretary of State determines, in consultation with 2 In rare circumstances, a consular officer may…”
Pourabdollah v. Blinken, No. 2023-1603, 2024 WL 474523 (D.D.C. Feb. 7, 2024). · cites it 2× “543 , 555 (2002) (codified at 8 U.S.C. § 1735 ). As of January 19, 1984, the Secretary of State has designated Iran 2 a “state sponsor of international terrorism.”
Ahmadi v. Scharpf, No. 2023-0953, 2024 WL 551542 (D.D.C. Feb. 12, 2024). · cites it 2× “543 , 555 (2002) (codified at 8 U.S.C. § 1735 ). As of January 19, 1984, the Secretary of State has designated Iran a “state sponsor of international terrorism.”
Lee v. Blinken, No. 2023-1783, 2024 WL 639635 (D.D.C. Feb. 15, 2024). · cites it 2× “543 , 555 (2002) (codified at 8 U.S.C. § 1735 ). As of January 19, 1984, the Secretary of State has designated Iran a “state sponsor of international terrorism.”
Fateh v. Blinken, No. 2023-1277 (D.D.C. Feb. 29, 2024). · cites it 2× “2 One ground for refusing a visa is set forth in 8 U.S.C. § 1735 (a), which provides that no nonimmigrant visa may be issued to a noncitizen from a country that is designated a state sponsor of terrorism “unless the Secretary of State determines, in consultation with the…”
Rashidian v. Garland, No. 2023-1187, 2024 WL 1076810 (D.D.C. Mar. 8, 2024). · cites it 2× “” 8 U.S.C. § 1735 (a); see State Sponsors of Terrorism, U.”
Babaei v. United States Dep't of State, 725 F. Supp. 3d 20 (D.D.C. 2024). · cites it 2× “” 8 U.S.C. § 1735 (a). Iran is designated a state sponsor of international terrorism and thus is subject to section 1735.”
Rezaeirad v. Blinken, No. 2023-1182, 2024 WL 3792537 (D.D.C. Aug. 12, 2024). · cites it 2× “” 8 U.S.C. § 1735 (a). Since January 19, 1984, the Secretary of State has designated Iran a “state sponsor of international terrorism.”
Fakhimi v. United States Dep't of State, No. 2023-1127, 2023 WL 6976073 (D.D.C. Oct. 23, 2023). “555 (May 14, 2002) (codified at 8 U.S.C. § 1735 ) (“Section 1735”)); see also id.”
Noori v. Blinken, No. 2023-1463 (D.D.C. Mar. 5, 2024). “In fact, so substantial is its weight that “[t]his Circuit has refused to grant relief” based on the fourth factor “even [when] all the other factors considered 4 On top of all that, 8 U.S.C. § 1735 (a) requires the Secretary of State to make a finding that an alien “from a…”
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