The U.S. Department of State May Deny Visa or Entry to Those Involved in Persecution of Falun Gong
(Minghui.org) An official from the United States Department of State (DOS) recently told various religious groups that they are tightening visa vetting and may deny visas to human rights violators and those who persecute religious beliefs. This applies to both immigration visas and non-immigration visas such as tourism and business visas. Visa holders, including those already granted permanent residence (green card), may be denied entry. In addition, the same official said Falun Gong practitioners can submit a list of perpetrators involved in the persecution of Falun Gong.
Based on the U.S. laws on entry and immigration and Presidential Proclamation 8697 signed by President Obama on August 4, 2011, Falun Gong practitioners in the U.S. will compile and submit a list of individuals to the DOS, so that perpetrators of the persecution of Falun Gong can be denied visa or entry. The list will include not only those who have directly persecuted Falun Gong practitioners, but also those who have instituted and implemented the persecution policy and who have assisted in the persecution.
The U.S. is one of the major target countries, as many officials at various levels of the Chinese Communist Party plan to emigrate overseas with their family members. The CCP's 20-year-long persecution of Falun Gong has been widely condemned by the international community. The U.S. government's denial of visas or entry to the perpetrators of the persecution of Falun Gong would deter them from casually committing human rights violations.
Based on the U.S. laws and presidential proclamation as attached below, visa applications may be denied for any of the following reasons:
* Deliberated killing without a court judgment* Torture or cruel, inhuman, or degrading treatment or punishment;* Prolonged detention without charges;* Causing the disappearance of persons by the abduction or clandestine detention of those persons; or* Other flagrant denial of the right to life, liberty, or the security of persons.
Attachment 1: Immigration and Nationality Act INA 212 (aka. U.S. Code 8 U.S.C. 1182): Inadmissible alienshttps://www.uscis.gov/legal-resources/immigration-and-nationality-act
(a) Classes of aliens ineligible for visas or admissionExcept as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:...(2) Criminal and related grounds...(G) Foreign government officials who have committed particularly severe violations of religious freedomAny 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 6402 of title 22, is inadmissible.”
According to 22 U.S. Code 6402:“(13) Particularly severe violations of religious freedom The term “particularly severe violations of religious freedom” means systematic, ongoing, egregious violations of religious freedom, including violations such as:(A) torture or cruel, inhuman, or degrading treatment or punishment;(B) prolonged detention without charges;(C) causing the disappearance of persons by the abduction or clandestine detention of those persons; or(D) other flagrant denial of the right to life, liberty, or the security of persons.”
...(3) Security and related grounds...(E) Participants in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing...(ii) Participation in genocideAny alien who ordered, incited, assisted, or otherwise participated in genocide, as defined in section 1091(a) of title 18, is inadmissible.(iii) Commission of acts of torture or extrajudicial killingsAny 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; 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.
“Section 2340A of Title 18, United States Code, prohibits torture committed by public officials under color of law against persons within the public official's custody or control. Torture is defined to include acts specifically intended to inflict severe physical or mental pain or suffering”
Extrajudicial killing is defined in 28 U.S. Code 1350 Alien's action for tort:“For the purposes of this Act, the term "extrajudicial killing" means a deliberated killing not authorized by a previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized people.”
Attachment 2: H.R.648 - Consolidated Appropriations Act, 2019https://www.congress.gov/bill/116th-congress/house-bill/648/text
(c) Anti-Kleptocracy And Human Rights.(1) INELIGIBILITY.
(A) Officials of foreign governments and their immediate family members about whom the Secretary of State has credible information have been involved in significant corruption, including corruption related to the extraction of natural resources, or a gross violation of human rights shall be ineligible for entry into the United States.
(B) The Secretary shall also publicly or privately designate or identify officials of foreign governments and their immediate family members about whom the Secretary has such credible information without regard to whether the individual has applied for a visa.
Attachment 3: Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Participate in Serious Human Rights and Humanitarian Law Violations and Other Abuses Issued on August 4, 2011, by the President of the United Stateshttps://travel.state.gov/content/dam/visas/Human_Rights_Proclamation_8697.pdf
The United States enduring commitment to respect for human rights and humanitarian law requires that its Government be able to ensure that the United States does not become a safe haven for serious violators of human rights and humanitarian law and those who engage in other related abuses. Universal respect for human rights and humanitarian law and the prevention of atrocities internationally promotes U.S. values and fundamental U.S. interests in helping secure peace, deter aggression, promote the rule of law, combat crime and corruption, strengthen democracies, and prevent humanitarian crises around the globe. I therefore have determined that it is in the interests of the United States to take action to restrict the international travel and to suspend the entry into the United States, as immigrants or nonimmigrants, of certain persons who have engaged in the acts outlined in section 1 of this proclamation.
NOW, THEREFORE, I, BARACK OBAMA, by the authority vested in me as President by the Constitution and the laws of the United States of America, including section 212(f) of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of persons described in section 1 of this proclamation would be detrimental to the interests of the United States. I therefore hereby proclaim that:
“Section 1. The entry into the United States, as immigrants or nonimmigrants, of the following persons is hereby suspended:
(a) Any alien who planned, ordered, assisted, aided and abetted, committed or otherwise participated in, including through command responsibility, widespread or systematic violence against any civilian population based in whole or in part on race; color; descent; sex; disability; membership in an indigenous group; language; religion; political opinion; national origin; ethnicity; membership in a particular social group; birth; or sexual orientation or gender identity, or who attempted or conspired to do so.
(b) Any alien who planned, ordered, assisted, aided and abetted, committed or otherwise participated in, including through command responsibility, war crimes, crimes against humanity or other serious violations of human rights, or who attempted or conspired to do so.”