The Terrorism Bar: An Analysis of Potential Modifications to the Tier III and Related Inadmissibility Provisions

Margaret L. McCarthy, University of Connecticut - Storrs

Article

Abstract

This research analyzes numerous proposals to modify the Tier III and related inadmissibility provisions in the Immigration and Nationality Act which have been recommended since the latest relevant legislative changes in 2007. Using the most common criticisms of the Tier III and related inadmissibility provisions to measure potential impact of the proposals, as well as Congressional and Federal opinion of the Tier III inadmissibility in general, this project will aim to decipher which of the proposals has the greatest potential to be enacted. In the end, this analysis recommends first the institution of expanded waiver/exemption authority for relieving individuals or groups of the Tier III and related inadmissibility provisions, followed by the institution of the statutory reform corresponding to the most successfully implemented waivers.