PUBLIC LAW 109–13—MAY 11, 2005
119 STAT. 307
‘‘(III) has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity; ‘‘(IV) is a representative (as defined in clause (v)) of— ‘‘(aa) a terrorist organization (as defined in clause (vi)); or ‘‘(bb) a political, social, or other group that endorses or espouses terrorist activity; ‘‘(V) is a member of a terrorist organization described in subclause (I) or (II) of clause (vi); ‘‘(VI) is a member of a terrorist organization described in clause (vi)(III), unless the alien can demonstrate by clear and convincing evidence that the alien did not know, and should not reasonably have known, that the organization was a terrorist organization; ‘‘(VII) endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization; ‘‘(VIII) has received military-type training (as defined in section 2339D(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization (as defined in clause (vi)); or ‘‘(IX) is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years, is inadmissible.’’. (b) ENGAGE IN TERRORIST ACTIVITY DEFINED.—Section 212(a)(3)(B)(iv) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended to read as follows: ‘‘(iv) ENGAGE IN TERRORIST ACTIVITY DEFINED.— As used in this Act, the term ‘engage in terrorist activity’ means, in an individual capacity or as a member of an organization— ‘‘(I) to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity; ‘‘(II) to prepare or plan a terrorist activity; ‘‘(III) to gather information on potential targets for terrorist activity; ‘‘(IV) to solicit funds or other things of value for— ‘‘(aa) a terrorist activity; ‘‘(bb) a terrorist organization described in clause (vi)(I) or (vi)(II); or ‘‘(cc) a terrorist organization described in clause (vi)(III), unless the solicitor can demonstrate by clear and convincing evidence that he did not know, and should not reasonably have known, that the organization was a terrorist organization; ‘‘(V) to solicit any individual— ‘‘(aa) to engage in conduct otherwise described in this subsection;
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