A noncitizen who is removed and reenters, or attempts to reenter, the United States is inadmissible. INA 212(a)(9)(C)(i)(II). Paul Virtue authored a memorandum, dated June 17, 1997, that states: "Section 212(a)(9)(C)(i)(II) of the Act applies to those aliens ordered removed before or after April 1, 1997, and who enter or attempt to reenter the United States unlawfully any time on or after April 1, 1997." A State Department cable, dated April 4, 1998, paragraph 38, states: "Thus, an alien deported prior to 4/1/97 who attempted to enter without inspection on or after 4/1/97 would/would (sic) be ineligible under this provision, whereas an alien in the same circumstances who had attempted reentry without inspection prior/prior (sic) to 4/1/97 would not/not (sic) be subject to this provision." Cable reprinted in 75 Interpreter Releases 543 (April 20, 1998). See also Examples Following the Cable, Example E under 212(a)(9)(C) heading on page 554 (page 12 of 13 in web printout) for application of this policy. (See also 9 FAM 40.93 N1, regarding "Ineligibility under INA 212(a)(9)(C)" which states "the provision would only apply if the illegal reentry and/or attempted re-entry occurred on or after April 1, 1997, the date this visa ineligibility went into effect.")
Thanks to Mary OLeary.