The REAL ID Act expands the terrorism ground of inadmissibility. INA 212(a)(3)(B), as amended by the Real ID Act of 2005, Pub. L. No. 109-13, 119 Stat. 231 (May 11, 2005). There are very serious constitutional problems with the expanded terrorism ground of inadmissibility, since the law removes any link between what the applicant for admission did and any actual terrorist activity. It also expands the ground of inadmissibility to cover anyone who endorses or espouses terrorist activity, or who persuades others to do so, or supports terrorist organization, even if the activity does not actually contribute to any actual terrorist activity. These amendments apply retroactively, encompassing even acts occurring before an organization was designated as a terrorist organization.

jurisdiction: 
Fifth Circuit

 

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