PROTECTING AMERICA

Security grounds of inadmissibility under federal law

Section 212(a)(3) of the Immigration and Nationality Act

We draw attention to Section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. § 1182(a)(3)).

That provision makes a foreign national inadmissible if a consular officer or the Attorney General knows, or has reasonable ground to believe, the person seeks to enter the United States to engage solely, principally, or incidentally in:

  • Activity to violate U.S. law relating to espionage or sabotage, or to violate or evade export-control laws on goods, technology, or sensitive information;
  • Any other unlawful activity; or
  • Activity whose purpose is opposition to, or control or overthrow of, the Government of the United States by force, violence, or other unlawful means.

See 8 U.S.C. § 1182(a)(3)(A). Separate, additional grounds cover terrorist activity and related conduct.

Key principle:

This statute is religion-neutral. It applies to intent and conduct, not to faith, nationality, or sacred texts.

Official Statutory Text

The complete text of 8 U.S.C. § 1182 (INA § 212), including subsection (a)(3), is available from two authoritative sources:

Subsection (a)(3) is listed under the heading "Security and related grounds." Subsection (a)(3)(A) is the general provision covering espionage, sabotage, other unlawful activity, and violent opposition to the U.S. government.

Read the statute: 8 U.S.C. § 1182(a)(3)