emergency

(ii)For purposes of clause (i), the term “emergency” means— (I)the overthrow of a democratically elected government; (II)war (including undeclared war, civil war, or other military activity) on the territory of the program country; (III)a severe breakdown in law and order affecting a significant portion of the program country’s territory; (IV)a severe economic collapse in the program country; or (V)any other extraordinary event in the program country that threatens the law enforcement or security interests of the United States (including the interest in enforcement of the immigration laws of the United States) and where the country’s participation in the program could contribute to that threat. (iii)The Secretary of Homeland Security may redesignate the country as a program country, without regard to subsection (f) or paragraph (2) or (3), when the Secretary of Homeland Security, in consultation with the Secretary of State, determines that— (I)at least 6 months have elapsed since the effective date of the termination; (II)the emergency that caused the termination has ended; and (III)the average number of refusals of nonimmigrant visitor visas for nationals of that country during the period of termination under this subparagraph was less than 3.0 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during such period. (iv)The Director of National Intelligence shall immediately inform the Secretary of Homeland Security of any current and credible threat which poses an imminent danger to the United States or its citizens and originates from a country participating in the visa waiver program. Upon receiving such notification, the Secretary, in consultation with the Secretary of State— (I)may suspend a country from the visa waiver program without prior notice; (II)shall notify any country suspended under subclause (I) and, to the extent practicable without disclosing sensitive intelligence sources and methods, provide justification for the suspension; and (III)shall restore the suspended country’s participation in the visa waiver program upon a determination that the threat no longer poses an imminent danger to the United States or its citizens. (C)For purposes of this paragraph— (i)nationals of a country whose designation is terminated under subparagraph (A) or (B) shall remain eligible for a waiver under subsection (a) until the effective date of such termination; and (ii)a waiver under this section that is provided to such a national for a period described in subsection (a)(1) shall not, by such termination, be deemed to have been rescinded or otherwise rendered invalid, if the waiver is granted prior to such termination.

Source

8 USC § 1187(c)(5)(B)(ii)


Scoping language

None: Default is title Scope
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