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Terrorism-Related Inadmissibility Grounds (TRIG) - Situational Exemptions
Exemptions may be granted for applicants who provided material support under duress to designated or undesignated terrorist organizations, which at minimum requires that the material support was provided in response to a reasonably-perceived threat of serious harm. An example of material support under duress could include providing money or a service (such as transporting fighters and supplies) to a rebel group when threatened at gunpoint to comply with such a demand.
For more information on the Exemption for Providing Material Support to an Undesignated Terrorist Organization, please see:
- February 26, 2007 Exercise of Authority (PDF, 113 KB)
- May 24, 2007 USCIS Implementation Memorandum (PDF, 514 KB), “Processing the Discretionary Exemption to the Inadmissibility Ground for Providing Material Support to Certain Terrorist Organizations”
For more information on the Exemption for Providing Material Support to a Designated Terrorist Organization, please see:
- April 27, 2007 Exercise of Authority (PDF, 1.60 MB)
- May 24, 2007 USCIS Implementation Memorandum, “Processing the Discretionary Exemption to the Inadmissibility Ground for Providing Material Support to Certain Terrorist Organizations”
Effective January 7, 2011, the secretary of homeland security, in consultation with the secretary of state and the attorney general, exercised her discretionary authority not to apply an inadmissibility ground to certain applicants who, under duress, solicited funds or members for a terrorist organization.
For more information on this exemption, please see:
- January 7, 2011 Exercise of Authority (PDF, 1.80 MB)
- February 23, 2011 USCIS Implementation Memo, “Implementation of New Discretionary Exemption Under INA Section 212(d)(3)(B)(i) For Solicitation of Funds or Members Under Duress”
Military-Type Training Under Duress
Effective January 7, 2011, the secretary of homeland security, in consultation with the secretary of state and the attorney general, exercised her discretionary authority not to apply an inadmissibility ground to certain applicants who, under duress, received military-type training from, or on behalf of, a terrorist organization.
For more information on this exemption, please see:
- January 7, 2011 Exercise of Authority
- February 23, 2011 USCIS Implementation Memo, “Implementation of New Discretionary Exemption Under INA Section 212(d)(3)(B)(i) For Receipt of Military-Type Training Under Duress”
Voluntary Provision of Medical Care
Effective October 13, 2011, the secretary of homeland security, in consultation with the secretary of state and the attorney general, authorized an exemption for certain applicants who provided medical care to individuals that the applicant knew, or reasonably should have known, committed or planned to commit a terrorist activity, or to members of a terrorist organization as described in INA Section 212(a)(3)(B)(vi). An example of the provision of medical care could include providing services in the capacity of a medical professional to members of a terrorist organization.
For more information on this exemption, please see:
- October 13, 2011 Exercise of Authority
- November 20, 2011, USCIS Implementation Memo, “Implementation of New Discretionary Exemption Under INA Section 212(d)(3)(B)(i) For the Provision of Material Support in the Form of Medical Care”
Certain Applicants with Existing Immigration Benefits (Limited General Exemption)
On August 10, 2012, the secretary of homeland security, in consultation with the secretary of state and the attorney general, authorized an exemption for certain applicants with existing immigration benefits who are currently inadmissible under INA section 212(a)(3)(B)(i). Applicants eligible for this exemption must have only select voluntary, nonviolent, associations or activities with certain undesignated terrorist organizations. This exemption may be applied only to applicants who currently possess lawful status in the United States (i.e., asylee or refugee status, temporary protected status, or adjustment of status under the Nicaraguan Adjustment and Central American Relief Act or Haitian Refugee Immigration Fairness Act, or similar immigration benefit other than a nonimmigrant visa), and to beneficiaries of a Form I-730 Refugee/Asylee Relative Petition, filed at any time by such an asylee or refugee.
For more information on this exemption, please see:
- August 10, 2012 Exercise of Authority
- September 26, 2012, USCIS Implementation Memo, “Implementation of New “Limited General” Discretionary Exemption Under Immigration and Nationality Act (INA) Section 212(d)(3)(B)(i) for Qualified Applicants with Specified Associations and Activities with Qualified Undesignated, or ‘Tier III,’ Terrorist Organizations”
On August 17, 2012, the secretary of homeland security, in consultation with the secretary of state and the attorney general, exercised her discretionary authority not to apply most terrorism-related inadmissibility grounds to certain applicants who participated in the Iraqi uprisings against the government of Saddam Hussein in Iraq from March 1 through April 5, 1991.
For more information on this exemption, please see:
- August 17, 2012 Exercise of Authority (PDF, 191 KB)
- November 12, 2012, USCIS Implementation Memo (PDF, 278 KB), “Implementation of New Exemption Under Immigration and Nationality Act (INA) Section 212(d)(3)(B)(i) for Participation in the Iraqi Uprisings
Certain Limited Material Support
On February 5, 2014, the secretary of homeland security and the secretary of state (the “Secretaries”), following with the attorney general, exercised their discretionary authority not to apply the material support inadmissibility ground to certain applicants who provided certain limited material support to an undesignated terrorist organization, or to a member of such an organization. Limited material support may include:
- Certain routine commercial transactions;
- Certain routine social transactions;
- Certain humanitarian assistance; and
- Material Support provided under substantial pressure that does not rise to the level of duress (“sub-duress pressure”).
For more information on this exemption, please see:
- February 5, 2014, Exercise of Authority
- May 8, 2015, Implementation of the Discretionary Exemption Authority under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act for the Provision of Certain Limited Material Support
Insignificant Material Support
On February 5, 2014, the secretary of homeland security and the secretary of state (the “secretaries”), following consultation with the attorney general, exercised their discretionary authority not to apply the material support inadmissibility ground to applicants who provided insignificant material support to an undesignated terrorist organization, or to a member of such an organization.
For more information on this exemption, please see:
- February 5, 2015, Exercise of Authority
- May 8, 2015, Implementation of the Discretionary Exemption Authority under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act for the Provision of Insignificant Material Support
