Canadian woman refused U.S. entry because of depression

[HereSince1628]

4. Here is the Law INA: ACT 212 (8 U.S.C. 11820) (a)

Last edited Sat Nov 30, 2013, 12:35 PM - Edit history (1)

The wording of (A) (iii) (I) seems to be at the heart of the issue. Because she attempted suicide she HAD posed a risk to herself. Because of the way the sentence is broken into parts (A) (iii) (I) doesn't include the qualifier present in (A) (iii) (II) at the end of the sentence "which behavior is likely to recur or to lead to other harmful behavior".

I'm not a lawyer, but it seems that the border guard looked at this as a list of conditions without considering that the statement was also contained in a sentence whose last words refer to both conditions. I suppose one could argue whether the 'or' was inclusive or not. Not being a lawyer or working with the law, I'm not expert on legalese, but it seems that the law could be amended to put the qualifier about 'likely to recur...' into the first part of the sentence to remove the ambiguity.

Of course, that is independent of the privacy issues about health records that were revealled to US border officers by some Canadian agency.

I wonder where the suggestion box is to get ACT 212 (8 U.S.C. 11820)(a)(A)(iii)(I) modified to include the qualifier about likely continuing risk?

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INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY

Sec. 212. [8 U.S.C. 1182]

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(1) Health-related grounds.-

(A) In general.-Any alien-

(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance; 1b

(ii) 1 except as provided in subparagraph (C) 1a who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,

(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)-

(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or

(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or

(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.