RE: Where are those “pre-vetting” requirements in the law? (nm)

Posted on: September 9, 2025 at 18:41:29 CT

There is no single law that outlines all vetting procedures at the U.S. border. Instead, a complex framework of laws, including the Immigration and Nationality Act (INA), presidential actions, and policies from agencies like the Department of Homeland Security (DHS), establishes the vetting process. The process varies depending on whether an individual is a U.S. citizen, a non-citizen with a visa, or seeking asylum.

Key legal authorities
Immigration and Nationality Act (INA): This is the foundational law governing U.S. immigration. Section 8 U.S. Code § 1182 lists categories of "inadmissible aliens," which include grounds for denying entry based on health, criminal history, and national security.

Presidential authority: The President can issue proclamations and executive orders to suspend or restrict the entry of foreign nationals deemed "detrimental to the interests of the United States," as authorized by Section 212(f) of the INA.
National Vetting Center (NVC): Established by a presidential memorandum (NSPM-9), the NVC coordinates screening efforts among various government agencies, including DHS, to identify potential threats. It is an interagency effort rather than a single law.
Customs and Border Protection (CBP) Directives: CBP, a component of DHS, creates its own specific directives for carrying out inspections at the border. This includes the authority for border searches of electronic devices, which are permitted for all persons entering or departing the U.S..
Factors considered in vetting
The laws and policies direct agencies to screen individuals for a wide range of factors. Vetting procedures for foreign nationals are extensive and include:
Criminal history: Background checks are conducted to identify previous criminal convictions or activities.
National security threats: Vetting aims to identify individuals who may pose a threat to national security or public safety. This includes checking for affiliations with terrorist organizations.
Prior immigration violations: Lawful entry is denied to those who have previously been removed or deported, with restrictions on re-entry that can last for years.
Health and public safety: Individuals may be denied entry if they have a communicable disease of public health significance or a history of drug abuse.
Financial stability: A review of assets, resources, and financial status can be part of the vetting process for those seeking to immigrate.
Online presence: For visa applicants, especially students and exchange visitors, vetting can include a review of social media to identify security risks.
Vetting based on legal status
The intensity of vetting can vary based on an individual's status.
U.S. citizens: While subject to inspection, U.S. citizens cannot be denied entry. However, their electronic devices may be searched, though their refusal to cooperate will not bar their entry.
Non-citizens: All non-citizens are subject to inspection and can be denied admission based on the grounds of inadmissibility outlined in the INA.
Asylum seekers: The rules are constantly evolving, but applicants are subject to screening for "credible fear" or "reasonable fear" of persecution, depending on their point of entry and the administration's policy at the time.

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8 U.S. Code § 1182, known as the Immigrants and Nationality Act (INA) Section 212, defines grounds for alien inadmissibility to the United States. This includes reasons such as security threats, health concerns like vaccine-preventable diseases, criminal conduct including prostitution and trafficking, and past involvement in Nazi persecution or genocide, among many others. The statute also grants the President broad authority under § 1182(f) to suspend the entry of any aliens or classes of aliens if deemed detrimental to the nation's interests.
Key Aspects of 8 U.S. Code § 1182
Inadmissibility Grounds
: The core of the statute outlines various reasons an alien may be deemed inadmissible, including:
Health-Related Grounds: Failure to provide proof of vaccinations for certain diseases, or the presence of a physical or mental disorder that could pose a threat to others.
Criminal and Related Grounds: Engaging in or attempting to procure prostitution or commercialized vice, and certain past or present criminal activities.
Security and Related Grounds: Seeking to enter to engage in espionage, sabotage, or other unlawful activities against the U.S. government.
Past Persecution: Involvement in Nazi persecution or genocide.
Misrepresentation: False representations of U.S. citizenship.
Presidential Authority
: Under § 1182(f), the President can suspend the entry of any aliens or classes of aliens if their entry is deemed "detrimental to the interests of the United States".
Waivers
: While the statute lists grounds for inadmissibility, certain provisions may allow for waivers, allowing individuals who would otherwise be inadmissible to still enter the U.S. under specific circumstances.
Adoption Provisions
: The statute includes provisions related to vaccinations for adopted children, requiring adoptive parents to provide a vaccination affidavit

Edited by 90Tiger at 18:42:06 on 09/09/25