The White House has publicly released a statement from United States President, Donald Trump, on the designation of the Islamic Revolutionary Guard Corps (IRGC, or Sepah), including the Qods Force, as a Designated Foreign Terrorist Organization (DFTO). Sepah was designated as a foreign terrorist organization under Immigration and Nationality Act (“INA”) Section 219. Such a designation automatically triggers INA Section 212(a)(3)(B) inadmissibility grounds for the group. 212(a)(3)(B) inadmissibility is concerning because it may apply to anyone who has or is a member of Sepah, has materially supported the group, has solicited others joining the group, or has had a family member serve in the group. Although there is still much to learn about the specific types of individuals who will be affected, we believe that the following categories may be deemed inadmissible based on the designation: Current or former members of Sepah Individuals who have materially supported Sepah, perhaps even those who bribed officials to avoid having to join Sepah Individuals who participated in the Iranian military and whose service provided support to Sepah Individuals who performed academic service on behalf of Sepah Individuals who encouraged others to join Sepah Individuals whose family members have been members of Sepah within the past 5 years Individuals who have paid taxes in Iran which were then used to fund Sepah Anyone who is associated with someone who is inadmissible under 212(a)(3)(B) may be deemed an associate of a terrorist or supporter of terrorism. This will have the person’s case held for additional national security review, whether they are seeking an immigration benefit in the United States or abroad. Practically speaking, that may mean that all Iranians are currently inadmissible or will be subjected to an indefinite hold on their immigration applications, except for those who can show that they never supported anyone associated with Sepah, whether directly or indirectly.
The Trump administration made statements that the Islamic Revolutionary Guard Crops is the primary source of enacting global terrorism for Iran. The justification behind the designation revolves around diplomacy, U.S. national security, and sending a stern message to terrorist organizations.
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