[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR215.3]



[Page 385]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 215_CONTROLS OF ALIENS DEPARTING FROM THE UNITED STATES--Table of 

Contents

 

Sec. 215.3  Alien whose departure is deemed prejudicial to the interests 

of the United States.



    The departure from the United States of any alien within one or more 

of the following categories shall be deemed prejudicial to the interests 

of the United States.

    (a) Any alien who is in possession of, and who is believed likely to 

disclose to unauthorized persons, information concerning the plans, 

preparation, equipment, or establishments for the national defense and 

security of the United States.

    (b) Any alien who seeks to depart from the United States to engage 

in, or who is likely to engage in, activities of any kind designed to 

obstruct, impede, retard, delay or counteract the effectiveness of the 

national defense of the United States or the measures adopted by the 

United States or the United Nations for the defense of any other 

country.

    (c) Any alien who seeks to depart from the United States to engage 

in, or who is likely to engage in, activities which would obstruct, 

impede, retard, delay, or counteract the effectiveness of any plans made 

or action taken by any country cooperating with the United States in 

measures adopted to promote the peace, defense, or safety of the United 

States or such other country.

    (d) Any alien who seeks to depart from the United States for the 

purpose of organizing, directing, or participating in any rebellion, 

insurrection, or violent uprising in or against the United States or a 

country allied with the United States, or of waging war against the 

United States or its allies, or of destroying, or depriving the United 

States of sources of supplies or materials vital to the national defense 

of the United States, or to the effectiveness of the measures adopted by 

the United States for its defense, or for the defense of any other 

country allied with the United States.

    (e) Any alien who is subject to registration for training and 

service in the Armed Forces of the United States and who fails to 

present a Registration Certificate (SSS Form No. 2) showing that he has 

complied with his obligation to register under the Universal Military 

Training and Service Act, as amended.

    (f) Any alien who is a fugitive from justice on account of an 

offense punishable in the United States.

    (g) Any alien who is needed in the United States as a witness in, or 

as a party to, any criminal case under investigation or pending in a 

court in the United States: Provided, That any alien who is a witness 

in, or a party to, any criminal case pending in any criminal court 

proceeding may be permitted to depart from the United States with the 

consent of the appropriate prosecuting authority, unless such alien is 

otherwise prohibited from departing under the provisions of this part.

    (h) Any alien who is needed in the United States in connection with 

any investigation or proceeding being, or soon to be, conducted by any 

official executive, legislative, or judicial agency in the United States 

or by any governmental committee, board, bureau, commission, or body in 

the United States, whether national, state, or local.

    (i) Any alien whose technical or scientific training and knowledge 

might be utilized by an enemy or a potential enemy of the United States 

to undermine and defeat the military and defensive operations of the 

United States or of any nation cooperating with the United States in the 

interests of collective security.

    (j) Any alien, where doubt exists whether such alien is departing or 

seeking to depart from the United States voluntarily except an alien who 

is departing or seeking to depart subject to an order issued in 

extradition, exclusion, or deportation proceedings.

    (k) Any alien whose case does not fall within any of the categories 

described in paragraphs (a) to (j), inclusive, of this section, but 

which involves circumstances of a similar character rendering the 

alien's departure prejudicial to the interests of the United States.



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