INA §237(a)(4) Security, Terrorism, Foreign Policy, Atrocity, and Religious Freedom Grounds

INA §237(a)(4)(A)(i): Espionage, Sabotage, and Export-Control Activity

INA §237(a)(4)(A)(i) reaches activity undertaken to violate United States law relating to espionage or sabotage or to violate or evade covered export-control laws. This page focuses on the charge, proof, incorporated definitions, relief consequences, and preservation.

Reviewed by Peter Messersmith September 18, 2026

Direct Answer

INA §237(a)(4)(A)(i) reaches activity undertaken to violate United States law relating to espionage or sabotage or to violate or evade covered export-control laws. The statutory text is conduct based and is not limited to a specified list of convictions. DHS should identify the United States law allegedly targeted and the activity directed toward violating or evading it.

Core Rule

export-sensitive espionage activity clause core rule applies this rule: INA §237(a)(4)(A)(i) reaches activity undertaken to violate United States law relating to espionage or sabotage or to violate or evade covered export-control laws. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief.

export-sensitive espionage activity clause core rule applies this rule: The statutory text is conduct based and is not limited to a specified list of convictions. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings.

export-sensitive espionage activity clause core rule applies this rule: DHS should identify the United States law allegedly targeted and the activity directed toward violating or evading it. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling.

export-sensitive espionage activity clause core rule applies this rule: The time and place of the activity matter because the ground concerns qualifying conduct after admission. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence.

Statutory Text

export-sensitive espionage activity clause statutory text applies this rule: The statutory text is conduct based and is not limited to a specified list of convictions. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection.

export-sensitive espionage activity clause statutory text applies this rule: DHS should identify the United States law allegedly targeted and the activity directed toward violating or evading it. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence.

export-sensitive espionage activity clause statutory text applies this rule: The time and place of the activity matter because the ground concerns qualifying conduct after admission. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently.

export-sensitive espionage activity clause statutory text applies this rule: Suspicion or association should not substitute for proof of the statutory activity. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date.

Elements

export-sensitive espionage activity clause elements applies this rule: DHS should identify the United States law allegedly targeted and the activity directed toward violating or evading it. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources.

export-sensitive espionage activity clause elements applies this rule: The time and place of the activity matter because the ground concerns qualifying conduct after admission. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof.

export-sensitive espionage activity clause elements applies this rule: Suspicion or association should not substitute for proof of the statutory activity. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding.

export-sensitive espionage activity clause elements applies this rule: INA §237(a)(4)(A)(i) reaches activity undertaken to violate United States law relating to espionage or sabotage or to violate or evade covered export-control laws. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately.

Charging Theory

export-sensitive espionage activity clause charging theory applies this rule: The time and place of the activity matter because the ground concerns qualifying conduct after admission. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct.

export-sensitive espionage activity clause charging theory applies this rule: Suspicion or association should not substitute for proof of the statutory activity. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct.

export-sensitive espionage activity clause charging theory applies this rule: INA §237(a)(4)(A)(i) reaches activity undertaken to violate United States law relating to espionage or sabotage or to violate or evade covered export-control laws. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections.

export-sensitive espionage activity clause charging theory applies this rule: The statutory text is conduct based and is not limited to a specified list of convictions. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof.

Burden

export-sensitive espionage activity clause burden applies this rule: Suspicion or association should not substitute for proof of the statutory activity. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution.

export-sensitive espionage activity clause burden applies this rule: INA §237(a)(4)(A)(i) reaches activity undertaken to violate United States law relating to espionage or sabotage or to violate or evade covered export-control laws. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling.

export-sensitive espionage activity clause burden applies this rule: The statutory text is conduct based and is not limited to a specified list of convictions. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels.

export-sensitive espionage activity clause burden applies this rule: DHS should identify the United States law allegedly targeted and the activity directed toward violating or evading it. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause.

Evidence

export-sensitive espionage activity clause evidence applies this rule: INA §237(a)(4)(A)(i) reaches activity undertaken to violate United States law relating to espionage or sabotage or to violate or evade covered export-control laws. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief.

export-sensitive espionage activity clause evidence applies this rule: The statutory text is conduct based and is not limited to a specified list of convictions. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings.

export-sensitive espionage activity clause evidence applies this rule: DHS should identify the United States law allegedly targeted and the activity directed toward violating or evading it. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling.

export-sensitive espionage activity clause evidence applies this rule: The time and place of the activity matter because the ground concerns qualifying conduct after admission. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence.

Respondent Position

export-sensitive espionage activity clause respondent position applies this rule: The statutory text is conduct based and is not limited to a specified list of convictions. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection.

export-sensitive espionage activity clause respondent position applies this rule: DHS should identify the United States law allegedly targeted and the activity directed toward violating or evading it. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence.

export-sensitive espionage activity clause respondent position applies this rule: The time and place of the activity matter because the ground concerns qualifying conduct after admission. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently.

export-sensitive espionage activity clause respondent position applies this rule: Suspicion or association should not substitute for proof of the statutory activity. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date.

DHS Position

export-sensitive espionage activity clause dhs position applies this rule: DHS should identify the United States law allegedly targeted and the activity directed toward violating or evading it. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources.

export-sensitive espionage activity clause dhs position applies this rule: The time and place of the activity matter because the ground concerns qualifying conduct after admission. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof.

export-sensitive espionage activity clause dhs position applies this rule: Suspicion or association should not substitute for proof of the statutory activity. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding.

export-sensitive espionage activity clause dhs position applies this rule: INA §237(a)(4)(A)(i) reaches activity undertaken to violate United States law relating to espionage or sabotage or to violate or evade covered export-control laws. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately.

Judge Findings

export-sensitive espionage activity clause judge findings applies this rule: The time and place of the activity matter because the ground concerns qualifying conduct after admission. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct.

export-sensitive espionage activity clause judge findings applies this rule: Suspicion or association should not substitute for proof of the statutory activity. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct.

export-sensitive espionage activity clause judge findings applies this rule: INA §237(a)(4)(A)(i) reaches activity undertaken to violate United States law relating to espionage or sabotage or to violate or evade covered export-control laws. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections.

export-sensitive espionage activity clause judge findings applies this rule: The statutory text is conduct based and is not limited to a specified list of convictions. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof.

Conduct or Conviction

export-sensitive espionage activity clause conduct or conviction applies this rule: Suspicion or association should not substitute for proof of the statutory activity. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution.

export-sensitive espionage activity clause conduct or conviction applies this rule: INA §237(a)(4)(A)(i) reaches activity undertaken to violate United States law relating to espionage or sabotage or to violate or evade covered export-control laws. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling.

export-sensitive espionage activity clause conduct or conviction applies this rule: The statutory text is conduct based and is not limited to a specified list of convictions. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels.

export-sensitive espionage activity clause conduct or conviction applies this rule: DHS should identify the United States law allegedly targeted and the activity directed toward violating or evading it. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause.

Actor Status

export-sensitive espionage activity clause actor status applies this rule: INA §237(a)(4)(A)(i) reaches activity undertaken to violate United States law relating to espionage or sabotage or to violate or evade covered export-control laws. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief.

export-sensitive espionage activity clause actor status applies this rule: The statutory text is conduct based and is not limited to a specified list of convictions. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings.

export-sensitive espionage activity clause actor status applies this rule: DHS should identify the United States law allegedly targeted and the activity directed toward violating or evading it. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling.

export-sensitive espionage activity clause actor status applies this rule: The time and place of the activity matter because the ground concerns qualifying conduct after admission. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence.

Asylum Effect

export-sensitive espionage activity clause asylum effect applies this rule: The statutory text is conduct based and is not limited to a specified list of convictions. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection.

export-sensitive espionage activity clause asylum effect applies this rule: DHS should identify the United States law allegedly targeted and the activity directed toward violating or evading it. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence.

export-sensitive espionage activity clause asylum effect applies this rule: The time and place of the activity matter because the ground concerns qualifying conduct after admission. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently.

export-sensitive espionage activity clause asylum effect applies this rule: Suspicion or association should not substitute for proof of the statutory activity. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date.

Withholding and CAT

export-sensitive espionage activity clause withholding and cat applies this rule: DHS should identify the United States law allegedly targeted and the activity directed toward violating or evading it. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources.

export-sensitive espionage activity clause withholding and cat applies this rule: The time and place of the activity matter because the ground concerns qualifying conduct after admission. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof.

export-sensitive espionage activity clause withholding and cat applies this rule: Suspicion or association should not substitute for proof of the statutory activity. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding.

export-sensitive espionage activity clause withholding and cat applies this rule: INA §237(a)(4)(A)(i) reaches activity undertaken to violate United States law relating to espionage or sabotage or to violate or evade covered export-control laws. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately.

Appeal Preservation

export-sensitive espionage activity clause appeal preservation applies this rule: The time and place of the activity matter because the ground concerns qualifying conduct after admission. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct.

export-sensitive espionage activity clause appeal preservation applies this rule: Suspicion or association should not substitute for proof of the statutory activity. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct.

export-sensitive espionage activity clause appeal preservation applies this rule: INA §237(a)(4)(A)(i) reaches activity undertaken to violate United States law relating to espionage or sabotage or to violate or evade covered export-control laws. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections.

export-sensitive espionage activity clause appeal preservation applies this rule: The statutory text is conduct based and is not limited to a specified list of convictions. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof.

Checklist

export-sensitive espionage activity clause checklist applies this rule: Suspicion or association should not substitute for proof of the statutory activity. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution.

export-sensitive espionage activity clause checklist applies this rule: INA §237(a)(4)(A)(i) reaches activity undertaken to violate United States law relating to espionage or sabotage or to violate or evade covered export-control laws. export-sensitive espionage activity clause should state the alleged conduct. export-sensitive espionage activity clause should separate suspicion from proof. export-sensitive espionage activity clause should test each element independently. export-sensitive espionage activity clause should cite the source evidence. export-sensitive espionage activity clause should challenge unreliable attribution. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling.

export-sensitive espionage activity clause checklist applies this rule: The statutory text is conduct based and is not limited to a specified list of convictions. export-sensitive espionage activity clause should separate group status from conduct. export-sensitive espionage activity clause should identify any knowledge finding. export-sensitive espionage activity clause should record the activity date. export-sensitive espionage activity clause should separate removability from relief. export-sensitive espionage activity clause should request a burden ruling. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels.

export-sensitive espionage activity clause checklist applies this rule: DHS should identify the United States law allegedly targeted and the activity directed toward violating or evading it. export-sensitive espionage activity clause should preserve evidence objections. export-sensitive espionage activity clause should identify exemption authority separately. export-sensitive espionage activity clause should state remaining protection. export-sensitive espionage activity clause should obtain reviewable findings. export-sensitive espionage activity clause should avoid conclusory labels. export-sensitive espionage activity clause should compare charge and proof. export-sensitive espionage activity clause should document information sources. export-sensitive espionage activity clause should address contrary evidence. export-sensitive espionage activity clause should request a clause-specific ruling. export-sensitive espionage activity clause should identify the incorporated clause.

Primary Legal Authorities and Sources

Matter of Luis, 22 I&N Dec. 747 (BIA 1999) BIA precedent that the espionage ground does not require a conviction or completed espionage act.
EOIR BIA Precedent Chart D-I Official EOIR precedent index for foreign-policy and espionage cases.
8 U.S.C. §1227(a)(4) — Security and Related Grounds Current INA §237(a)(4) security and related deportability grounds.
8 U.S.C. §1182(a)(3) — Security and Related Grounds Current terrorism, foreign-policy, and atrocity definitions incorporated into INA §237(a)(4).
8 C.F.R. §1240.8 — Burdens in Removal Proceedings Current removal and relief burden regulation.
8 C.F.R. §1208.13 — Asylum Eligibility Current asylum regulation and security bars.

Frequently Asked Questions

What is the rule for INA 237(a)(4)(A)(i) espionage sabotage export control deportability?

export-sensitive espionage activity clause: INA §237(a)(4)(A)(i) reaches activity undertaken to violate United States law relating to espionage or sabotage or to violate or evade covered export-control laws.

Does INA 237(a)(4)(A)(i) espionage sabotage export control deportability require a conviction?

export-sensitive espionage activity clause requires reading the exact clause. Several security grounds are conduct based.

What burden applies to INA 237(a)(4)(A)(i) espionage sabotage export control deportability?

export-sensitive espionage activity clause remains within DHS's clear-and-convincing removability burden.

Can INA 237(a)(4)(A)(i) espionage sabotage export control deportability affect asylum?

export-sensitive espionage activity clause can overlap with separate asylum and withholding bars.

What evidence matters for INA 237(a)(4)(A)(i) espionage sabotage export control deportability?

export-sensitive espionage activity clause requires evidence tied to the specific statutory element and source.

How is INA 237(a)(4)(A)(i) espionage sabotage export control deportability preserved for appeal?

export-sensitive espionage activity clause should produce findings on clause, burden, evidence, conduct, and relief effect.

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