In the Matter of Amicus Invitation No. 17-01-09
IRLI, on behalf of its client the Federation for American Immigration Reform, submitted a friend-of-the-court brief to the Board of Immigration Appeals (BIA) to determine whether the term “material” has an independent meaning in the phrase "material support" and whether a de minimis exception to the material support bar exists for money contributions.
Under immigration law, a person who provides “material support” to a terrorism-related activity is “inadmissible” (not allowed to enter) the United States and is ineligible for most immigration benefits. In its brief, IRLI argued that the term “material” does not possess an independent meaning from the term “material support” because statutory construction, comparison with the criminal and civil sanction of other anti-terrorism legislation, and syntax all confirm that “material support” is a unitary term of art in immigration and anti-terrorism law. Additionally, IRLI argued that Congress has stripped the BIA of jurisdiction to provide relief from the material support bar for de minimus acts.