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Reed Amendment (immigration) : ウィキペディア英語版
Reed Amendment (immigration)
The Reed Amendment is the common name for a provision of United States federal law () which attempts to impose an entry ban on certain former U.S. citizens. It was named for its author Jack Reed, and passed into law as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
Though the amendment received strong bipartisan support during the committee stage, Democratic lawmakers including Daniel Patrick Moynihan and Chuck Schumer later criticised the amendment as unenforceable due to its unclear wording. Efforts at establishing procedures to enforce the amendment ran into early difficulties, and the executive branch never promulgated the implementing regulations. In 2013 and 2014, Reed made several unsuccessful efforts to insert provisions into various bills in order to update the amendment with clearer definitions of the classes of former citizens to be banned from re-entry, as well as to push the executive branch to issue regulations to enforce the amendment.
==Background==
The Reed Amendment added the following text to the Immigration and Nationality Act of 1952's list of "Classes of aliens ineligible for visas or admissions":〔(【引用サイトリンク】title=8 USC § 1182: Inadmissable Aliens )
: (E) Former citizens who renounced citizenship to avoid taxation
: Any alien who is a former citizen of the United States who officially renounces United States citizenship and who is determined by the Attorney General to have renounced United States citizenship for the purpose of avoiding taxation by the United States is inadmissible.
This provision is located at INA 212(a)(10)(E) (). It was introduced by then-Representative Jack Reed (D-RI).
Reed first introduced his eponymous amendment during the debate on the Immigration in the National Interest Act of 1995. He stated: "there's no attempt by this legislation to prevent someone from renouncing their citizenship", simply that people who did so for purposes of tax avoidance should "not be able to return to the United States".〔 At the time, the issue of giving up U.S. citizenship for tax purposes was receiving a large amount of media attention, which also resulted in Congress' passage of a law to strengthen the "expatriation tax" (). Reed's amendment was specifically intended to address the issue of wealthy individuals who had renounced U.S. citizenship but then later attempted to obtain residency visas to return to the United States.〔; also available (in PDF form from the website ) of the Government Printing Office.〕 One example discussed was Kenneth Dart of Dart Container, who had become a citizen of Belize and then attempted to obtain a diplomatic visa to serve as Belize's new consul in Sarasota, Florida.〔 Florida Congressmen Sam Gibbons and Dan Miller both wrote to the State Department to protest, and by October 1995, the government of Belize had withdrawn its nomination of Dart as consul. Wealthy people who renounced U.S. citizenship for tax reasons were estimated to comprise about a dozen of the roughly one thousand people per year who became ex-Americans.
The House Committee on the Judiciary approved Reed's amendment by a vote of 25 to 5, over objections from opponents of the law arguing that it was punitive, difficult to enforce, and gave too much discretion to the Attorney General. It went on to be enacted on September 30, 1996.〔 Nevertheless, in the aftermath of the amendment's passage, Reed's fellow Democrat Daniel Patrick Moynihan made a speech on the Senate floor voicing harsh criticisms, stating: "The wording of the statute is embarrassing. How can an alien renounce U.S. citizenship? In what capacity would said alien do so officially? One assumes that a court of law would find the language incoherent and unenforceable ... This is the way we legislate at 5 o'clock in the morning 4 days before adjournment." Moynihan had long advocated for the alternative plan of modifying the expatriation tax instead to tax accrued capital gains.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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