Congressional declarations

(a) Invaders Congress declares that all of the following persons are designated invaders while remaining in the United States for purposes of section 301(a) of the Immigration and Nationality Act, as amended by section 4: (1) Any person who has not been lawfully admitted to the United States (as defined in section 101(a)(13)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(A))). (2) Any person who is otherwise unlawfully present under section 212(a)(9)(B)(ii) of such Act (8 U.S.C. 1182(a)(9)(B)(ii)). (3) Any person seeking admission to the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is seeking admission or adjustment of status for the purpose of giving birth to a child in the United States. (b) Commercial surrogacy contracts Congress declares that any person who is a national of a covered nation (as defined in section 4872(f)(2) of title 10, United States Code) and enters into a commercial surrogacy contract with a person in the United States, or with a surrogacy broker who arranges a commercial surrogacy contract with a person in the United States, for the purpose of having a child birthed in the United States shall be designated an invader for purposes of section 301(a) of the Immigration and Nationality Act, as amended by section 4. (c) Rules of construction (1) Not lawfully admitted Subsection (a)(1) shall be construed to include all persons who were never lawfully admitted to the United States (as defined in section 101(a)(13)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(A))), regardless of when such persons entered the United States. (2) Not lawfully present Subsection (a)(2) shall be construed to include all persons unlawfully present under section 212(a)(9)(B)(ii) of such Act (8 U.S.C. 1182(a)(9)(B)(ii)), regardless of when such persons entered the United States.