Section 7031(c) Designations: Restricting Entry Over Human Rights Abuses

The U.S. Department of State has utilized Section 7031(c) of the National Security, Department of State, and Related Programs Appropriations Act, 2026, to bar individuals and their family members from entering the United States. This powerful tool allows the Secretary of State to designate foreign officials, publicly or privately, if there is credible information that they have been involved in significant corruption or gross violations of human rights. This designation can occur regardless of whether the individual has applied for a visa.

Understanding Section 7031(c)

Section 7031(c) is a critical component of U.S. foreign policy, enabling the government to take action against individuals whose actions undermine human rights and democratic values. The law specifically targets foreign officials and their immediate family members when the Secretary of State has reliable evidence of their involvement in serious misconduct. This misconduct can include direct or indirect participation in gross human rights violations or significant corruption. The authority to make these designations is carried forward by continuing appropriations acts, ensuring its continued application.

Grounds for Designation

The primary grounds for invoking Section 7031(c) are involvement in gross human rights violations or significant corruption. Gross human rights violations can encompass a wide range of abuses, including torture, murder, forced labor, and the targeting of specific groups such as religious minorities. Significant corruption refers to illicit activities that undermine public trust and economic stability. When credible information links a foreign official to such actions, the Secretary of State has the authority to impose entry restrictions.

Recent Application: Osama Njeem and Wife

A recent example of Section 7031(c) in action is the designation of former Libyan Judicial Police official Osema Almasri Habeesh Najeem, widely known as Osama Njeem, and his wife, Aml Faraj Mohamed Makhluf. Announced on October 29, 2026, by Secretary of State Marco Rubio, this action barred Njeem and his wife from entering the United States. The State Department cited allegations of torture and cruel, inhumane, and degrading treatment of detainees at Mitiga and al Jadida prisons in Libya. The department also mentioned claims of murder, forced labor, and the targeting of Christians and other minority groups as reasons for the designation.

The Scope of the Restriction

The designation under Section 7031(c) extends beyond the targeted official to include their immediate family members. In the case of Osama Njeem, his wife was explicitly named in the designation. The State Department’s announcement indicated that Njeem’s family members are also covered by the restriction, underscoring the broad reach of this policy. This ensures that individuals who benefit from or are complicit in the abuses of a designated official are also held accountable.

Waivers and National Interest

While Section 7031(c) imposes strict entry restrictions, the law does provide for the possibility of waivers. The Secretary of State has the authority to grant a waiver if it is determined that the entry of the individual would serve a compelling national interest of the United States. Alternatively, a waiver may be granted if the circumstances that led to the person becoming ineligible for entry have sufficiently changed. These waiver provisions allow for flexibility in specific, exceptional cases.

International Allegations and Legal Proceedings

The allegations against Osama Njeem predate his designation by the U.S. Department of State. The International Criminal Court (ICC) had previously accused Njeem of committing, ordering, or assisting in murder and torture, including rape, of detainees at Mitiga Prison in Tripoli, with alleged conduct dating back to February 2015. He was arrested in Italy on war crimes charges in January 2026, subsequently released, and returned to Libya, where he was detained in November 2025. These international accusations and legal proceedings provide further context for the U.S. government’s decision to impose entry restrictions.

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