The Sixth Circuit has provided guidance as to what constitutes “material support” to a Tier 3 terrorist group. “We read material here to incorporate both the “relevant” and “significant” definitions. Context helps us reach that conclusion. The statute at issue bars admission to an alien who has provided material support: for the commission of a terrorist activity to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity, or to a terrorist organization. That is, the support must be relevant to terrorism. And the support must also be significant. Indeed, the statute provides a non-exhaustive list of examples of material support, including safe house, transportation, communication, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, Those examples suggest that the support must be significant or even essential to the commission of terrorism. Although the statute’s list of examples is non-exhaustive, the copying and distribution of literature may not seem as relevant or significant to the commission of terrorism as the provision of weapons or explosives. But the Supreme Court explained in Holder v. Humanitarian Law Project , seemingly benign support may provide essential assistance to a violent terrorist organization.”

The full text of Hosseini v. Nielsen can be found here: