No Immigration Benefits for Hamas Terrorists Act

On January 31, 2024, legislation was adopted by the House of Representatives that “imposes immigration-related penalties on certain non-U.S. nationals (aliens under federal law) who are involved with terrorism or attacks against Israel.”

“Under this bill, members of Palestinian Islamic Jihad or Hamas or who participated in or otherwise facilitated the October 7, 2023, attacks on Israel may not be admitted into the United States.

The bill also expands an existing admissions bar against officers, representatives, and spokespersons of the Palestinian Liberation Organization (PLO). Under this bill, all PLO members are barred from admission into the United States.

The bill also prohibits any non-U.S. national who participated in or otherwise facilitated the October 7, 2023, attacks from seeking any immigration-related relief or protections, including (1) protection from being deported to a country where the individual's life or freedom would be threatened, or (2) asylum in the United States.”

The vote was 422-2, with 1 voting present and 6 not voting. The two nay votes came from two members of the Squad – Rashida Tlaib (D-MI) and Cori Bush (D-MO) – who routinely vote against legislation related to the Israeli-Palestinian conflict that is supported by pro-Israel members.

118th CONGRESS
2d Session

H. R. 6679

IN THE SENATE OF THE UNITED STATES

February 1, 2024

Received; read twice and referred to the Committee on the Judiciary

AN ACT

To amend the Immigration and Nationality Act with respect to aliens who carried out, participated in, planned, financed, supported, or otherwise facilitated the attacks against Israel.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “No Immigration Benefits for Hamas Terrorists Act”.

SEC. 2. ALIENS WHO CARRIED OUT, PARTICIPATED IN, PLANNED, FINANCED, SUPPORTED, OR OTHERWISE FACILITATED ATTACKS AGAINST ISRAEL.

(a) Participants In Hamas Terrorism Against Israel.—Section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended—

(1) in subparagraph (B)(i), in the matter following subclause (IX)—

(A) by inserting “Palestinian Islamic Jihad, or Hamas” after “Palestine Liberation Organization”; and

(B) by inserting “member, ” after “representative,”; and

(2) by adding at the end the following:

“(H) PARTICIPANTS IN HAMAS TERRORISM AGAINST ISRAEL.—Any alien who carried out, participated in, planned, financed, afforded material support to, or otherwise facilitated any of the attacks against Israel initiated by Hamas beginning on October 7, 2023, is inadmissible.”.

(b) Ineligibility For Relief.—Section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is amended by adding at the end the following:

“(D) INELIGIBILITY FOR RELIEF.—Any alien who carried out, participated in, planned, financed, afforded material support to, or otherwise facilitated any of the attacks against Israel initiated by Hamas beginning on October 7, 2023, shall be ineligible for any relief under the immigration laws, including under this section, section 208, and section 2242 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (and any regulations issued pursuant to such section).”

(c) Conforming Amendment.—Section 237(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended by striking “subparagraph (B) or (F)” and inserting “subparagraph (B), (F), or (H)”.

(d) Report Required On Participants In Hamas Terrorism Against Israel.—Beginning not later than one year after the date of the enactment of this Act, and each year thereafter, the Secretary of Homeland Security shall submit a report to Congress, including the number of aliens who were—

(1) found to be inadmissible under section 212(a)(3)(H) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(H)); and

(2) described in section 212(a)(3)(H) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(H)) and found to be removable pursuant to section 237(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)).

Passed the House of Representatives January 31, 2024.

Source: “Roll Call 28 | Bill Number: H. R. 6679,” Clerk United States House of Representatives, (January 31, 2024).