Last progress June 4, 2025 (8 months ago)
Introduced on June 4, 2025 by Nancy Mace
Referred to the House Committee on the Judiciary.
Prohibits a range of immigration benefits and protections for people connected to Palestinian-administered areas of Judea and Samaria (West Bank) and Gaza or who hold passports/travel documents issued by the Palestinian Authority. It nullifies recent executive actions on Deferred Enforced Departure (DED) for certain Palestinians, bars federal funds to provide DED to people from those areas, and amends multiple immigration laws to make such persons ineligible for Temporary Protected Status (TPS), parole, asylum, refugee admission, and to be admitted; it also makes them deportable and allows rescission of lawful permanent resident status after a specified violent crime conviction. The bill changes several provisions across the Immigration and Nationality Act to create a consistent prohibition on entry, protection, and certain immigration relief for persons who habitually lived in Palestinian-administered territories or who hold Palestinian Authority-issued travel documents, and it directs removal of those already admitted in some cases.
The presidential memorandum issued on February 14, 2024 (89 Fed. Reg. 12743) and the Department of Homeland Security notice issued on April 15, 2024 (89 Fed. Reg. 26167) shall have no force or effect. These documents are titled “Deferred Enforced Departure for Certain Palestinians” and “Implementation of Employment Authorization for Individuals Covered by Deferred Enforced Departure for Certain Palestinians.”
No funds made available by any Act may be used to provide deferred enforced departure to an alien who (1) habitually resided in the Palestinian‑administered territory within Judea and Samaria or Gaza, or (2) holds a passport or other travel document issued by the Palestinian Authority.
Amend clause (i) of 8 U.S.C. 1254(c)(2)(B) by striking the word "or" at the end of the clause.
Amend clause (ii) of 8 U.S.C. 1254(c)(2)(B) by striking the period at the end of the clause and inserting "; and" to continue the list.
Add a new clause (iii) to 8 U.S.C. 1254(c)(2)(B) that provides the alien is covered if they (I) habitually resided in the Palestinian-administered territory within Judea and Samaria or Gaza, or (II) hold a passport or other travel document issued by the Palestinian Authority .
Primary affected individuals: people who habitually resided in Palestinian-administered areas of Judea and Samaria (West Bank) or Gaza and people who possess passports or travel documents issued by the Palestinian Authority. Those individuals would be barred from DED, TPS, parole, asylum, and refugee admission; they would be inadmissible at the border/port of entry and deportable if present in the United States under current law.
Agencies and programs: DHS components (USCIS, CBP, ICE) will need to adopt new screening, eligibility, and adjudication rules to implement inadmissibility, deportability, parole prohibition, and denial of relief. DOJ immigration courts and EOIR will carry increased removal caseloads and adjudicate challenges. Refugee resettlement agencies and non‑profit legal service providers will see new caseload demands. State and local service providers potentially serving affected migrants may need to adjust intake procedures.
Operational and legal consequences: The changes will increase removals and denials for the targeted group and may produce challenges in identifying "habitual residence" and verifying Palestinian Authority travel documents. The statute’s broad bars could sweep in individuals who are stateless, hold dual nationality, or are third‑country nationals who previously lived in the specified areas. The rescission provision for lawful permanent residents convicted of a crime of violence introduces an automatic immigration consequence tied to a criminal definition in federal law, raising due process and implementation questions.
Humanitarian and foreign policy implications: Blocking asylum, refugee admission, TPS, and parole for this defined group removes common humanitarian pathways used by people displaced by conflict or persecution, potentially forcing them to remain in precarious conditions or pursue alternative third‑country solutions. The provision nullifying recent executive action also curtails an administrative tool used for temporary protection and work authorization. The changes could affect U.S. relationships with partners involved in migration, refugee processing, and humanitarian assistance in the region.
Enforcement burden and litigation risk: Implementing agencies will face administrative workload increases, and affected individuals and advocacy organizations are likely to mount legal challenges raising statutory interpretation, constitutional, and international-law arguments. Courts may be asked to resolve definitions (e.g., "habitually lived"), document authenticity issues, retroactivity, and equal protection or nondiscrimination claims.