Sponsors (2)
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Adds a new subparagraph (H) to 8 U.S.C. 1182(a)(3) making inadmissible any alien who carried out, participated in, planned, financed, afforded material support to, or otherwise facilitated attacks against Israel initiated by Hamas beginning on October 7, 2023.
Adds a new paragraph (D) to 8 U.S.C. 1231(b)(3) making aliens who carried out, participated in, planned, financed, afforded material support to, or otherwise facilitated attacks against Israel initiated by Hamas beginning on October 7, 2023 ineligible for any relief under the immigration laws, including specified provisions and regulations.
Conforming amendment to 8 U.S.C. 1227(a)(4)(B) by striking "subparagraph (B) or (F)" and inserting "subparagraph (B), (F), or (H)", thereby referencing the newly added (H) as a basis for removal.
Makes noncitizens who are connected to or who provided material support for the October 7, 2023 Hamas attacks on Israel inadmissible to the United States and ineligible for immigration relief. Amends the Immigration and Nationality Act to add these grounds, updates removal cross-references, and requires the Secretary of Homeland Security to report annually to Congress on how many such aliens are found inadmissible or removable.
Adds a new subparagraph (H) to section 212(a)(3) of the Immigration and Nationality Act that makes 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, inadmissible to the United States.
Adds a new subparagraph (D) to section 241(b)(3) of the Immigration and Nationality Act declaring that any alien who carried out, participated in, planned, financed, afforded material support to, or otherwise facilitated the October 7, 2023 Hamas attacks against Israel shall be ineligible for any relief under the immigration laws, including relief under that section, section 208 of the Act, and section 2242 of the Foreign Relations Authorization Act (and regulations under that section).
Makes a conforming amendment to section 237(a)(4)(B) of the Immigration and Nationality Act by striking "subparagraph (B) or (F)" and inserting "subparagraph (B), (F), or (H)", to reflect the new inadmissibility ground.
Requires the Secretary of Homeland Security to submit a report to Congress not later than one year after enactment, and annually thereafter, identifying (1) the number of aliens found inadmissible under new section 212(a)(3)(H) and (2) the number of such aliens described in that section who have been found removable under section 237(a)(4)(B), as amended.
Who is affected and how:
Noncitizens with alleged ties, support, or connection to the October 7, 2023 Hamas attacks are directly affected: they would be barred from entering the United States and ineligible for a range of immigration benefits and relief, and could be placed in removal proceedings or denied admission. This can include visa applicants, adjustment applicants, parole seekers, asylum or refugee applicants, and individuals facing removal proceedings.
Department of Homeland Security, U.S. Citizenship and Immigration Services, consular officers, and immigration courts will need to incorporate the new statutory grounds into screening, vetting, adjudication, and removal processes. That will increase casework and require training and guidance to apply the new bar consistently.
Immigration judges and counsel handling related cases will see the new statutory basis raised in proceedings; courts may face new factual and legal disputes over what constitutes a qualifying connection or material support.
Asylum seekers and refugee applicants may be screened out if adjudicators determine they meet the connection standard, reducing avenues for protection for individuals who fall within the statute’s scope.
Congress will receive annual data from DHS on the statute’s use, which can inform oversight and future policy changes.
Operational considerations:
Agencies must determine how to establish and document connections to the attacks in individual cases, relying on intelligence, criminal, and investigatory records as applicable.
The text does not specify detailed evidentiary thresholds or definitions, so agency guidance and case law will shape practical application.
The reporting requirement imposes an administrative obligation on DHS but does not specify funding, timelines beyond annual reporting, or the exact content/format of reports.
Possible broader effects:
Expand sections to see detailed analysis
Read twice and referred to the Committee on the Judiciary.
Introduced February 27, 2025 by Marsha Blackburn · Last progress February 27, 2025
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate