Technical and procedural updates only. The v4 version reflects the bill's referral to the Senate and includes the name of the House Clerk, which were not present in v3. There are no substantive policy changes between the two versions.
No Immigration Benefits for Hamas Terrorists Act of 2025
- Sponsor
- Rep. McClintock, Tom [R-CA-5]
- Committees
- Judiciary Committee (primary)
- Last action
- Dec 2, 2025
Bottom line
The bill strengthens U.S. immigration law by explicitly barring entry and immigration benefits to individuals involved in the October 7, 2023, Hamas attacks and requires annual reporting on its implementation.
What it actually does
This bill amends the Immigration and Nationality Act to explicitly make any alien who carried out, participated in, planned, financed, afforded material support to, or otherwise facilitated the attacks against Israel initiated by Hamas beginning on October 7, 2023, inadmissible to the United States. It also renders such individuals ineligible for any form of immigration relief, including asylum. Furthermore, the bill expands existing inadmissibility grounds to specifically name Palestinian Islamic Jihad and Hamas.
Proponents argue
Proponents argue that this bill is a critical national security measure, ensuring that individuals involved in heinous terrorist acts cannot exploit U.S. immigration laws to enter or remain in the country. They contend it sends a clear message against terrorism and reinforces the U.S. commitment to preventing those who support such violence from gaining a foothold.
Opponents contend
Opponents might raise concerns about the broad language used, particularly phrases like 'participated in' or 'otherwise facilitated,' arguing it could lead to potential due process issues or unintended consequences for individuals with tangential or coerced connections. Some may also argue that existing terrorism-related inadmissibility grounds are already sufficient to address these concerns.
The bill is very short and clearly written, making it highly accessible for any reader to understand its core provisions within a few minutes.
Section 2(a)(1)
Expansion of Inadmissibility for Terrorist Organizations
This provision amends the Immigration and Nationality Act (INA) to explicitly include 'Palestinian Islamic Jihad, or Hamas' alongside the 'Palestine Liberation Organization' in the list of terrorist organizations whose representatives or members are inadmissible to the United States. It also clarifies that a 'member' of such an organization is subject to these inadmissibility grounds.
Supporters argue
Supporters contend this amendment strengthens national security by explicitly naming these organizations, leaving no ambiguity about their members' or representatives' inadmissibility. This proactive measure ensures U.S. law directly reflects current threats.
Critics contend
Critics might argue that existing broader terrorism-related inadmissibility grounds already cover these organizations, making this specific amendment largely redundant. Some may also express concern about the potential for overreach in defining 'member' or 'representative'.
Tradeoffs
The provision aims to enhance clarity and specificity in immigration law regarding terrorist organizations, balancing the desire for robust national security with concerns about potentially redundant or overly broad legal language.
Section 2(a)(2)
Inadmissibility for Participants in October 7, 2023 Attacks
This section adds a new clause (H) to Section 212(a)(3) of the INA, making any alien inadmissible 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.' This creates a specific ground for inadmissibility tied directly to these particular events.
Section 2(b)
Ineligibility for Immigration Relief
This section amends the INA to state that any alien who falls under the new inadmissibility ground (i.e., those involved in the October 7, 2023, Hamas attacks) shall be ineligible for any relief under U.S. immigration laws. This includes relief under Section 208 (asylum) and Section 2242 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (withholding of removal).
Section 2(d)
Annual Report on Participants in Hamas Terrorism
This section mandates that the Secretary of Homeland Security submit an annual report to Congress, beginning one year after the Act's enactment. The report must detail the number of aliens found to be inadmissible under the new Section 212(a)(3)(H) and the number of aliens found to be removable under Section 237(a)(4)(B) (which is amended by this Act to include the new ground) due to their involvement in the October 7, 2023, Hamas attacks.
The bill makes individuals involved in the October 7, 2023, Hamas attacks 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'. Section 2242 refers to withholding of removal under the Convention Against Torture.
Section 2(b)
Why it matters:This is standard legislative drafting practice, referring to existing law by its statutory citation rather than re-explaining it. It is not necessarily evasive, but it does require legal expertise to fully understand the scope of the denial of relief.
Case for: Supporters would argue that explicitly listing this section ensures comprehensive coverage, preventing individuals involved in terrorism from receiving any form of protection, including those based on international treaties like the Convention Against Torture, when their actions are deemed to be terrorism-related.
Case against: Critics might argue that denying withholding of removal, even for individuals involved in terrorism, could raise questions about international human rights obligations, particularly if there are concerns about the definition of 'involvement' or the potential for torture in the country of removal. However, existing law already has bars to such relief for certain serious crimes.
Estimated impact: This provision clarifies that even the most fundamental forms of protection against removal, including those based on the Convention Against Torture, are unavailable to individuals deemed to have participated in the specified terrorist attacks. The impact is on a case-by-case basis for those seeking such relief.