Preventing Intelligence Gathering from Foreign Adversaries Act
- Sponsor
- Sen. Scott, Rick [R-FL]
- Committees
- Judiciary Committee (primary)
- Last action
- Jul 16, 2025
Bottom line
The bill expands U.S. immigration enforcement by making individuals subject to foreign intelligence security laws inadmissible and deportable, aiming to counter foreign espionage threats.
What it actually does
This bill amends the Immigration and Nationality Act to establish new grounds for inadmissibility and deportability. Specifically, it targets any alien who is subject to a foreign law requiring them to provide access to, cooperate with, or support the intelligence-gathering activities or operations of that foreign country. This means individuals from countries with such laws could be denied entry or deported from the United States.
Proponents argue
Proponents argue this bill is a critical national security measure designed to protect the United States from foreign intelligence threats. They contend that individuals compelled by foreign laws to assist intelligence operations pose an inherent risk to U.S. security, making their exclusion or removal essential to safeguard national interests and sensitive information.
Opponents contend
Opponents might argue that the bill is overly broad and could lead to unintended consequences, potentially impacting individuals who have no malicious intent but are simply citizens of countries with such laws. They may raise concerns about the practical challenges of determining who is "subject to" such a law and the potential for discrimination or profiling based on nationality, rather than individual actions or intent.
The bill text is very short and can be read quickly, allowing ample time for a thorough evaluation of its implications.
Section 2(a), amending Section 212(a)(3) of the Immigration and Nationality Act
New Ground of Inadmissibility for Foreign Intelligence Security Law Subjection
This provision adds a new category under which an alien can be deemed inadmissible to the United States. If an individual is subject to a law in their home country that compels them to provide access, cooperation, or support to that country's intelligence-gathering activities, they will be barred from entering the U.S. This aims to prevent individuals who could be compelled to act as foreign agents from entering the country.
Supporters argue
Supporters assert that this provision is vital for national security, preventing individuals who are legally bound to assist foreign intelligence from entering the U.S. They argue it closes a critical loophole that could be exploited by adversarial nations.
Critics contend
Critics may contend that this provision is too broad, potentially barring innocent individuals who have no choice but to comply with their home country's laws, even if they have no intention of engaging in espionage. They might argue it could lead to profiling based on nationality.
Tradeoffs
Balances national security concerns against potential impacts on legitimate travelers and the principle of individual culpability versus collective responsibility based on nationality.
Section 2(b), amending Section 237(a)(4) of the Immigration and Nationality Act
New Ground of Deportability for Foreign Intelligence Security Law Subjection
This provision establishes a new basis for deporting an alien already present in the United States. If an individual is found to be subject to a foreign law that mandates their cooperation with or support for that country's intelligence operations, they can be removed from the U.S. This extends the national security protection to those already residing within the country.