This bill denies immigration benefits and makes inadmissible to the U.S. any alien who participated in, financed, or facilitated Hamas attacks against Israel beginning October 7, 2023.
Tom McClintock
Representative
CA-5
This bill, the "No Immigration Benefits for Hamas Terrorists Act of 2025," makes any alien who participated in or supported the Hamas attacks against Israel on or after October 7, 2023, inadmissible to the United States. This legislation bars such individuals from receiving any form of U.S. immigration relief, including asylum or withholding of removal. Furthermore, it establishes grounds for their deportation and requires an annual report to Congress on enforcement actions taken under this new law.
This bill, titled the “No Immigration Benefits for Hamas Terrorists Act of 2025,” directly amends U.S. immigration law to create a new, permanent bar for anyone involved in the attacks against Israel initiated by Hamas on or after October 7, 2023. Specifically, it makes any non-citizen who “carried out, participated in, planned, financed, afforded material support to, or otherwise facilitated” these attacks permanently inadmissible to the United States (Sec. 2, amending 8 U.S.C. 1182(a)(3)). This is a major change because it establishes a specific, targeted ground for inadmissibility tied to a particular set of events.
The most significant impact of this legislation is the total cutoff from U.S. immigration relief. For an alien determined to fall under this new inadmissibility category, the bill explicitly states they are ineligible for any relief under U.S. immigration laws (Sec. 2, amending 8 U.S.C. 1231(b)(3)). This is critical because it means an individual who meets the criteria—even if they were fleeing persecution—cannot apply for asylum, withholding of removal, or any other protective status that might otherwise be available to people facing danger in their home country. The bill essentially makes this designation an absolute, permanent disqualifier from setting foot in the U.S. or gaining status here.
While the goal of barring terrorists is clear, the language used in the bill has a broad reach. The provision includes not just those who “carried out” or “planned” the attacks, but also those who “otherwise facilitated” them. In immigration enforcement, words like “facilitated” or “material support” can be interpreted quite broadly. For instance, if an individual provided a service or resource that indirectly aided the effort—even if they weren't a combatant—they could potentially be swept into this category. This broad language grants significant discretion to immigration authorities when making inadmissibility determinations, and that discretion is what often leads to legal challenges and due process concerns down the line.
Beyond entry, the bill also makes this new ground of inadmissibility a basis for deportation (Sec. 2, amending 8 U.S.C. 1227(a)(4)(B)). If someone is already in the U.S. and is later found to have met the criteria of facilitating the attacks, they become removable. To keep tabs on this, the bill mandates that the Secretary of Homeland Security must submit an annual report to Congress, detailing the number of aliens found to be inadmissible or deportable under this specific new provision. This reporting requirement ensures Congress maintains oversight on how frequently and under what circumstances this new enforcement tool is being utilized.