PolicyBrief
H.R. 2065
119th CongressMar 11th 2025
Unmasking Hamas Act of 2025
IN COMMITTEE

The Unmasking Hamas Act of 2025 establishes new federal penalties for interfering with constitutional rights or destroying property while wearing a disguise, particularly in response to disruptive, masked protests linked to Hamas activities on campuses and in public spaces.

Addison McDowell
R

Addison McDowell

Representative

NC-6

LEGISLATION

New Federal Crime for Masked Protesters: Up to 15 Years for 'Intimidating' Others While Disguised

The “Unmasking Hamas Act of 2025” is a direct response to the recent wave of disruptive, often masked, protests on college campuses and in public spaces. The bill doesn't just address property damage; it creates two powerful new federal penalties designed to target people who wear disguises—like masks—while engaging in certain activities. Congress is framing this as a necessary step to curb violence, antisemitism, and the disruption of education, citing specific incidents involving masked individuals vandalizing property and making anonymous threats.

The New Federal Crime: Interfering While Disguised

Section 3 of this bill introduces a serious new federal crime: Interfering with protected rights while in disguise. Here’s the breakdown: If you, while wearing a disguise like a mask, injure, threaten, intimidate, or oppress another person who is trying to exercise a right guaranteed by the U.S. Constitution or federal law, you could face up to 15 years in prison, a fine, or both. Think of a masked counter-protestor blocking the entrance to a polling place or aggressively shouting down someone trying to hold a peaceful rally. The bill is clear that the trigger for this massive penalty is the combination of interfering with someone's rights while intentionally hiding your identity.

This provision has a catch that’s worth noting: It explicitly exempts law enforcement officers who are lawfully performing their duties, even if they are in disguise. So, if an undercover officer is wearing a mask as part of a sting operation, they are protected, but the average citizen wearing a mask at a protest is not.

The Penalty Hike for Property Damage

Section 4 focuses on property destruction, particularly on federal land—what the law calls “special maritime and territorial jurisdiction.” If someone commits the crime of destroying federal property (like a military base or a national park building) and they are wearing a mask while doing it, they automatically get a mandatory two-year addition to their prison sentence. This isn't optional; it's stacked on top of whatever sentence they get for the vandalism itself. For someone who might be facing a year for spray-painting federal property, this bill mandates that their sentence becomes three years, simply because they were masked.

The Real-World Impact on Everyday People

For most people, the main concern here is how broadly that Section 3 language—specifically "intimidates, or oppresses"—could be interpreted. The bill is motivated by specific political protests, but the language is not limited to them. Imagine you’re at a lawful protest, wearing a mask for anonymity or even for health reasons, and you get into a heated verbal exchange with a counter-protester. If law enforcement determines your actions “intimidated” the other person from exercising their right to speak, you could be facing a 15-year federal charge. This is a massive hammer for what could be a relatively minor confrontation.

For those who participate in political demonstrations, this bill raises the stakes considerably. Anonymity is often a key protection for protestors—whether they are concerned about employer retaliation, online harassment, or simply wanting to separate their professional life from their activism. By linking the act of wearing a mask to such severe federal penalties, the law creates a powerful chilling effect that might discourage people from showing up at all, even for constitutionally protected speech. The trade-off here is clear: greater accountability for those who commit crimes while masked, versus a significant potential restriction on the ability of ordinary citizens to protest anonymously.