Mandatory Review: Bill Forces Government to Examine Designating CAIR as a Foreign Terrorist Organization

This legislation, officially titled the "Designate CAIR as a Terrorist Organization Act," is straightforward: it forces a formal government review of the Council on American-Islamic Relations (CAIR) to determine if the organization meets the legal criteria to be labeled a Foreign Terrorist Organization (FTO).

Within 90 days of the bill becoming law, the Secretary of State must coordinate with the Attorney General and the Secretary of the Treasury to conduct this mandatory review (SEC. 3). After the review, they must report back to Congress, stating whether CAIR has been designated as an FTO or, if not, summarizing the specific findings that led to that conclusion.

The Case for Review: A History of Association

To justify this extraordinary step, the bill includes a lengthy section of Congressional findings (SEC. 2) detailing CAIR’s alleged historical connections to terrorism. These findings aren't new charges, but a compilation of past events and associations that Congress views as problematic. For example, the bill notes CAIR was named an unindicted co-conspirator in the 2007 Holy Land Foundation terrorism financing trial and highlights that the FBI stopped formal contact with the group due to alleged ties to Hamas.

It also lists several instances where former CAIR employees or associated individuals were convicted of terrorism-related offenses, such as a former communications specialist sentenced for conspiring to aid Al Qaeda and the Taliban. The findings also point to more recent events, including comments made by CAIR’s Executive Director following the October 7, 2023, attacks, and the fact that the United Arab Emirates designated CAIR as a terrorist organization in 2014. Essentially, the bill uses these historical connections—which CAIR has long dismissed as guilt by association—to build the case for why the FTO review is necessary now.

What an FTO Designation Actually Means

For most people, the term "Foreign Terrorist Organization" sounds like something that only applies overseas. But if CAIR were to be designated an FTO, the impact would be immediate and severe for American Muslims and civil liberties advocates. An FTO designation is not just a label; it’s a legal tool that triggers massive restrictions.

Under FTO status, it becomes a federal crime to knowingly provide "material support or resources" to the organization. This means that anyone who donates money, volunteers their time, or even provides expert advice to CAIR could face criminal prosecution. For the thousands of American Muslims who rely on CAIR for legal services, anti-discrimination work, or civic engagement, this designation would effectively dismantle a major national advocacy organization, criminalizing support for it and severely chilling free association and speech.

The Real-World Stakes for Advocacy Groups

This bill sets up a high-stakes scenario. Even if the review ultimately finds that CAIR does not meet the legal criteria for FTO designation—which requires proving the organization engages in terrorist activity or retains the capability and intent to do so—the mandatory review itself carries immense weight. The process, driven by the findings laid out in the bill, permanently stigmatizes the organization and forces government agencies to dedicate resources to investigating a domestic civil rights group.

It raises a crucial question about precedent: when does a government’s concern over an organization’s past associations justify initiating a process that could potentially strip it of its legal status and criminalize its supporters? This is not just a policy fight; for the communities CAIR serves, it’s a direct threat to their ability to organize and advocate without fear of federal prosecution.