This bill denies immigration benefits and mandates the removal of non-citizens who advocate for implementing Sharia law in a manner that violates constitutional or federal rights.
Tommy Tuberville
Senator
AL
This Act denies U.S. immigration benefits and entry to any non-citizen who advocates for implementing Sharia law in a way that violates constitutional or federal rights. Individuals already in the U.S. who violate this provision face visa revocation and mandatory removal. Decisions made regarding removal under this Act are explicitly barred from judicial review.
This legislation, titled the “Preserving a Sharia-Free America Act,” introduces a major change to U.S. immigration law by creating specific ideological grounds for denying entry or deporting non-citizens. Specifically, it mandates that federal agencies—the State Department, Homeland Security (DHS), and the Attorney General—must deny any visa, immigration benefit, or entry to non-citizens who advocate for implementing Sharia law if that advocacy would violate rights protected under the U.S. Constitution or federal/state law (Sec. 2).
Think of this as adding a new, specific tripwire to the immigration system. Under Section 3, a non-citizen is now considered inadmissible (barred from entry) or deportable (kicked out) if they advocate for imposing Sharia law in a manner that conflicts with established U.S. rights. For someone already living here, say a green card holder, this means that certain kinds of political or religious speech could now be grounds for having their legal status revoked and facing mandatory removal. The key issue here is how federal officials will define "advocating for implementing Sharia law in a way that would break someone's rights"—a definition that is highly subjective and open to broad interpretation by the agencies themselves.
Here’s the provision that should catch everyone’s attention: The bill explicitly states that any removal decision made under this new rule is final, and no court can review that determination (Sec. 2(d)). This is a massive shift. In nearly all other deportation cases, individuals have the right to appeal to a federal court to ensure the government followed the law and didn't make a mistake. Under this act, if DHS determines that a non-citizen’s speech violates this Sharia advocacy rule, that person is removed, and they cannot challenge the decision in court. This effectively strips away a critical layer of due process and oversight, placing immense, unchecked power in the hands of executive agencies.
For non-citizens, whether they are applying for a visa abroad or are current residents, this bill creates a chilling effect on speech. Imagine a student on a visa participating in a religious discussion group or an academic writing a paper on comparative law. If their speech is interpreted by an immigration officer as advocating for Sharia law in a way that violates U.S. rights, they could lose their status. Furthermore, the bill also states that lying to a federal official about this advocacy—even a minor inconsistency—is also grounds for immediate deportation (Sec. 2(c)). This means the stakes are incredibly high for non-citizens when dealing with any federal inquiry related to their beliefs or political speech. The bill targets ideological expression, making it a new, mandatory reason for exclusion and removal, all while blocking the judicial system from reviewing potential errors or abuses.