PolicyBrief
S. 49
119th CongressJan 9th 2025
Expel Illegal Chinese Police Act of 2025
IN COMMITTEE

The "Expel Illegal Chinese Police Act of 2025" mandates sanctions on individuals and entities tied to Chinese police and law enforcement, especially those involved in activities within the U.S., while also allowing for national security waivers. It also prohibits federal agencies from participating in investigations into these foreign individuals/entities unless initiated by the U.S. government or vital to the health, safety, and well-being of U.S. citizens.

Tom Cotton
R

Tom Cotton

Senator

AR

LEGISLATION

New Bill Mandates Sanctions on Chinese Police: Visa Bans and Asset Freezes for Those Linked to Xinjiang, Fujian, and U.S. Operations

The "Expel Illegal Chinese Police Act of 2025" directly targets Chinese law enforcement, particularly those connected to operations in Xinjiang and Fujian, and any entities linked to alleged Chinese police presence within the United States. The bill, if passed, would force the President to impose serious sanctions on individuals and organizations tied to these police forces.

Sanctions City

This bill isn't messing around. It mandates the President to freeze assets and block any property transactions within U.S. jurisdiction for those sanctioned. Think of it like this: if a sanctioned individual has a bank account, investments, or even a timeshare in the U.S., it's all locked down. On top of that, anyone hit with these sanctions gets an immediate visa revocation and becomes ineligible to enter the U.S. This applies not just to the individuals directly involved, but potentially to their immediate family members as well (as defined in SEC. 2).

The Presidential Power Play

The bill gives the President significant power, authorizing the use of the International Emergency Economic Powers Act (IEEPA) to enforce these sanctions. This means hefty penalties for anyone caught violating them. However, there's a catch: the President can waive these sanctions for 30 days if it's deemed "vital to U.S. national security interests," but they have to notify Congress 15 days before doing so (SEC 2). This waiver could become a point of contention, potentially allowing some to slip through the cracks if the administration decides it's politically expedient.

Hands Off, Feds

Here's a twist: the bill also prohibits U.S. federal agencies from getting involved in any investigations into these sanctioned individuals or entities, unless the U.S. government itself starts the investigation, or if it's crucial for the safety and well-being of U.S. citizens (SEC 2). So, if a local police department is looking into someone who later gets sanctioned under this bill, the feds can't join in unless it meets very specific criteria.

Potential Ripple Effects, and the Big "What If?"

While the bill aims to address human rights concerns, particularly in Xinjiang, and limit the reach of Chinese law enforcement, the broad language could lead to some tricky situations. The definition of "connected to police and law enforcement" could be interpreted widely. It's also worth noting that the "national security" waiver gives the President a lot of leeway. The long-term impact on diplomatic relations is hard to predict, but this bill definitely throws down a gauntlet.