[Congressional Record Volume 170, Number 18 (Wednesday, January 31, 2024)]
[House]
[Pages H338-H340]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            NO IMMIGRATION BENEFITS FOR HAMAS TERRORISTS ACT

  Mr. BENTZ. Mr. Speaker, pursuant to House Resolution 980, I call up 
the bill (H.R. 6679) to amend the Immigration and Nationality Act with 
respect to aliens who carried out, participated in, planned, financed, 
supported, or otherwise facilitated the attacks against Israel, and ask 
for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 980, in lieu of 
the amendment in the nature of a substitute recommended by the 
Committee on the Judiciary printed in the bill, an amendment in the 
nature of a substitute consisting of the text of Rules Committee Print 
118-24 is adopted and the bill, as amended, is considered read.
  The text of the bill, as amended, is as follows:

                               H.R. 6679

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``No Immigration Benefits for 
     Hamas Terrorists Act''.

     SEC. 2. ALIENS WHO CARRIED OUT, PARTICIPATED IN, PLANNED, 
                   FINANCED, SUPPORTED, OR OTHERWISE FACILITATED 
                   ATTACKS AGAINST ISRAEL.

       (a) Participants in Hamas Terrorism Against Israel.--
     Section 212(a)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(3)) is amended--
       (1) in subparagraph (B)(i), in the matter following 
     subclause (IX)--
       (A) by inserting ``Palestinian Islamic Jihad, or Hamas'' 
     after ``Palestine Liberation Organization''; and
       (B) by inserting ``member,'' after ``representative,''; and
       (2) by adding at the end the following:
       ``(H) Participants in hamas terrorism against israel.--Any 
     alien who carried out, participated in, planned, financed, 
     afforded material support to, or otherwise facilitated any of 
     the attacks against Israel initiated by Hamas beginning on 
     October 7, 2023, is inadmissible.''.
       (b) Ineligibility for Relief.--Section 241(b)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is 
     amended by adding at the end the following:
       ``(D) Ineligibility for relief.--Any alien who carried out, 
     participated in, planned, financed, afforded material support 
     to, or otherwise facilitated any of the attacks against 
     Israel initiated by Hamas beginning on October 7, 2023, shall 
     be ineligible for any relief under the immigration laws, 
     including under this section, section 208, and section 2242 
     of the Omnibus Consolidated and Emergency Supplemental 
     Appropriations Act, 1999 (and any regulations issued pursuant 
     to such section).''.
       (c) Conforming Amendment.--Section 237(a)(4)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is 
     amended by striking ``subparagraph (B) or (F)'' and inserting 
     ``subparagraph (B), (F), or (H)''.

  The SPEAKER pro tempore. The bill, as amended, shall be debatable for 
1 hour, equally divided and controlled by the chair and ranking 
minority member of the Committee on the Judiciary or their respective 
designees.
  After 1 hour of debate, it shall be order to consider the further 
amendment printed in part C of House Report 118-362, if offered by the 
Member designated in the report, which shall be considered read, shall 
be separately debatable for the time specified in the report equally 
divided and controlled by the proponent and an opponent, and shall not 
be subject to a demand for a division of the question.
  The gentleman from Oregon (Mr. Bentz) and the gentleman from New York 
(Mr. Nadler) each will control 30 minutes.
  The Chair recognizes the gentleman from Oregon (Mr. Bentz).


                             general leave

  Mr. BENTZ. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
to insert extraneous material on H.R. 6679.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.

                              {time}  1330

  Mr. BENTZ. Mr. Speaker, I yield myself such time as I may consume.
  On October 7, 2023, Hamas initiated its brutal, unprovoked terrorist 
attack on Israel, the deadliest terrorist attack since the State of 
Israel was formed. There is no place in the United States for people 
who would commit such acts.
  H.R. 6679, the No Immigration Benefits for Hamas Terrorists Act 
ensures that aliens who carried out, participated in, planned, 
financed, provided material support to, or otherwise facilitated the 
attacks on the Israeli people that started on October 7 are 
inadmissible to and removable from the United States.
  It also makes such aliens ineligible for any immigration relief.
  Legislation like this is increasingly important because we have an 
executive who has implemented policies specifically designed to allow 
bad actors in the United States and to let them stay here.
  The Biden administration's policies have thrown every facet of our 
immigration system into chaos. Since President Biden took office, more 
than 7 million illegal aliens have been encountered on our southwest 
border. We are on track to reach 12 million by the end of President 
Biden's term.
  More than 3.3 million have been deliberately released into the United 
States. Another more than 1.7 million known got-aways successfully 
evaded Border Patrol agents to enter the country.
  Thanks to the Biden administration's open-border policies, the 
immigration court backlog has ballooned to over 2.5 million cases. In 
addition, arrests of criminal aliens have dropped exponentially.
  What does all of this mean? Illegal aliens do not face swift 
immigration consequences.
  Open-border policies present grave national security risks for our 
country and the world.
  The FBI Director warned the Judiciary Committee that the open border 
constitutes a massive security threat.
  Post-October 7, Germany, Belgium, and France have already seen lone-
wolf terrorist attacks inspired by the Hamas attack on Israel.
  Foreign nationals exploit U.S. immigration laws and policy to do us 
harm.
  We learned that lesson on September 11, 2001.
  Since October 7, here in the United States, at least one foreign 
national has already been arrested for plotting an attack against 
Houston's Jewish community--a Jordanian national who had overstayed his 
visa several years ago, but then applied for asylum and was issued a 
work authorization by the Biden administration.
  Just this week, we learned that last March, the Biden administration 
released an Al-Shabaab terrorist into the United States.
  It is not farfetched to think that October 7 terrorists would try to 
come here. It is imperative that Congress ensures that such bad actors 
will find no refuge in the United States.
  H.R. 6679 does just that.
  Mr. Speaker, I urge my colleagues to support the bill, and I reserve 
the balance of my time.
  Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, on October 7, 2023, Hamas committed a horrific assault 
on innocent civilians in Israel, murdering 1,200 people, including 32 
Americans, killing the most Jewish people in a single day since the 
Holocaust.
  Even now, Hamas continues to hold innocent men, women, and children 
in captivity. Not a day goes by that I don't think of the hostages:
  Of Kfir Bibas, who turned 1 in captivity, and his family, whose lives 
Hamas has used as a tool of psychological torture;
  Of U.S. citizens, like Hersh Goldberg-Polin, whose arm was blown off 
at the Nova music festival, and Keith Siegel, whose wife was released 
while he remains in Gaza;
  Of peace activists, like Oded Lifshitz, who spent so much his life 
helping Palestinians get access to lifesaving healthcare;
  Of the young women, like Noa Argamani and Agam Berger, who Hamas has 
used to torment and taunt their parents.
  Every day since October 7 has been a nightmare from which we have 
been unable to wake up. It has been far too much suffering, too many 
lives have been lost, on both sides of the conflict.
  H.R. 6679 has an important goal, ensuring that no one involved with 
the planning or commission of the October

[[Page H339]]

7 attacks can enter the United States or receive any immigration 
benefits.
  Our current laws already achieve this goal, however. Hamas has been 
designated as a terrorist organization by the State Department since 
1997.
  Under the Immigration and Nationality Act, or the INA, any noncitizen 
who has engaged in terrorist activity, provided material support to 
terrorists, or is a member of a terrorist organization, or a group that 
endorses or espouses terrorist activity is inadmissible to the United 
States.
  Furthermore, the national security-related bars in the INA are very 
broad. To bar an individual, the Secretary of Homeland Security merely 
needs ``reasonable grounds to believe'' that the applicant presents a 
risk to national security or is otherwise seeking to engage in ``any 
unlawful activity'' in the United States.
  This authority already applies to those who engage in or endorse 
terrorist activity, as well as those who provide material support to 
groups that take up arms against government forces. This is an 
extraordinarily broad provision that has barred even those who are 
forced to help armed groups.

  As such, this bill is largely redundant to current law. I certainly 
support the aim of this legislation. No individual who is involved in 
these heinous attacks should find refuge in the United States.
  That is why I intend to support the bill, and I urge my colleagues to 
do the same. But I do have some concerns about the drafting of this 
bill.
  For decades, when Congress wishes to prevent specific bad actors from 
entering the United States or accessing an immigration benefit, we have 
used bipartisan visa sanctions legislation. That approach would have 
the same effect the majority is attempting to achieve with this bill.
  Today, however, the majority has chosen to directly amend the INA to 
impose visa sanctions. This is beyond bizarre.
  Even after the September 11 attacks, we overhauled whole swaths of 
our immigration system, including creating the Department of Homeland 
Security, but we did not amend the INA to bar the people involved in 
the planning and commission of those attacks from entering into the 
United States. We used visa sanctions.
  During markup, I asked the majority to work with us to improve the 
legislation and ensure there were no unintended consequences.
  Unfortunately, they ignored our request. By not working with us, I 
worry that the majority signals an unseriousness about this issue that 
ensures that this bill will not become law.
  Despite these concerns, I will vote ``yes'' on the legislation, and I 
urge everyone else to do so.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BENTZ. Mr. Speaker, I have no further speakers. I am prepared to 
close, and I reserve the balance of my time.
  Mr. NADLER. Mr. Speaker, I yield myself the balance of my time to 
close.
  Mr. Speaker, as I said, no member of Hamas or anyone associated with 
the horrific attacks of October 7 should be allowed to enter this 
country. Although that is already the law, I support the goal of making 
sure this is crystal clear.
  Though I have concerns about how this legislation was drafted and 
whether it would achieve its stated goal, I will support this bill with 
the hope that we can further improve it as it moves through the 
legislative process. I plan to vote ``yes,'' and I urge everyone else 
to vote ``yes.''
  Mr. Speaker, I yield back the balance of my time.
  Mr. BENTZ. Mr. Speaker, many of my Democrat colleagues joined with us 
during the Judiciary Committee markup to report H.R. 6679 favorably.
  I hope many more Democrats join with Republicans today to send a 
message that if you engage in terrorist attacks against our Israeli 
friends, you are not welcome here.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate on the bill has expired.


                  amendment no. 1 offered by Mr. Rose

  The SPEAKER pro tempore. It is now in order to consider amendment No. 
1 printed in part C of House Report 118-362.
  Mr. ROSE. Mr. Speaker, I have an amendment at the desk.
  The SPEAKER pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Add at the end the following:
       (d) Report Required on Participants in Hamas Terrorism 
     Against Israel.--Beginning not later than one year after the 
     date of the enactment of this Act, and each year thereafter, 
     the Secretary of Homeland Security shall submit a report to 
     Congress, including the number of aliens who were--
       (1) found to be inadmissible under section 212(a)(3)(H) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(H)); 
     and
       (2) described in section 212(a)(3)(H) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(3)(H)) and found to be 
     removable pursuant to section 237(a)(4)(B) of the Immigration 
     and Nationality Act (8 U.S.C. 1227(a)(4)(B)).

  The SPEAKER pro tempore. Pursuant to House Resolution 980, the 
gentleman from Tennessee (Mr. Rose) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from Tennessee.
  Mr. ROSE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of my amendment to H.R. 6679, the No 
Immigration Benefits for Hamas Terrorists Act. My amendment simply 
requires an annual report to Congress from the Secretary of Homeland 
Security on the number of individuals found to be inadmissible or 
deportable as a result of the underlying bill.
  Mr. Speaker, the October 7 Hamas terrorist attacks on the State of 
Israel were a barbaric atrocity that claimed the lives of over 1,000 
people. Hundreds of individuals were further taken hostage, and many 
were severely injured.
  In addition to condemning this act of brutality and supporting our 
ally Israel as it fights to eliminate Hamas, it is imperative that the 
United States imposes the absolute strictest possible immigration 
barriers to those who participated or otherwise facilitated the October 
7, 2023, terrorist attacks on Israel.
  Mr. Speaker, I take this opportunity to thank my colleague, Mr. 
McClintock of California, for introducing this vitally important piece 
of legislation.
  Mr. Speaker, my amendment is a commonsense pro-transparency measure, 
designed to help inform Congress on the number of individuals who are 
declared inadmissible or deportable as a result of this legislation.
  Mr. Speaker, I urge my colleagues to support my amendment, and I 
reserve the balance of my time.
  Mr. NADLER. Mr. Speaker, I claim the time in opposition, although I 
do not oppose the amendment.
  The SPEAKER pro tempore. Without objection, the gentleman from New 
York is recognized for 5 minutes.
  There was no objection.
  Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I support the gentleman's amendment, and I think it 
helps improve the underlying bill.
  I wish the majority had worked with us on this legislation to make it 
a visa sanctions bill. If they had, this amendment would not be needed 
because we would already have the data this amendment requires to be 
reported.
  However, given our concerns related to the drafting of this 
legislation and the potential for unintended consequences, I welcome 
this amendment so that Congress can unequivocally confirm that the 
number of people impacted by this bill is minimum.
  The Congressional Budget Office has already said this bill has no 
budgetary impact because it essentially restates current law. This 
amendment will help confirm the accuracy of that analysis.
  Mr. Speaker, I therefore support it, and I reserve the balance of my 
time.
  Mr. ROSE. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, it is important that Congress receive continuous 
feedback on how effective the laws that we pass have become.
  By requiring an annual report to Congress on the number of 
individuals found to be inadmissible or deportable as a result of this 
legislation, we will ensure that this body is continuously well 
informed on how effective this bill is at keeping terrorists out of the 
country.
  Mr. Speaker, in closing, I urge my colleagues to vote ``yes'' on my 
amendment and ``yes'' on the underlying bill, and I yield back the 
balance of my time.

[[Page H340]]

  

  Mr. NADLER. Mr. Speaker, for the reasons I stated a few minutes ago, 
I support this amendment. I urge everyone to vote for it, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. Pursuant to the rule, the previous question 
is ordered on the bill and on the amendment offered by the gentleman 
from Tennessee (Mr. Rose).
  The question is on the amendment offered by the gentleman from 
Tennessee (Mr. Rose).
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.


 =========================== NOTE =========================== 

  
  On January 31, 2024, page H340, in the first column, the 
following appeared: The question is on the amendment. The question 
was taken; and the Speaker pro tempore announced that the ayes 
appeared to have it. The SPEAKER pro tempore. The
  
  The online version has been corrected to read: The question is 
on the amendment offered by the gentleman from Tennessee (Mr. 
Rose). The amendment was agreed to. The SPEAKER pro tempore. The


 ========================= END NOTE ========================= 


  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. NADLER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

                          ____________________