Bill would require student visa holders who ‘espouse terrorist activity’ to be expelled

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By Stephen Gruber-Miller & Stephen Gruber-Miller, Des Moines Register

Des Moines, IA-Student or work visa holders who attend school or work at a college or university in Iowa could be expelled or fired if they express support for a terrorist organization, under a bill advancing in the Iowa House.

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Their expulsion or termination would likely lead to a violation of the terms of their visa, requiring them to leave the country.

Rep. John Wills, R-Spirit Lake, said the bill, House File 115, came about in response to protests against Israel after the Oct. 7, 2023 attack on Israel by Hamas, and Israel’s military response in Gaza.

“I’d say that that’s the main purpose of this bill is if you’re not a citizen of the United States, you’re here at the grace of the United States, but yet supporting against the interests of the United States, then why should you be here?” he said. “Why should you stay?”

Rep. Ross Wilburn, D-Iowa City, declined to support the bill, calling it “not ready for prime time.”

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“If someone is inciting a riot, if someone is inciting threats to our country or citizens or any visitors that we have in our country, they contact law enforcement,” he said. “They can contact the FBI currently.”

A three-member House subcommittee voted 2-1 on Tuesday to advance the bill to the full Higher Education Committee for consideration. Wills and Rep. Jeff Shipley, R-Birmingham, were in support and Wilburn was opposed.

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What does the bill do?

The bill, which lawmakers named the “Combatting Terrorist Sympathizers Act,” would apply to “nonimmigrant visas,” which include, among others, F-1 and M-1 student visas and the J-1 visa, which allows the holder to work in various jobs in the United States, including as a teacher.

The legislation directs Iowa’s public and private colleges and universities to adopt a policies that prohibit students, faculty and staff who hold a visa “from publicly espousing terrorist activity related to an ongoing conflict or, at any time or place, persuading others to endorse or espouse terrorist activity related to an ongoing conflict or to support a terrorist organization unless it is the policy or practice of the United States to support such activity or organization.”

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The bill uses the definitions of “terrorist activity” and “terrorist organization” found in federal law.

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  • A first offense would result in a minimum one-year suspension for a student or termination of a faculty or staff member’s employment for at least a year.
  • A second offense would require the student or employee to be expelled or fired permanently.
  • The bill would also prevent a student or faculty or staff member to transfer to or get a job at a school if they have already been suspended by another school under the bill.

The Iowa attorney general’s office would have the power to enforce the law, including by issuing subpoenas and bringing an action in court to compel the college or university to follow the law.

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A college or university that violates the law would be ineligible to receive funds issued by the Iowa Tuition Grant.

The bill would take effect Dec. 31.

People inside the Neal Smith Federal Building look down as people protest the Israel-Hamas war on Thursday, May 9, 2024, in Des Moines.
Lily Smith/The Register

What are people saying about the bill?

Wilburn said he has concerns about the bill, including the definition of “espousing” terrorism.

“If I happen to be listening to someone speak and I’m nodding my head and someone has a concern, you know, am I now a terrorist?” he said.

Shipley said he has questions about the bill, but is comfortable moving it forward for further discussion.

“I think when you have people who are advocating violence or sympathizing with violence, I think that is deplorable and puts a lot of stress on our free society,” he said. “Especially if you include political figures, CEOs and anything else that we’ve been seeing.”

Only one member of the public spoke at Tuesday’s subcommittee, which was held at 7:30 a.m.

Jillian Carlson, a lobbyist for the Iowa Board of Regents, said they’re undecided on the bill but suggested to lawmakers that they remove the “any time and place” language from the bill to more narrowly tailor it.

“We would suggest narrowing that down to things that occur on campus, or using campus resources,” she said. “Saying ‘any time or place’ is very broad and all-encompassing. And in order to enforce this bill, narrowing the focus would significantly help us.”

Wills said he would be interested in taking a look at the proposed amendment, but did not commit to adopting it.

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