H.R.2866 - No Visas for Anti-Semitic Students Act
H.R. 2866 was introduced on 4/10/25 by Nicole Malliotakis. It is currently pending before the House Judiciary Committee, and has 0 co-sponsors.
Related legislation: N/A
Bill Summary: H.R. 2866 allows the Secretary of State to revoke or deny a student visa for participating in “prohibited antisemitic conduct” that poses potentially serious adverse foreign policy consequences for the United States through such conduct. “Prohibited antisemitic conduct” is defined as physical acts of violence or vandalism against the Jewish community as well as providing material support to (funding, organizing, or inciting) prohibited antisemitic activity. This Bill utilizes the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism which conflates criticism of the state of Israel or its government with antisemitism.
Context: This Bill is an effort to shore up Section 8 U.S.C. 1227(a)(4)(C), which is the section of law that is being used to attempt to deport Columbia student Mahmoud Khalil. This language would expand already broad executive discretion to revoke/deny non-citizen, nonimmigrant student visas based on a definition of antisemitism that incorporates criticism of Israel. posing a deeply concerning precedent that might apply across U.S. law to quash free speech. This bill along with other proposed legislation attempting to define antisemitism under the IHRA definition, ignores the warning of the very people who authored it in trying to include it in legislation. In his September 17th, 2024 testimony to the Senate Judiciary committee, Ken Stern, the lead drafter for the IHRA definition of antisemitism stated, “legally endorsing a binary – whether as the UN did when it adopted the Zionism=racism resolution in 1975, or the current attempt to use IHRA to legislate its mirror image (that anti-Zionism is antisemitism) – harms democracy and Jews and others, and is inappropriate for legislation.“
DHS announced in April that it was monitoring foreign students’ social media for anti-semietic activity, and based on the Administration’s current application of IHRA, would likely include protected political speech that is critical of the Israeli government. Increasing crackdowns against international students have led to a nationwide climate of fear as students, many who have done nothing wrong, have had their student visas revoked without notification, under the pretext that it is due to foreign policy implications, without considering Constitutional implications. More than 1,000 international students or recent graduates at colleges across the US have had their visas revoked or legal statuses changed.
Civil liberties groups have raised concerns about detentions and revocations of visa statuses in attempts to deport student demonstrators as a violation of constitutional rights. Additionally, the students themselves have rejected associations with Hamas, saying that they are being targeted for political speech about the war in Gaza and US support for Israel.
American Values Analysis: H.R. 2866 runs counter to core American values by expanding executive power to target non-citizen students for their political beliefs and speech, violating their freedom of expression as well as our democracy’s fundamental principles of due process, stripping away legal statuses for anyone who expresses a political position that is critical of the Israeli government. Specifically targeting visas of international students weakens not only our educational system by deterring the best and brightest from coming to America to study and learn, but it also undermines our Constitutional rights that apply to all individuals.
American Interest Analysis: H.R. 2866 harms American interests by undermining the nation’s longstanding commitment to free expression and international academic cooperation and exchange, a key component of America’s global leadership in education and innovation. By targeting international students, this Bill will damage international diplomatic relationships as well as the diversity of thought that is fostered across American higher education, while simultaneously stifling academic inquiry by allowing politics to police what issues are taught and discussed. Further, weaponizing immigration policy will further erode American credibility on tolerance, free speech, and human rights on a global stage.
A New Policy’s Recommendation: OPPOSE
A New Policy opposes H.R.2866 because it would undermine constitutional rights by expanding executive power to punish certain forms of politically protected speech and expression, would be deeply damaging to the diplomatic relations of the United States by denying and stripping away visa statuses of international students, and would ultimately harm our global credibility.
For more information please contact: Tariq Habash, info@anewpolicy.org, (202) 770-0055
