S.1159 - The GAZA Act & H.R.3724 - The No Amnesty for Hamas Sympathizers Act

S.1159 was introduced on March 26, 2025 by Senator Daines (R-MT). It is currently pending before the Judiciary Committee, and has no co-sponsors.

H.R.3724 was introduced on June 4, 2025 by Representative Mace (R-SC-1). It is currently pending before the House Judiciary committee, and has 2 co-sponsors on a partyline basis.

Related legislation: None

Bill Summary: S.1159 would prohibit the legal entry into America via any mechanism of anyone who is not a citizen or legal permanent resident of the United States and is a holder of a passport issued by the Palestinian Authority.

H.R. 3724 would go even further, seeking not only to prohibit any form of entry into the U.S. for Palestinians who habitually resided in the Palestinian-administered territories (including Gaza and the West Bank) or who hold Palestinian Authority-issued travel documents, but also making all such persons, including Green Card Holders, deportable.

Context: S.1159 and H.R.3724 overcome the case-by-case review inherent in our immigrant and non-immigrant visa processes to rule an entire class of people ineligible (and in the case of H.R. 3724, deportable) based solely on their national origin. It is hard to envisage any reason for such a generalized approach other than outright racism. These bills recall, in their tone and approach the infamous Chinese Exclusion Act of 1882 , which ordered that, “the coming of Chinese laborers to the United States be, and the same is hereby, suspended; and during such suspension it shall not be lawful for any Chinese laborer to come, or having so come after the expiration of said ninety days to remain within the United States.”

Palestinians, like any immigrant community, contribute to the American economy, particularly the healthcare, education, and technology sectors, and to the society-at-large. Many Palestinian passport holders have family in the United States, while others visit for business purposes, studies, or tourism.

There is no apparent reason why all Palestinians should be barred from entry to the United States. Even North Korean and Iranian passport holders are permitted to enter the United States upon obtaining a visa. The State Department has far greater capability to vet Palestinian passport holders in-situ than it does in either North Korea or Iran, and unlike both of these countries (and others, including Russia and the People’s Republic of China) the Palestinian Authority does not pose an intelligence or security threat to the United States.

Given the focus in S.1159 it is worth noting in particular that the Palestinian Authority issues passports to Palestinian residents of the Palestinian territories and to Palestinians born outside of the territory to a Palestinian citizen. In practice, and despite the Bill’s title, the vast majority of Palestinian passport holders are born in, and residents of, the West Bank. The U.S. does not recognize Palestinian passports as conferring citizenship, but does accept them for the purpose of travel into the United States, assuming all relevant visa requirements are met. Palestinian passports are currently issued as e-passports, containing a chip with biometric information, meeting global security standards, and the Palestinian Authority actively cooperates with Israel and the United States on security and intelligence matters.

The decision to grant a visa to a foreign person is made by the U.S. State Department under the President’s constitutional authority to conduct foreign policy; the decision to grant admission at the point of entry is made by U.S. Customs and Border Protection (CBP) agents. These Bills have not been referred to either the Foreign Relations/Affairs Committees or the Homeland Security Committees.

American Values Analysis: These bills are prima facie discrimination against a group on the basis of its national origin alone, and is therefore incongruent with basic American values that endorse individual rights, nondiscrimination, and harkens back to the shameful legacy of the Chinese Exclusion Act.

American Interest Analysis: These bills would usurp the President’s constitutional authority over both the conduct of foreign relations as well as border security, while further damaging America’s reputation as a country that protects human rights and counters discrimination. It would also set a concerning precedent for the banning of entry of other classes of foreign passport holders. Furthermore, at a time when America is pressing other countries to accept Palestinian refugees, these Bills would undercut that effort by demonstrating an unwillingness on the part of the U.S. to accept any Palestinians for any reason.

A New Policy’s Recommendation: OPPOSE

A New Policy opposes S.1159 and H.R.3724 because they are blatantly discriminatory, intrude on the Executive Branch’s Constitutional authority to conduct foreign policy, and are not in America’s foreign policy interest.

For more information please contact: Josh Paul, +1(202) 770-0055, info@anewpolicy.org