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Since Hamas’s horrific October 7, 2023 terrorist attack against Israel, U.S. cities and campuses are seeing a disturbing rise in antisemitic, pro-terrorist violence. There remains concern that participants in these acts are here on visas and are not being held accountable. By law, the United States has the obligation to enforce our immigration laws by removing supporters of terrorist groups from the country and denying other supporters entry. However, the Biden-Harris Administration has not exercised this responsibility.

U.S. Senator Marco Rubio (R-FL) and U.S. Representative Rich McCormick (R-GA) sent a letter to U.S. Department of Homeland Security Secretary Alejandro Mayorkas and U.S. Department of State Secretary Antony Blinken questioning their ability to crack down on aliens linked to terrorist organizations. 

• “It is clear under the law that anyone in the country who is a non-citizen should have their visa revoked or be denied entry into the United States if they support Hamas or other terrorist organizations. Failure to enforce these provisions of our laws not only undermines the legitimacy and integrity of the executive and legislative branch as well as that of our Constitution, but also dishonors those who fled to this country from the same hate that is now spreading across this country.”

Joining Rubio and McCormick were U.S. Senators Ted Cruz (R-TX), Rick Scott (R-FL), Mike Braun (R-IN), Josh Hawley (R-MO), Pete Rickett (R-NE), and U.S. Representatives Keith Self (R-TX), James Moylan (R-GU), Nancy Mace (R-SC), Ralph Norman (R-SC), Randy Weber (R-TX), Brian Mast (R-FL), Joe Wilson (R-SC), Michael Waltz (R-FL), Jerry Carl (R-AL), Bill Posey (R-FL), Josh Brecheen (R-OK), Clay Higgins (R- LA), Anthony D’Esposito (R-NY), and Brad Wenstrup (R-OH).

The full text of the letter is below. 

Dear Secretary Mayorkas and Secretary Blinken:

Since Hamas’ brutal attack on the people of Israel on October 7, 2023, there has been a sharp rise in antisemitism and support for terrorism across this country. The Anti-Defamation League reported a 388 percent increase in antisemitic incidents from October 7-23, 2023 when compared to same period in 2022. On college campuses, and in cities across the country, we are seeing Jewish Americans harassed and targeted simply for their beliefs – with many of these acts funded by tax-exempt organizations.

Even in Washington, D.C. we are seeing blatant examples of violent antisemitism. On July 24, 2024, as Israeli Prime Minister Benjamin Netanyahu addressed Congress, our country witnessed hordes of antisemitic and terrorist-supporting protestors descend on Union Station. This protest could hardly be described as “peaceful” as some of the participants took down the American flag and burned it before raising a Palestinian flag while vandalizing monuments with phrases such as “Hamas is coming.”

These protestors represent the worst of America, and there is no place for such hate in our country. While nonetheless abhorrent actions, Americans citizens have their First Amendment rights, which protects their ability to peacefully gather and to express their views – even if their expressions run against what we stand for as a country. Nevertheless, these same protections should not extend to those that are currently in the United States as guests, or those seeking to reside in the United States. The United States has a right to determine who to admit into our nation and has established standards regarding the inadmissibility of aliens.

The Immigration and Nationality Act of 1952 (INA) and subsequent legislation established standards for denying entry to those seeking admittance into the country. Specifically, Section 212 of the INA states that any alien who “endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization” is considered inadmissible to the United States. Hamas was designated as a Foreign Terrorist Organization in October 1997 pursuant to Section 219 of the INA. With younger generations in the United States showing higher support for Hamas, any alien found to be in favor of Hamas or its views should be ruled inadmissible and, if already in the country, removed.

Ultimately, the United States has stood as a refuge for those seeking a new life free from persecution. It is clear under the law that anyone in the country who is a non-citizen should have their visa revoked or be denied entry into the United States if they support Hamas or other terrorist organizations. Failure to enforce these provisions of our laws not only undermines the legitimacy and integrity of the executive and legislative branches as well as that of our Constitution, but also dishonors those who fled to this country from the same hate that is now spreading across this country. As such, we request answers to the following questions:

1. Are the U.S. Department of Homeland Security (DHS) and the Department of State actively working with universities and/or other entities to identify those on a visa who have supported or espoused Hamas and their terrorist activity?
   • If aliens are found to be in violation, will these aliens have their visas revoked and be subsequently removed from the country?
2. From October 7, 2023 to August 1, 2024, how many visas were revoked pursuant to a ground of inadmissibility described in Section 212(a)(3)(B)(i) of the INA from aliens currently in the United States?
3. Is DHS working to revoke the visas of non-citizen protestors who participated in the burning of the American flag in support of Hamas and those who spray-painted pro-Hamas slogans on the Christopher Columbus Memorial Fountain at Union Station in Washington, D.C., on July 24, 2024?
4. Since 2021, how many aliens have been ruled inadmissible, pursuant to Section 212(a)(3)(B)(i) of the INA, at or between ports of entry?
   • Of these, how many of these individuals were removed from the country and how many remain?
5. What actions do DHS and the State Department currently take to ensure that terrorists and their supporters are not granted a visa and allowed to enter the country?
   • If none, why?

Thank you for your attention to these concerns. We request a response to our questions no later than October 11, 2024.

Sincerely,