The Committee on the Judiciary has jurisdiction over the Biden-Harris Administration’s enforcement of federal immigration law. This jurisdiction includes the adjudication, issuance, and revocation of nonimmigrant visas, such as student visas.Certain conduct during the antisemitic protests may render aliens removable from the United States. Under the Immigration and Nationality Act (“INA”), an alien is inadmissible to and removable from the United States if the alien “endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization.” Despite the clear statutory language, in October 2023, only three weeks after Hamas’s attacks on Israel, U.S. Department of Homeland Security (“DHS”) Secretary Alejandro Mayorkas declined to state whether foreign students should “have their visas revoked” if they “advocate for the elimination of Israel and attacks on Jewish individuals.” Instead, Secretary Mayorkas claimed that “it is a matter of law and it requires a legal interpretation,” noting that DHS was “assessing [the] legal assertion” that those aliens could have their visas revoked.
The Committee request that the Department of Homeland Security list all of the people who violated the law and are being deported because of their association with terror groups. After some stonewalling, the DHS answered the question: Zero.
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