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By Andrew Stanton
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A new Republican bill would make it easier for the federal government to revoke or refuse to issue passports to American citizens.
A House Foreign Affairs Committee spokesperson responded to concerns about the bill in a statement to Newsweek.
"This provision is just one small part of a larger comprehensive, State Department Authorization Act that the House Foreign Affairs Committee introduced last week. And while preventing someone convicted of aiding and abetting human traffickers and foreign terrorist organizations from fleeing the country shouldn't be controversial, the committee will not allow this distraction to overshadow the bipartisan effort restore command and control of the State Department to the Secretary. As such, the committee will consider an amendment to remove it from the bill during markup of HR 5300," the statement reads.
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Why It Matters
The federal government's approach to those who have participated in pro-Palestinian protests has become a major free speech. Cases such as those of Rümeysa Öztürk, a Tufts University student who was arrested after penning an opinion piece critical of Israel, have underscored those concerns. Critics have warned that the new House GOP bill's vague language could leave open the possibility of similar cases for American citizens who are seeking to obtain or already have a passport.
What to Know
Representative Brian Mast, the Florida Republican who chairs the committee, introduced a sweeping authorization bill that would that includes myriad measures pertaining to the State Department, including one piece that would give Secretary of State Marco Rubio greater authority to revoke American passports for those who have supported foreign terrorist organizations.
The bill would allow the Secretary of State to decline to issue a passport to or revoke a passport from anyone who has "knowingly aided, assisted, abetted, or otherwise provided material support to an organization the Secretary has designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act," according to the text of the bill.
It has a few exceptions for those citizens who are out of the U.S. and seeking to return, as well as a humanitarian and emergency waiver. Anyone whose passports were to be revoked would be able to "request a hearing to appeal such denial or revocation not later than 60 days after receiving notice of such denial or revocation."
The measure specifically says it would allow the secretary to revoke passports for "terrorists" or "traffickers," but has stirred criticism and concerns related to the First Amendment.
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Carolyn Iodice, legislative and policy director at the Foundation for Individual Rights and Expression (FIRE), told Newsweek that in criminal court, the definition "material support for terrorism" would require a direct connection between the speaker and a terrorist organization. But the concern is that under the bill, the Secretary of State would not have the same evidentiary standards.
"The concern is that a lot of that speech is going to be protected by the First Amendment if you have no direct connection to those terrorist organizations," Iodice said.
She noted that the only recourse in the bill is an appeal to the State Department itself.
"One thing to make clear is that our concern is not just about the present moment that it could be abused, but if this becomes permanent law then forever any secretary of state who wants to suppress speech could exploit this to punish viewpoints he or she doesn't like," she said.
Some conservatives have pushed for green card holders like Öztürk or Mahmoud Khalil, who participated in pro-Palestinian protests at Columbia University, to face deportation, sparking criticism from free speech advocates who view those calls as impeding on their First Amendment rights.
What People Are Saying
Seth Stern, director of advocacy at the Freedom of the Press Foundation, told The Intercept: "Marco Rubio has claimed the power to designate people terrorist supporters based solely on what they think and say, even if what they say doesn't include a word about a terrorist organization or terrorism."
Mast wrote in a statement earlier this week: "As Chairman, I made a promise to restore command and control-and this legislation delivers. It ensures every dollar and every diplomat puts America First and is accountable to the president's foreign policy. It also prevents ideologues masquerading as diplomats from using their posts to push left-wing agendas instead of America's interests. This bill is not just a reform for today, or for President Trump; it is a lasting framework that will strengthen the State Department and benefit every commander-in-chief who follows."
Personal Injury Lawyer Ali Awad wrote to X: "First they came for the immigrants. Then they came for the visa holders. Then they came for the lawful residents. And now they're coming for the UNITED STATES citizens."
What Happens Next
Whether the bill has enough support to pass the closely divided House of Representatives remains to be seen. Debate will occur on the bill on Wednesday, giving a chance for members critical of the provision to remove it from the bill.
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