Iowa bill targets international students who participate in pro-Palestine protests

DES MOINES — International student visa holders and faculty members studying and working at Iowa colleges and universities who publicly endorse or espouse the actions of foreign terrorist organizations, such as Hamas, would be removed from college campuses under a bill advanced by Iowa House Republicans.

The legislation comes on the heels of an executive order signed last month by President Donald Trump promising “forceful and unprecedented steps to marshal all Federal resources to combat the explosion of antisemitism on our campuses and in our streets” since Hamas’ attack on Israel on Oct. 7, 2023.

Pro-Palestine protests swept U.S. college campuses last year. In some cases, protesters occupied buildings and spaces on campuses. Trump’s order demands the investigation of any student visa holder who participated in “pro-Hamas vandalism and intimidation,” with the possibility of their visa being revoked, according to a fact sheet attached to the order.

Iowa Attorney General Brenna Bird announced the formation of a task force last year to educate Iowa officials in higher education, law enforcement and lawyers about antisemitism. During a news conference announcing the task force, Christina Gish Hill, an Iowa State University professor, said during a recent protest on the campus protesters called for intifada, a reference to Palestinian uprisings in the West Bank and Gaza strip aimed at ending Israel’s occupation of those territories.

“These slogans crossed the line from advocacy for and solidarity with Palestinians into incitement to violence against Jews and Israelis,” Gish Hill said. “... Iowa’s educational communities must not fail in the responsibility to speak out when free speech turns to hate and incitement.”

The Council on American-Islamic Relations, the nation’s largest Muslim civil rights and advocacy organization, called Trump’s order a “dishonest, overbroad and unenforceable attack on both free speech and the humanity of Palestinians.”

More than 46,000 Palestinians have been killed and 109,378 wounded in the Israel-Hamas war, according to Gaza’s Health Ministry.

What the bill would do

House File 115 would require Iowa colleges and universities to establish policies prohibiting students, faculty and staff on nonimmigrant visas from “publicly espousing terrorist activity related to an ongoing conflict or … persuading others to endorse or espouse terrorist activity related to an ongoing conflict or to support a terrorist organization unless it is the policy or practice of the United States to support such activity or organization.”

Colleges and universities would be required to investigate “credible allegations” of students, faculty or staff who violate the policy, which could lead to their suspension, termination or expulsion.

Institutions would be required to update student records in the U.S. Department of Homeland Security's student exchange visitor information system after suspending, expelling or terminating a student or employee. The bill would also prohibit a student, faculty member or staff member from transferring to, enrolling at or becoming employed at another Iowa college or university.

The bill would empower the Iowa Attorney General’s Office to investigate colleges and universities that fail to enforce the policy, and could seek a court order compelling them to comply. Accredited private colleges and universities in Iowa who violate the legislation, if passed, would be ineligible for state tuition grants for the academic year.

The two Republicans on a three-member legislative panel — Reps. Jeff Shipley and John Wills — moved to advance the legislation Tuesday, despite concerns the bill could lead to censorship of protected speech. The bill is now eligible for consideration by the full Iowa House Higher Education Committee.

Definition of terrorism?

Jillian Carlson, a lobbyist for the Iowa Board of Regents that governs the state’s public universities, urged lawmakers to narrow the bill's scope to on-campus activities or use of campus resources. As written, the bill would apply to nonimmigrant student and faculty visa holders who “at any time or place” persuade others to endorse or espouse the actions of foreign terrorist organizations.

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Shipley, a Republican from Birmingham, questioned the impetus of the bill, its definition of terrorism and whether, for example, it would apply to those who publicly condoned the murder in December of UnitedHealthcare Chief Executive Officer Brian Thompson.

The man accused of killing Thompson has been charged with murder as an act of terrorism. Authorities believe the 26-year-old carried out a targeted killing, pointing to evidence he was angry with “parasitic” health insurance companies. Some on social media praised the killing, sharing their own simmering anger at the health care industry.

“I have a lot of questions on just how this would actually apply in real life, and what we're actually seeing on campus,” Shipley said, but was “comfortable moving the idea forward.”

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Wills, a Republican from Spirit Lake, said the intent is to target non-immigration visa holders who espouse or support the activities of entities designated as terrorist organizations by the federal government. Hamas is designated by the U.S. Department of State as a “foreign terrorist organization.”

“You're here at the grace of the United States, but yet supporting against the interest of the United States, then why should you be here? Why should you stay?” Wills told reporters following the subcommittee hearing.

The federal Immigration and Nationality Act provides that “[a]ny alien who … endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization” is “ineligible to receive visas and ineligible to be admitted to the United States.” Additionally, anyone who “knowingly provides material support or resources to a foreign terrorist organization, or attempts or conspires to do so” commits a federal crime.

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Rep. Ross Wilburn, a Democrat from Ames, raised concerns about the bill's potential to censor protected speech and the exclusion of domestic terrorist groups.

“You know, why not include the Ku Klux Klan and why not include other groups of domestic terrorism?” Wilburn asked, adding that the bill “is not ready for prime time.”

“If someone is inciting a riot, if someone is inciting threats to our country or citizens or any visitors that we have in our country, they can contact law enforcement. They can contact the FBI currently,” he said.

Shipley said he sympathized with Wilburn’s concerns, but emphasized the need to address the problem of ideological extremism and the importance of coalescing around the idea that violence is not an acceptable solution to political or social issues.

“I think when you have people who are advocating violence or sympathizing with violence, I think that is deplorable and puts a lot of stress on our free society,” he said.

Wilburn later asked Shipley: “If Republican loyalty would compel you to support the exclusion of the Jan. 6 (2021) attack on the U.S. Capitol, would that include ignoring that type of behavior here?”

Shipley responded: “I appreciate, you know, trying to bait me into that, but I don't know if that's the same as say, you know, what happened with Hamas and Israel and that sort of thing.”

The Associated Press and Erin Murphy of The Gazette Des Moines Bureau contributed.

Comments: (319) 398-8499; tom.barton@thegazette.com