OPINION:
The First Amendment guarantees every American the right to free speech, but no one has the right to destroy private property, trespass illegally, or attack innocent people. This is why college administrators are justified in disbanding anti-Israel protests-turned-riots by force. We can and should, however, go one step further: we should deport the non-Americans who have participated in these riots.
Existing law already prohibits any foreigner who “endorses or espouses terrorist activity” from entering the country. This is just common sense. Why would any sane government allow terrorist sympathizers into the country it’s elected to protect? After all, there is no universal right to come to America, and that privilege should certainly not be extended to those who desire the overthrow of our entire system.
Nor do visitors have the right to stay in America if they violate the terms of their visas. Far from it, the U.S. government can and should remove such visitors. The law is clear on this point, as the U.S. Department of State confirmed last year. Unfortunately, the Biden administration won’t act. Whether that is out of fear of litigation, political backlash, or both, it doesn’t matter: The government has an obligation to protect us.
As lawmakers, we cannot force the president’s hand on this, but we can remove any legal ambiguity surrounding the question of deportation. Our bicameral Terrorist Inadmissibility Codification Act would do just that, explicitly revoking the visas of foreign visitors who support Hamas, Hezbollah, ISIS, Al-Qaeda, Palestine Islamic Jihad, or any related group.
This measure deserves bipartisan approval. No one, Republican or Democrat, should want to privilege people who celebrate indiscriminate violence against the United States and its allies. Yet progressive Democrats in Congress have blocked the legislation’s passage. They claim they’re protecting the Constitution, but since there’s no Constitutional right to a visa, it’s fair to say they’re really afraid of angering their fanatical base.
Today, a majority of Democrats oppose Israel’s actions in Gaza. A smaller but incredibly active portion of the party supports Hamas and its backers in Tehran, in spite of or even because of their unprovoked slaughter, rape, and kidnapping of hundreds of innocent civilians, including more than 40 Americans, on Oct. 7, 2023. These fanatics are instructing activists and students to chant “Death to America” and “Burn Tel Aviv to the Ground.” They’re also pressuring U.S. policymakers to be derelict in their duty.
We can’t allow these radicals to get their way. This is why passing the Terrorist Inadmissibility Codification Act is so important. The more we cave to the pro-Hamas movement’s implicit or explicit threats, the more its power and influence will expand. In contrast, empowering the U.S. government to deport foreign pro-Hamas and anti-American protesters would send a clear message that far-left bullies remain subject to the law.
Passing our bill is also a matter of national security. According to Federal Bureau of Investigation Director Christopher Wray, the war in Gaza has brought the danger of terrorism in the United States to a “whole other level.” At such a moment, we must remember that our number-one responsibility is to protect American lives from harm. We have no responsibility whatsoever to let terrorist supporters live inside our borders.
It’s time for Congress to demonstrate unity and strength over and against fanatics. Laws are being broken. The public peace is under siege. Worst of all, Americans are being made to fear for their lives and livelihoods just for being Jewish. We should have never allowed things to reach this point. The least we can do now is hold foreign offenders accountable.
• Marco Rubio is an American politician and lawyer serving as the senior United States senator from Florida, a seat he has held since 2011. August Pfluger II is an American politician and retired military officer from the state of Texas. He is the U.S. representative for Texas’s 11th congressional district.
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