Noncitizens Engaging in Terrorist Activity at IHEs

Education

Noncitizens Engaging in Terrorist Activity at IHEs

Feb 9th, 2024 2 min read

An ACT relating to the enrollment and resident status of certain persons by public institutions of higher education.

Whereas, nonimmigrant foreign students and faculty and staff members of educational institutions are admitted to, and reside in, the United States in a spirit of pluralism and peace;

Whereas, student and employee visa holders must remain eligible to stay in the United States; and

An alien who endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization is inadmissible and deportable, as such terms are defined in 8 U.S.C. §§ 1182 and 1227;

BE IT ENACTED THAT:

(a) Institutional policy. Each institution of higher education authorized to operate in the State must have and enforce a policy that–

(1) Prohibits all students, faculty members, and staff members, if they hold a nonimmigrant visa, from publicly espousing terrorist activity related to an ongoing conflict or, at any time or place, persuading others to endorse or espouse terrorist activity related to an ongoing conflict or to support a terrorist organization, as such terms are defined in 8 U.S.C. 1182 and 1227, unless it is the policy or practice of the United States to support such activity or organization;

(2) Upon a first finding of guilt or responsibility under subsection (1), suspends a student or ends a faculty or staff member’s employment for at least one year;

(3) Upon a second finding of guilt or responsibility under subsection (1), expels a student or ends a faculty or staff member’s employment permanently;

(4) Immediately upon suspending or expelling a student or terminating a faculty or staff member under subparagraph (1), the institution is required to update the individual’s record in the Department of Homeland Security’s Student Exchange Visitor Information System (SEVIS) or successor system to show that the individual is no longer enrolled as a full-time student of the institution or employed by the institution; and

(5) Does not permit a student, faculty, or staff member to transfer to, enroll at, or become employed by the institution if the individual has been suspended, expelled or terminated from another institution of higher education under subsection (3).

(b) Scope. Paragraph (a) includes, but is not limited to, holders of F-1, M-1, and J-1 visas.

(c) Enforcement against individuals.

(1) An institution of higher education, upon suspecting or receiving a credible allegation that an individual has violated its policy described in subsection (a)(1), must investigate and, if warranted by the factual results of the investigation, enforce its policy against the individual.

(2) The standard of evidence for a finding of guilt or responsibility under the institution’s policy shall be a preponderance-of-the-evidence standard.

(d) Enforcement against institutions.

(1) The Attorney General or any other applicable official of the executive or judicial branch of the state may compel an institution of higher education to enforce its policy as described in paragraphs (a) through (c).

(2) An investigating official under subsection (1) or the official’s designee may compel production of documents and other evidence from an institution suspected of violating this Act, including all education and employment records and other relevant records.

(3) If the Attorney General, the Attorney General’s designee, or a court of appropriate jurisdiction determines that an institution of higher education has failed to comply with this Act, the official or court may issue a fine against the institution of at least X and up to Y [dollars or percent of fiscal year appropriation from the state].

(e) Severability. Any provision of this Act, an amendment made by this Act, or the application of such a provision or section is severable. If any portion of this Act is declared invalid, the remaining provisions and applications shall be given full effect to the greatest extent practicable.

(f) Effective date. This Act is effective 120 days after enrollment.

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