Preserving a Sharia-Free America Act
- Bill Number
- H.R. 5722
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-10-08: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-03-27T08:06:37Z
AI-Generated Summary
Purpose
The legislation, titled the "Preserving a Sharia-Free America Act," aims to amend the Immigration and Nationality Act (INA) to bar individuals who follow Sharia law—a set of religious principles derived from Islamic texts—from entering or remaining in the United States. It seeks to enhance national security by treating adherence to Sharia as a disqualifying factor for immigration.
Key Provisions
- Denial of Entry and Benefits: The Secretary of State, Secretary of Homeland Security, and Attorney General must deny visas, immigration benefits (such as green cards or asylum), or admission to any alien (non-U.S. citizen or non-national) who adheres to Sharia law.
- Removal of Existing Aliens: Any alien already in the U.S. determined to adhere to Sharia law will have their immigration status revoked, be deemed inadmissible or deportable, and face removal from the country.
- Penalties for False Statements: Aliens who lie about their adherence to Sharia law in statements to federal agencies (under 18 U.S.C. § 1001, which prohibits false statements to the government) will face revocation of status, inadmissibility, deportability, and removal.
- Non-Reviewability: Decisions by the specified officials under this act cannot be challenged or reviewed in any court, making them final.
Significant Changes to Existing Law
- Introduces a new categorical exclusion under the INA based solely on religious adherence (to Sharia law), which is not currently a ground for inadmissibility or deportation. Existing INA provisions focus on factors like criminal history, terrorism, or health risks, but not religious beliefs.
- Removes judicial oversight for these determinations, overriding standard legal processes that allow immigrants to appeal decisions in court.
- Expands enforcement to include proactive revocation and removal, potentially broadening the scope of immigration enforcement beyond current reactive measures.
Potential Impacts
- On Government Agencies: The Departments of State, Homeland Security, and Justice will need to develop new screening processes, such as interviews or questionnaires, to identify Sharia adherence, increasing administrative workload and costs. This could strain resources for visa processing and deportation operations.
- On Citizens and Immigrants: U.S. citizens are unaffected directly, but it could impact families with immigrant members, particularly from Muslim-majority countries, by separating relatives or complicating family-based immigration. Aliens (especially Muslims) may face heightened scrutiny, delays, or denials in immigration processes.
- On International Relations: The policy could damage U.S. ties with Islamic nations by appearing discriminatory, potentially leading to diplomatic protests, reduced cooperation on other issues, or reciprocal immigration restrictions.
Main Stakeholders Affected
- Immigrants and Aliens: Primarily those from regions where Sharia-influenced practices are common (e.g., parts of the Middle East, South Asia, and Africa), who may be denied entry or face deportation.
- U.S. Muslim Community: Could indirectly affect American Muslims through family separations or stigma, though the bill targets non-citizens.
- Federal Agencies: Secretaries of State, Homeland Security, and the Attorney General, who bear responsibility for implementation and enforcement.
- Immigration Advocates and Legal Groups: Organizations focused on refugee rights or civil liberties may challenge the law's effects on vulnerable populations.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: The non-reviewability clause could conflict with administrative law principles requiring due process (fair procedures before government actions), potentially leading to lawsuits claiming violations of the Administrative Procedure Act.
- Constitutional Implications: Raises concerns under the First Amendment (freedom of religion), as it targets a specific faith-based system, and the Fifth Amendment (due process and equal protection), by treating religious adherence as inherently disqualifying without evidence of harm. It might be seen as a religious test for immigration, echoing historical debates over the Constitution's prohibition on such tests for officeholders.
- Political Implications: The bill, introduced by Republican representatives, could polarize debates on immigration and Islamophobia, influencing future policy on religious freedoms versus security. If enacted, it might set a precedent for ideology-based exclusions, affecting broader U.S. immigration reform.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (26)
Rep. Fine, Randy [R-FL-6], Rep. Burchett, Tim [R-TN-2], Rep. Self, Keith [R-TX-3], Rep. Moore, Barry [R-AL-1], Rep. Miller, Mary E. [R-IL-15], Rep. Perry, Scott [R-PA-10], Rep. Biggs, Sheri [R-SC-3], Rep. Boebert, Lauren [R-CO-4], Rep. Brecheen, Josh [R-OK-2], Rep. Clyde, Andrew S. [R-GA-9], Rep. Fulcher, Russ [R-ID-1], Rep. Biggs, Andy [R-AZ-5], Rep. Donalds, Byron [R-FL-19], Rep. Gill, Brandon [R-TX-26], Rep. Burlison, Eric [R-MO-7], Rep. Cloud, Michael [R-TX-27], Rep. Crane, Elijah [R-AZ-2], Rep. Van Duyne, Beth [R-TX-24], Rep. Mace, Nancy [R-SC-1], Rep. Moore, Riley M. [R-WV-2], Rep. Harshbarger, Diana [R-TN-1], Rep. Norman, Ralph [R-SC-5], Rep. Haridopolos, Mike [R-FL-8], Rep. Pfluger, August [R-TX-11], Rep. Gosar, Paul A. [R-AZ-9], Rep. Smith, Adrian [R-NE-3]
Recent Actions
- 2025-10-08: Referred to the House Committee on the Judiciary.
- 2025-10-08: Introduced in House
- 2025-10-08: Introduced in House
Bill Versions
- Preserving a Sharia-Free America Act — issued 2025-10-08 — PDF (2 pages)