Preventing Intelligence Gathering from Foreign Adversaries Act
- Bill Number
- S. 2297
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-07-16: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2025-09-05T17:07:09Z
AI-Generated Summary
Purpose
The legislation, titled the "Preventing Intelligence Gathering from Foreign Adversaries Act," aims to protect U.S. national security by barring or removing non-citizens who are compelled by foreign laws to assist in intelligence activities that could harm U.S. interests.
Key Provisions
- Inadmissibility Ground: Adds a new category to the Immigration and Nationality Act (INA) making any non-citizen (referred to as an "alien" in the law) ineligible to enter the U.S. if they are subject to a foreign country's law that requires them to provide access to information, cooperate with, or support that country's intelligence-gathering efforts.
- Deportability Ground: Similarly adds a provision to the INA allowing the deportation of any non-citizen already in the U.S. who falls under the same foreign law requirement.
- The bill was introduced in the Senate on July 16, 2025, by Senator Rick Scott of Florida and referred to the Committee on the Judiciary.
Significant Changes to Existing Law
- Expands Section 212(a)(3) of the INA (which covers security-related inadmissibility grounds, such as terrorism or espionage) by inserting a new subparagraph (H) focused specifically on subjection to foreign intelligence security laws.
- Expands Section 237(a)(4) of the INA (which covers security-related deportability grounds) by inserting a new subparagraph (G) with identical language.
- These additions introduce a broad new criterion based on foreign legal obligations, rather than direct evidence of harmful acts, shifting focus from individual behavior to legal subjection.
Potential Impacts
- On Government Agencies: U.S. immigration authorities, such as U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE), would need to screen more applicants and residents for foreign legal obligations, potentially increasing administrative workload and requiring new training or guidelines.
- On Citizens and Non-Citizens: Primarily affects non-U.S. citizens from countries with laws mandating intelligence cooperation (e.g., requiring tech firms or individuals to share data with foreign governments), limiting their ability to immigrate, work, or remain in the U.S.; U.S. citizens are not directly impacted.
- On International Relations: Could complicate diplomatic ties with nations whose laws trigger this provision, leading to reciprocal restrictions or tensions in trade, technology, or migration agreements.
Main Stakeholders Affected
- Non-Citizen Immigrants and Visa Applicants: Those from countries with relevant foreign intelligence laws, including professionals in tech, finance, or academia who might be compelled to cooperate.
- U.S. Immigration and Security Agencies: DHS components handling visas, borders, and deportations, as they enforce the new grounds.
- U.S. Businesses and Universities: Employers or institutions relying on foreign talent, who may face hiring challenges or disruptions.
- Foreign Governments: Nations with intelligence laws that could be deemed qualifying, potentially viewing the bill as targeted interference.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Broadens immigration enforcement tools under the INA without specifying exemptions or appeal processes, which could lead to challenges over vagueness (e.g., defining "subjection" or which foreign laws qualify) or require judicial clarification on evidence standards.
- Constitutional Implications: May raise due process concerns under the Fifth Amendment if deportations occur without individualized assessments of actual risk, though immigration law often receives deference from courts as a matter of national security.
- Political Implications: Positions the bill as a national security measure against foreign adversaries, potentially influencing debates on immigration reform, but it could spark controversy over discrimination based on nationality or overreach in screening practices.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-07-16: Read twice and referred to the Committee on the Judiciary.
- 2025-07-16: Introduced in Senate
Bill Versions
- Preventing Intelligence Gathering from Foreign Adversaries Act — issued 2025-07-16 — PDF (2 pages)