Preserving a Sharia-Free America Act

Bill Number

S. 3009

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-10-15: Read twice and referred to the Committee on the Judiciary.

Last Updated

2025-12-08T16:33:56Z

AI-Generated Summary

Summary of S. 3009: Preserving a Sharia-Free America Act

Purpose

This bill aims to protect U.S. constitutional and legal rights by amending the Immigration and Nationality Act (INA) to bar immigrants and non-citizens who advocate for Sharia law—Islamic principles interpreted as a legal system—if such advocacy would infringe on others' rights under the U.S. Constitution or federal/state laws. It establishes grounds for denying entry, revoking benefits, and deporting individuals based on this criterion.

Key Provisions

• Denial of Entry and Benefits: The Secretaries of State and Homeland Security, and the Attorney General, must deny visas, immigration benefits (like green cards or asylum), or admission to any non-citizen (referred to as an "alien" in the law) who advocates imposing Sharia law in a way that violates U.S. rights.
• Revocation and Removal: Non-citizens already in the U.S. who engage in such advocacy will have their immigration status revoked and be deemed deportable, leading to removal from the country.
• Penalties for False Statements: Non-citizens who lie to federal officials (e.g., during visa interviews) about their advocacy of Sharia law face revocation of status, inadmissibility or deportability under the INA, and removal. This invokes a criminal statute (18 U.S.C. § 1001) for false statements to the government.
• No Judicial Review: Decisions to remove individuals under this provision are final and cannot be challenged in court, overriding other laws that allow appeals.
• Conforming Amendments: Adds specific language to the INA:
• Section 212(a)(10)(F): Makes advocacy of Sharia law a new ground for inadmissibility (barring entry).
• Section 237(a)(3): Makes post-admission advocacy a new ground for deportability (removal after entry).

Significant Changes to Existing Law

• Introduces a novel immigration ground tied to ideological advocacy: Previously, the INA included bars for activities like terrorism, espionage, or certain crimes, but not specifically for promoting a religious legal system like Sharia if it conflicts with U.S. laws.
• Expands enforcement authority to include subjective determinations of advocacy that "violates rights," potentially broadening the scope beyond physical acts to include speech or writings.
• Eliminates court review for removal decisions under this section, which contrasts with many INA provisions that permit judicial oversight to ensure due process.

Potential Impacts

• On Government Agencies: The Departments of State, Homeland Security (DHS), and Justice (DOJ) will face increased administrative burdens in screening applications, investigating advocacy, and processing revocations/removals. This could require new training, resources, and guidelines to define "advocacy" and "violation of rights."
• On Citizens and Non-Citizens: U.S. citizens are unaffected directly, as the bill targets non-citizens only. However, it could deter immigration from Muslim-majority countries or communities where Sharia discussions are common, affecting family reunifications, refugees, and students. Deportations may disrupt lives and communities with mixed immigration statuses.
• On International Relations: May strain ties with nations practicing Sharia-based governance (e.g., in the Middle East or South Asia), potentially viewed as discriminatory against Islam. It could complicate diplomatic visa exchanges or refugee agreements.

Main Stakeholders Affected

• Non-Citizens and Immigrants: Primarily Muslims or others advocating Sharia interpretations, including visa applicants, lawful permanent residents, and refugees, who risk denial, revocation, or deportation.
• U.S. Government Agencies: State Department (visas), DHS (border/admissions), and DOJ (enforcement/removals) bear implementation responsibilities.
• Religious and Advocacy Groups: Muslim-American organizations, civil liberties groups (e.g., ACLU), and immigration rights advocates may challenge or monitor enforcement for fairness.
• Broader Communities: U.S. families with immigrant members and international partners in education, business, or humanitarian efforts.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: The bill's focus on "advocacy" could raise questions about enforcement consistency, as determining intent or violation might lead to arbitrary decisions. The lack of judicial review limits due process protections typically available under immigration law.
• Constitutional Implications: Potentially conflicts with the First Amendment's free speech protections, even for non-citizens, by penalizing expression about religious laws—though immigration status is a civil matter, not a criminal one. It may invite lawsuits alleging religious discrimination under the Equal Protection Clause of the Fourteenth Amendment or the Religious Freedom Restoration Act.
• Political Implications: As an introduced bill (not yet law), it reflects partisan debates on immigration and national security. If passed, it could polarize discussions on Islamophobia versus protecting secular laws, influencing future legislation on ideology-based immigration restrictions.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Tuberville, Tommy [R-AL]

Recent Actions

• 2025-10-15: Read twice and referred to the Committee on the Judiciary.
• 2025-10-15: Introduced in Senate

Bill Versions

• Preserving a Sharia-Free America Act — issued 2025-10-15 — PDF (4 pages)