H.R. 3724 — No Amnesty for Hamas Sympathizers Act

This section nullifies the President's February 14, 2024, memorandum and the Department of Homeland Security's April 15, 2024, notice providing Deferred Enforced Departure (DED)—a temporary executive grant of protection from deportation—and employment authorization for certain Palestinians. It prohibits any appropriated funds from being used to provide DED to aliens who habitually resided in Palestinian-administered territory within Judea and Samaria or Gaza or who hold a passport or other travel document issued by the Palestinian Authority.

This section adds to the list of aliens ineligible for suspension of deportation under former section 244(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1254(c)(2)(B)) any alien who (1) habitually resided in the Palestinian-administered territory within Judea and Samaria or Gaza or (2) holds a passport or other travel document issued by the Palestinian Authority. (As background, section 244 was repealed effective April 1, 1997 (more than 180 days after September 30, 1996), with relevant authority transferred to cancellation of removal under 8 U.S.C. 1229b and voluntary departure under 8 U.S.C. 1229c.)

This section establishes new security-related grounds for inadmissibility and deportability under the Immigration and Nationality Act (INA) for any alien who habitually resided in Palestinian-administered territory within Judea and Samaria or Gaza, or who holds a passport or other travel document issued by the Palestinian Authority. Specifically, (1) it adds a new INA section 212(a)(3)(H) deeming such aliens inadmissible; and (2) it adds a new INA section 237(a)(4)(G) deeming such aliens deportable.

This section amends the parole authority under INA §212(d)(5) (8 U.S.C. 1182(d)(5)) by (1) expanding a cross-reference from "subparagraph (B)" to "subparagraphs (B) or (C)"; (2) redesignating existing subparagraph (C) as subparagraph (D); and (3) prohibiting the Secretary of Homeland Security from paroling into the United States an alien who habitually resided in Palestinian-administered territory within Judea and Samaria or Gaza, or who holds a passport or other travel document issued by the Palestinian Authority. (Parole authority allows temporary entry of otherwise inadmissible aliens for urgent humanitarian reasons or significant public benefit without constituting formal admission.)

This section adds a new mandatory bar to asylum eligibility for aliens who habitually resided in Palestinian-administered territory within Judea and Samaria or Gaza, or who hold a passport or other travel document issued by the Palestinian Authority. (Thus, the Secretary of Homeland Security may not grant asylum to such aliens notwithstanding a credible fear of persecution.)

This section prohibits refugee admission for, and requires removal of, any alien who habitually resided in Palestinian-administered territory within Judea and Samaria or Gaza or who holds a passport or other travel document issued by the Palestinian Authority. It further requires rescission of lawful permanent resident status for such an alien who commits a crime of violence.