Texas bill would make universities suspend, expel students on visas who support terrorism
After the Trump administration's push to deport international students who have participated in pro-Palestinian activism, the Texas Senate Education K-16 Committee faced resistance Wednesday over a proposal to encourage and require public universities to punish visa holders who engage in expression that appears to support terrorist organizations.
The pro-Palestinian protests held at the University of Texas and at other college campuses across the state in April 2024 were repeatedly highlighted by those who testified in favor of Senate Bill 2233, though the proposal doesn't specifically mention those demonstrations. Trump administration officials have vowed to deport foreign-born students who were involved in the protests, and Lt. Gov Dan Patrick, issued interim legislative charges in 2024 to investigate free speech and antisemitism on college campuses.
More than 260 international students in Texas have had their visas revoked or legal status changed by the federal government since Trump returned to the White House, the American-Statesman previously reported. Nationally, more than 1,000 students have had their visas revoked or legal statuses changed, not just for activism, but also with little to no reason given or for minor violations such as a parking ticket, according to media reports.
More: More than 260 Texas international students had visas revoked, legal status changed
SB 2233 would help enforce the Homeland Security Department's efforts, the bill's author, freshman Sen. Adam Hinojosa, R-Corpus Christi, said at the hearing Wednesday. The proposal would give universities a clear mechanism and charge to remove students and employees whom, after an investigation, are found to have supported a terrorist organization.
"It's requiring the institutions to develop that policy, a clear policy, and it would be incumbent upon those institutions to let their students know and understand those policies clearly," Hinojosa said.
In response to criticism casting the bill as too vague, Hinojosa said there are terrorism "definitions that are already established and well established" by the U.S. government.
The federal government designated Hamas a terrorist organization in 1997, according to the U.S. State Department.
More: Texas lawmakers probe universities' compliance with anti-DEI law, free speech: Our takeaways
Pro-Palestinian protesters have advocated for universities to divest from weapons manufacturers contributing to Israel's bombardment of Gaza ― an area controlled by Hamas where tens of thousands of Palestinians have been killed in the conflict in response to Hamas' deadly Oct. 7, 2023, surprise attacks on Israel, which left 1,200 dead and 200 held hostage.
The protesters have been painted as antisemitic and pro-terrorist by some, but those who participated in the demonstrations reject those characterizations, which they say dehumanizes their calls to stop innocent Palestinians from being killed and displaced.
SB 2233 would require Texas universities to adopt a policy to suspend or expel foreign-born students on visas who participate in expression that appears to support a terrorist organization, such as Hamas, and expel them if they encourage others to do so as well, "unless it is the policy or practice of the United States to support that activity or organization."
If universities appear to not comply, the attorney general can investigate and fine them up to 1% of their budget, according to the bill. Opponents worry this policy would lead universities to overcomply to avoid adverse attention.
More: More than 170 international students at UT System schools have had visas revoked: officials
Sen. José Menéndez, D-San Antonio, asked Hinojosa about the exemption for U.S.-supported activities, which Hinojosa said aligns with federal guidance. He also criticized the bill as too vague, saying it could punish students who join protests they do not consider to support a terrorist organization.
"How can it be OK for us to support terrorist activity if it's the practice of the government?" Menendez asked. "I don't know why we would put that in state statute."
More: About 150 people testify at Texas Senate hearing on SB 17, college free speech. Here's why
Some rights advocates worry the bill will conflate protected criticism of a foreign entity, such as Israel, with terrorism ― something that could allow or encourage "viewpoint discrimination," said Andrew Hendrickson, testifying on behalf of the American Civil Liberties Union of Texas.
"Simply being concerned about a conflict in another part of a country, wanting to speak out about the actions of one government or another does not necessarily mean you support the terrorist organization because you support people who live in a place where that terrorist organization has influence," Hendrickson testified.
More: Analysis: UT increases limits on free speech after pro-Palestinian protests, Abbott order
He also criticized Republican senators for passing a law in 2019 designating public universities as traditional public forums, including free speech that might be unpopular, but now seeking to crack down now on views that are "more with the left."
"That is the heart of what viewpoint discrimination is and what the First Amendment is intended to prevent," Hendrickson said.
More: Pro-Palestinian protests have happened at UT before. How are the new ones different?
Brianna Terrell, a University of Texas law student, testified that her Jewish faith calls her to oppose this bill. She said the protesters did not make her feel unsafe on campus during the demonstrations last spring, but the police who responded to the rally did. She also said she opposes classifying those protesters as terrorist sympathizers. Those who stood up for Jews during the Holocaust, despite being labeled terrorists by their opponents, are considered "Yad Vashem," or "righteous among nations," she added.
Terrell also said this bill was coming up during Passover, a Jewish high holiday.
"I'd like to remind this panel what happened in the Holocaust. People who were not Jewish who supported the Jews in their speech, in their actions, in their protests, were often classified as terrorists and enemies of the state, and subject to prison, deportation or far worse under the Nazi regime," Terrell said.
Referring to a passage from the Torah about the pharaoh's heart being hardened during the 10 plagues, she said, "I ask this panel to not let their hearts be hardened to the plight of Palestinian people and those who, like the Yad Vashem, speak out for them."
This article originally appeared on Austin American-Statesman: Texas bill would make colleges expel students on visas for certain speech
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