HR1071-119

What This Bill Does

The No Censors on our Shores Act amends the Immigration and Nationality Act to target foreign government officials who censor U.S. citizens in the United States. It adds a new inadmissibility ground for any alien who, while serving as an official of a foreign government, was responsible for or directly carried out an act against a U.S. citizen located in the United States that would violate the First Amendment if a U.S. government official committed the act in the United States. It adds a parallel deportability ground for the same conduct. The bill does not create a general First Amendment civil claim; it uses immigration consequences to exclude or remove foreign officials tied to censorship of U.S. citizens.

Who Benefits and How

U.S. citizens targeted by foreign-government censorship benefit because the bill creates immigration consequences for foreign officials responsible for censorship acts against them. Free-speech advocates benefit from a tool aimed at foreign officials who pressure, punish, or suppress speech inside the United States. Immigration officers benefit from explicit inadmissibility and deportability grounds tied to First Amendment-like conduct. The Department of State and Department of Homeland Security benefit from a statutory basis to deny visas, deny admission, or pursue removal for covered foreign officials. Diaspora communities in the United States benefit if foreign officials are deterred from transnational censorship.

Who Bears the Burden and How

Foreign government officials who censor U.S. citizens face visa denial, inadmissibility, and deportation risk. Foreign governments may face diplomatic friction when their officials are excluded or removed. DHS and State Department adjudicators must determine whether the official's conduct against a U.S. citizen would violate the First Amendment if committed by a U.S. official. Covered foreign officials already in the United States may face removal proceedings.

Key Provisions

• Adds an inadmissibility ground for foreign government officials responsible for censorship acts against U.S. citizens in the United States.
• Adds a deportability ground for the same foreign-official censorship conduct.
• Uses a First Amendment counterfactual test to define covered acts.
• Applies only to conduct committed while serving as a foreign government official.
• Protects U.S. citizens from transnational censorship by linking it to immigration consequences.