January 16, 2025
Mr. Schmitt introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To make members of the Chinese Communist Party and their family members ineligible for F or J visas, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the Protecting Higher Education from the Chinese Communist Party Act of 2025
.
Sec. 2. Ineligibility for certain visas of members of the Chinese Communist Party
(a) Grounds for exclusion
An alien may not be accorded status or receive a visa under subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) if the alien is a person who is, as of the date of enactment of this Act or at any time thereafter—
(1)
any member of the Chinese Communist Party, including such a member who has served on the National Congress of the Chinese Communist Party; or
(2)
a family member of a person described in paragraph (1).
(b) Family member
For purposes of this section, the term family member means, with respect to a person, that person’s spouse, child, parent, sibling, grandchild, niece, or nephew.
(c) Exception To comply with United Nations Headquarters Agreement
Subsection (a) shall not apply to an individual if admitting the individual to the United States is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, and other applicable international obligations.
(d) National security waiver
The President, or a designee of the President, may waive the application of subsection (a) if the President or such designee certifies in writing to the appropriate congressional committees that such waiver is in the national security interest of the United States.