The material support statute, aimed at prosecuting those who provide various forms of support to terrorism, has been essential in the United States’ ability to combat terrorism. However, the inflexible application of the statute in immigration law as well as in an international aid context has, at times, come with dire consequences without benefiting U.S. national security. Additionally, in an immigration context, there is an inconsistency in the types of exemptions available for a non-citizen who gives material support depending on whether the non-citizen is in removal proceedings. The Department of Homeland Security’s June 2022 authorization of a statutory exemption to the material support statute for Afghans who assisted U.S. troops provides a template for potential future reforms to the material support statute. These potential future reforms would mitigate some of the drawbacks of the statute.

Continue Reading A Hungry Child Should Know No Politics: How the U.S. Material Support Statute Has Excessively Criminalized Humanitarian Relief and Has Unintentionally Barred Innocent Asylum-Seekers from the United States