Sinehan Kerman

While national security is an important and legitimate concern, this legislation raises serious constitutional, legal, and ethical problems. First, HB 1561 appears to conflict with federal law. Immigration policy, visa eligibility, and the regulation of foreign nationals are matters squarely within federal jurisdiction. The U.S. Constitution grants the federal government authority over immigration and foreign affairs. A state-level prohibition targeting a specific nationality risks federal preemption and could expose New Hampshire to costly legal challenges. Second, this bill raises profound Equal Protection concerns. It singles out individuals solely on the basis of national origin. Courts have long held that discrimination based on nationality is subject to the highest level of constitutional scrutiny. A blanket ban that applies regardless of individual conduct, academic field, or security risk is unlikely to survive such scrutiny. Third, HB 1561 would institutionalize discrimination in our public universities. It would require affidavits regarding nationality and create a system of exclusion based not on behavior, but identity. That approach conflicts with core American principles of fairness, due process, and equal opportunity. Beyond legality, this bill would harm New Hampshire’s higher education system. International students contribute significantly to campus life, research innovation, and the state’s economy. A nationality-based ban would undermine our universities’ academic competitiveness and reputation. It could also invite reciprocal treatment of American students and scholars abroad. If there are legitimate national security concerns, those issues are best addressed through existing federal vetting processes, targeted safeguards in sensitive research areas, and coordination with federal authorities, not through broad, identity-based prohibitions enacted at the state level. New Hampshire can uphold both security and constitutional values. HB 1561 does not strike that balance. For these reasons, I urge you to recommend HB 1561 as Inexpedient to Legislate.