Discrimination Against People from Countries Deemed Foreign Adversaries (SEA 256)

• SEA 256: Foreign Agent Registration, Foreign Terrorist Organizations, and Foreign Adversaries, authored by Sen. Chris Garten, Sen. Eric Koch, Sen. Aaron Freeman | Status: Signed by Governor
• HB 1099: Foreign Adversaries, authored by Rep. Matt Commons | Status: Failed

The following language, previously in HB 1099, was amended and added to SEA 256, which has now passed into law. It creates sweeping restrictions targeting people from countries deemed “foreign adversaries” by the federal government, including China, Iran, North Korea, and Russia, as well as any other country the governor designates as a threat to critical infrastructure.

Under the law, new state and local government contracts for certain technology products require vendors to certify that they and their subcontractors are not “prohibited persons.”

The law also restricts admission to certain qualifying programs at public colleges and universities for students from these countries. While earlier versions would have flatly barred many future students from enrolling, the final law instead allows admission only after an invasive “foreign influence and research security review,” which includes information about the student’s affiliations, funding, and certain family connections. Students admitted after that review must also sign a formal statement each year.

The law gives state officials broad authority over which academic programs are covered and requires colleges and universities to report data on foreign student enrollment in those programs. It also repeals existing law on foreign ownership of agricultural land and replaces it with a broader and more restrictive prohibition on owning or leasing Indiana property, while giving the attorney general broad power to enforce those new restrictions.

We oppose this law because it mandates blatant discrimination against people based solely on national origin.