Sharia-Free America: Why Political Islam & Sharia Law Are Incompatible with the U.S. Constitution

Immigration Enforcement and Sanctuary PoliciesHouse Judiciary Subcommittee on Constitution and Limited Government · 2026-02-10 · 119th Congress
The House Judiciary Subcommittee on the Constitution and Limited Government convened this hearing to examine claims that Sharia law and "political Islam" are spreading in the United States, with particular focus on Texas, and to consider proposed legislation (referenced as the "Preserving a Sharia-Free America Act," and HR 5722) that would deny immigration benefits to or deport noncitizen adherents of Sharia. Begins at 0:18:55
Transcript
Highlights

Title

Hearing on Sharia law, political Islam, and proposed immigration restrictions

Purpose

The House Judiciary Subcommittee on the Constitution and Limited Government convened this hearing to examine claims that Sharia law and "political Islam" are spreading in the United States, with particular focus on Texas, and to consider proposed legislation (referenced as the "Preserving a Sharia-Free America Act," and HR 5722) that would deny immigration benefits to or deport noncitizen adherents of Sharia. Four witnesses testified: Krista Schild (RAIR Foundation), Ilya Somin (George Mason University), Stephen Gelé (Pelican Institute), and Robert Spencer (David Horowitz Freedom Center), with sharp disagreement among members over whether the bill is constitutional or discriminatory. Begins at0:18:55

Who spoke

Chairman (Rep. Chip Roy, R-TX)0:18:55: Opened by describing a movement to replace American law with Sharia, citing the East Plano Islamic Center (EPIC) in Texas0:21:14, Imam Yasir Qadhi's past statements0:21:34, Qatar Foundation International funding in Texas schools0:26:14, and survey data on U.S. Muslim attitudes toward Sharia0:25:03; later questioned witnesses on child custody arbitration, foreign funding, and vetting1:49:14.

Ranking Member Rep. Mary Gay Scanlon (D-PA)0:30:53: Called the hearing a "cynical political ploy" tied to the Texas Republican primary0:32:09, said the Trump DOJ closed an investigation into the Plano development finding no fair-housing violation0:32:40, and argued HR 5722 violates the First Amendment's Free Exercise and Establishment Clauses0:33:35; later contrasted the hearing's focus with Project 2025 policies1:37:29.

Rep. Jamie Raskin (D-MD), Ranking Member (full committee)0:36:49: Argued the Establishment and Free Exercise Clauses already prevent any religious law's imposition, citing *Stone v. Graham* on Ten Commandments displays0:39:00 and *Church of the Lukumi Babalu Aye v. Hialeah*1:41:32; later questioned Gelé on child-custody comity and Somin on the bill's constitutionality1:15:11.

Stephen Gelé, Chairman, Pelican Institute0:47:09: Testified that American courts sometimes enforce foreign Sharia-based judgments via comity, arbitration, and choice-of-law clauses, citing a Ninth Circuit ruling that foreign judgments aren't subject to U.S. constitutional constraints0:51:13; said 13 states have passed "American Laws for American Courts" statutes0:51:36; later described how Sharia-based tribunals lack American due-process formalities1:56:19.

Robert Spencer, David Horowitz Freedom Center0:52:30: Argued Sharia is inherently political and supremacist, citing the manual *Reliance of the Traveler* and the non-Muslim poll tax (jizya)0:54:44; cited Quran 4:34 on domestic violence0:56:37 and British Sharia tribunals discouraging domestic-violence prosecutions0:57:06; later discussed Fort McCoy Afghan resettlement cases2:01:39 and the Muslim Brotherhood's "explanatory memorandum"1:28:17.

Krista Schild, RAIR Foundation0:57:54: Described what she called Texas as "ground zero" for Islamic expansion, citing over 330 mosques and $4 billion in taxpayer funds routed to Islamic entities since 20171:00:04; discussed EPIC/"the Meadows" and Imam Yasir Qadhi1:00:35; shared a personal account of two Texas girls she said were murdered by their father for dating non-Muslims1:01:41.

Ilya Somin, George Mason University1:02:32: Argued the proposed act would violate the First Amendment by expelling people based solely on religion1:03:27, noted ISIS called Trump's first-term travel ban "the blessed ban" for propaganda purposes1:06:53, and cited *Carson v. Makin* on religious discrimination in government benefits1:40:27.

Rep. Andy Biggs (R-AZ), participating by yield1:08:39: Questioned Somin on *Reynolds v. United States* (belief vs. practice)1:08:39 and Gelé on foreign child-custody judgments1:09:57.

Rep. Ben Cline (R-VA)? — not identified; time yielded to Biggs by "Mr. Ander"1:08:10 (unclear name, not used as speaker bullet per NAME GUARD).

Rep. Tom McClintock (R-CA)1:20:34: Distinguished voluntary religious belief from compulsory imposition1:20:34, and questioned Gelé on whether Sharia is being imposed against people's will via child-custody arbitration1:22:04.

Rep. Steve Cohen (D-TN)1:26:01: Argued the hearing ignored bigger constitutional issues like the emoluments and pardon powers and events in Minneapolis1:27:00; entered a New York Times article linking mass murderer Anders Breivik's manifesto to citations of Robert Spencer's work1:29:39.

Rep. Greg Murphy (R-NC)? (introduced as "Mr. Harris")1:31:41: Cited an 18-year-old, Christian Sturdivant, arrested in Mint Hill, NC for plotting an ISIS-inspired attack1:32:03, and asked Spencer about a Detroit female genital mutilation prosecution1:35:19.

Rep. Louie Gohmert (R-TX)1:42:54: Cited a September 2024 survey (attributed to the Heritage Foundation) reporting 39% of U.S. Muslims support implementing Sharia within 20 years1:43:34, 46% support a Muslim political party1:43:48, and 57% believe Jewish people have too much power in government policy1:44:57; questioned Spencer on political Islam's goals1:45:33.

Rep. Harriet Hageman (R-WY)1:55:00: Cited an August 2025 Austrian court ruling enforcing a Sharia-based arbitration award1:55:00 and questioned Gelé on how Sharia tribunals resolve family disputes1:57:09.

A committee member (Wisconsin delegation)2:00:16: Said he had never personally met a self-described Christian nationalist2:00:43; questioned Spencer about vetting of Afghan evacuees at Fort McCoy2:02:08 and government tracking of Sharia court cases2:05:06.

Key moments

Chairman Roy cited a September 2024 survey finding 50% of U.S. Muslims favor a Sharia blasphemy law, 39% support broad Sharia application, and 33% want Islam declared the national religion0:25:03.

Scanlon stated the Trump Justice Department closed an investigation into the Plano development and found no fair-housing violation, disputing the "Sharia compound" characterization0:32:40.

Raskin argued current law already resolves the issue via the Establishment Clause, citing *Stone v. Graham* (1980) striking down mandatory Ten Commandments postings0:39:00.

Gelé testified that a Ninth Circuit case held foreign court orders are not subject to U.S. constitutional constraints, and that 13 states have adopted "American Laws for American Courts" statutes in response0:51:130:51:36.

Spencer stated Quran 4:34 instructs a man to beat a disobedient wife and described British Sharia tribunals urging prosecutors not to bring domestic-violence charges against Muslim men0:56:370:57:06.

Schild testified that two Texas girls connected to her family were murdered by their father for dating non-Muslims1:01:41, and cited over $4 billion in taxpayer funds she said were routed to Islamic entities since 20171:00:04.

Somin warned the proposed law would violate the First Amendment and noted ISIS publicly praised Trump's first-term travel ban as a recruitment propaganda victory, calling it "the blessed ban"1:06:53.

Rep. Gohmert cited statistics he attributed to a Heritage Foundation survey, including that 57% of U.S. Muslims believe Jewish people have "too much power" in government policy; Somin repeatedly said he could not verify the methodology1:44:331:45:00.

Rep. Cohen entered a New York Times article noting Norwegian mass murderer Anders Breivik frequently cited Robert Spencer's work; Spencer responded by comparing the citation to blaming Elizabeth Warren for the Dayton shooting1:30:081:31:12.

Gelé and Rep. McClintock discussed a Collin County, Texas case in which a judge sent a divorce case to a Sharia court, which was later overturned by the Texas Supreme Court1:24:00.

Metadata

CommitteeHouse Judiciary Subcommittee on Constitution and Limited Government
Chamber / CongressHouse · 119th Congress
Date2026-02-10
TypeHearing
Witnesses
Ms. Krista Schild — RAIR Foundation
Mr. Ilya Somin — Professor of Law, George Mason University
Mr. Stephen Gelé — Chairman, Pelican Institute, Partner, Bivalacqua, Gelé & Ellis
Mr. Robert Spencer — Shillman Fellow, David Horowitz Freedom Center
Videoyoutube
Transcript261 caption blocks · 17,360 words · 2:06:39 runtime
EventCongress.gov 118945