Key Points:

• Bill increases penalties for foreign government intimidation crimes

• Creates training program to address transnational repression

• Democrats raise concerns over discrimination and constitutionality

The Senate passed a bill on June 18 that would enhance penalties for an agent of a foreign government or terrorist organization who attempts to intimidate dissidents living in the United States.

House Bill 2374 would require the person to be sentenced to the next higher class of offense if they’re convicted of crimes such as stalking, threatening, harassment, aggravated assault or coercing anyone while acting on behalf of a government or terrorist organization.

The measure would also require the Arizona Department of Public Safety to establish a Transnational Repression Recognition and Response Training Program. 

Rep. Quang Nguyen, R-Prescott Valley, introduced the bill to deter foreign governments such as the Chinese Communist Party from conducting unauthorized law enforcement activities targeting students, pro-democracy activists and expatriates from that country.

“I fled communist Vietnam as a child, so I know firsthand the devastating impact of government repression,” Nguyen said after the bill passed the House third read hearing on Feb. 26. “No one in Arizona — no one in America — should have to live in fear of harassment, intimidation or assault by foreign agents. This bill sends a clear message: We will not tolerate foreign governments trampling on our freedoms.”

The bill was partially inspired by a case in New York City where two men were arrested by the FBI in April 2023 after they were accused of operating an illegal police station on behalf of the People’s Republic of China and harassing dissidents who were critical of the Chinese government.

Nguyen said during a House Judiciary Committee hearing on Feb. 5 that the bill could give law enforcement a tool to distinguish between traditional crimes and transnational repression.

“These crimes may be reported normally by law enforcement officers, but in cases of transnational repression, it is important for us to know the driving force behind these crimes,” said Nguyen, who is chairman of the committee.

While Senate Republicans voted in support of the bill, Sen. Analise Ortiz, D-Phoenix, and other Democrats cited constitutional concerns that the legislation could violate the Equal Protection Clause of the U.S. Constitution, which guarantees equal protection under the law regardless of a person’s national origin.

“HB2374 and other bills like it would target people based on national origin and citizenship status, effectively discriminating against lawful residents and dual citizens of certain nations that are deemed hostile,” Ortiz said.

Ortiz criticized HB2374 and a handful of similar bills introduced by the Legislature this year that targeted foreign adversaries.

One measure, Senate Bill 1109, would’ve banned the People’s Republic of China from having substantial ownership interest in Arizona land. Gov. Katie Hobbs vetoed the bill on June 2.

“These bills could send a chilling message to potential economic partners,” Ortiz said. “Arizona has a reputation as a welcoming and business friendly state and we should not undermine that.”

Sen. Frank Carroll, R-Sun City West, countered by saying a foreign adversary is clearly defined by law, and it’s necessary to have these bills to protect against these entities. 

“It’s unfortunate that people try to frame it differently than it is,” Carroll said.