Could a federal law turn boycotting Israel into a criminal act for American citizens?

History · Published 20 October 2026 Swipe more like this →

In short: The proposed Israel Anti-Boycott Act sought to penalize Americans for participating in boycotts against Israel and its settlements. While proponents argued it protected government contracts from political influence, critics warned it threatened fundamental First Amendment rights, sparking a fierce debate over the intersection of free speech and foreign policy.

Introduced in 2017 by Representative Peter Roskam and Senator Benjamin Cardin, the Israel Anti-Boycott Act aimed to update existing federal trade regulations. The legislation was designed to empower states to terminate contracts with entities that refused to trade with Israel or its settlements. Initially, the bill proposed severe consequences for non-compliance, including civil fines starting at $250,000 and criminal penalties reaching $1 million alongside potential 20-year prison terms. These measures were framed as a direct response to the Boycott, Divestment, and Sanctions movement.

The legislative path was fraught with controversy. By 2018, the bill had garnered hundreds of cosponsors, yet it faced significant pushback regarding its constitutionality. Opponents, including the ACLU, argued that participating in boycotts constitutes protected speech. Even some original supporters, such as Senator Kirsten Gillibrand, withdrew their backing in 2017 due to these free speech concerns. Internal disagreements also emerged among proponents; some, like the Israeli American Council, criticized later amendments for watering down the bill's protections for Israeli-controlled territories in an attempt to appease Democratic opposition.

Despite multiple attempts to advance the legislation through the 115th, 116th, and 117th Congresses, the bill ultimately failed to pass. By 2019, focus shifted toward alternative measures like the Combating BDS Act, which sought to provide federal authorization for state-level anti-boycott laws. While the Senate passed this successor, it stalled in the House. The debate remains unresolved, highlighting a persistent tension between the desire to protect diplomatic interests through economic policy and the constitutional protections afforded to individual political expression in the United States.

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