NO BAN Act

11/1/2022, 7:32 PM

National Origin-Based Antidiscrimination for Nonimmigrants Act or the NO BAN Act

This bill imposes limitations on the President's authority to suspend or restrict aliens from entering the United States and terminates certain presidential actions implementing such restrictions. It also prohibits religious discrimination in various immigration-related decisions, such as whether to issue an immigrant or non-immigrant visa, unless there is a statutory basis for such discrimination.

The President may temporarily restrict the entry of any aliens or class of aliens after the Department of State determines that the restriction would address specific and credible facts that threaten U.S. interests such as security or public safety.

The bill also imposes limitations on such restrictions, such as requiring the President, State Department, and the Department of Homeland Security (DHS) to (1) only issue a restriction when required to address a compelling government interest, and (2) narrowly tailor the suspension to use the least restrictive means to achieve such an interest.

Before imposing a restriction, the State Department and DHS shall consult with Congress. The State Department and DHS shall report to Congress about the restriction within 48 hours of the restriction's imposition. If such a report is not made, the restriction shall immediately terminate.

Individuals or entities present in the United States and unlawfully harmed by such a restriction may sue in federal court.

DHS may suspend the entry of aliens traveling to the United States on a commercial airline that failed to comply with regulations related to detecting fraudulent travel documents.

Congress
116

Number
HR - 2214

Introduced on
2019-04-10

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

3/5/2020

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

National Origin-Based Antidiscrimination for Nonimmigrants Act or the NO BAN Act

This bill imposes limitations on the President's authority to suspend or restrict aliens from entering the United States and terminates certain presidential actions implementing such restrictions. It also prohibits religious discrimination in various immigration-related decisions, such as whether to issue an immigrant or non-immigrant visa, unless there is a statutory basis for such discrimination.

The President may temporarily restrict the entry of any aliens or class of aliens after the Department of State determines that the restriction would address specific and credible facts that threaten U.S. interests such as security or public safety.

The bill also imposes limitations on such restrictions, such as requiring the President, State Department, and the Department of Homeland Security (DHS) to (1) only issue a restriction when required to address a compelling government interest, and (2) narrowly tailor the suspension to use the least restrictive means to achieve such an interest.

Before imposing a restriction, the State Department and DHS shall consult with Congress. The State Department and DHS shall report to Congress about the restriction within 48 hours of the restriction's imposition. If such a report is not made, the restriction shall immediately terminate.

Individuals or entities present in the United States and unlawfully harmed by such a restriction may sue in federal court.

DHS may suspend the entry of aliens traveling to the United States on a commercial airline that failed to comply with regulations related to detecting fraudulent travel documents.

Alternative Names
Official Title as IntroducedTo transfer and limit Executive Branch authority to suspend or restrict the entry of a class of aliens.

Policy Areas
Immigration

Potential Impact
Africa
Asia
Border security and unlawful immigration
Chad
Congressional oversight
Government information and archives
Immigration status and procedures
Iran
Iraq
Judicial review and appeals
Latin America
Libya
Mexico
Middle East
North Korea
Presidents and presidential powers, Vice Presidents
Racial and ethnic relations
Refugees, asylum, displaced persons
Religion
Somalia
Syria
Terrorism
Venezuela
Visas and passports
Yemen

Comments

Recent Activity

Latest Summary3/10/2020

National Origin-Based Antidiscrimination for Nonimmigrants Act or the NO BAN Act

This bill imposes limitations on the President's authority to suspend or restrict aliens from entering the United States and terminates certain preside...


Latest Action3/5/2020
Placed on the Union Calendar, Calendar No. 333.