Plain Language Summary
# NO BAN Act Summary **What it does:** The NO BAN Act would limit the President's power to ban or restrict people from entering the United States based on their national origin or religion. Currently, presidents have broad authority to suspend entry of foreign nationals. This bill would require that any restrictions be based on specific, credible safety threats and would prohibit discrimination based on religion in visa decisions. The President could still impose temporary restrictions, but only if the State Department confirms there's a genuine threat to U.S. interests, and the restrictions must be as narrow as possible—meaning they shouldn't be broader than necessary to address the actual problem. **Who it affects:** The bill primarily affects foreign nationals seeking to enter the U.S., as well as immigrants and nonimmigrants applying for visas.
It also constrains executive branch authority, affecting the President, State Department, and Department of Homeland Security. The bill appears designed in response to previous travel restrictions that critics said discriminated against Muslim-majority countries. **Current status:** The bill is currently in committee (HR 924, 119th Congress), sponsored by Rep. Judy Chu (D-CA). It has not yet passed and remains in the early legislative stage.
CRS Official Summary
National Origin-Based Antidiscrimination for Nonimmigrants Act or the NO BAN ActThis bill imposes limitations on the President's authority to suspend or restrict aliens from entering the United States. It also prohibits religious discrimination in various immigration-related decisions, such as whether to issue an immigrant or nonimmigrant 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 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.The bill transfers the authority to 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 from the Department of Justice to DHS.
Latest Action
Referred to the Subcommittee on Border Security and Enforcement.