Plain Language Summary
# NO BAN Act Summary The NO BAN Act (National Origin-Based Antidiscrimination for Nonimmigrants Act) would limit the President's power to ban or restrict people from entering the United States. Currently, the President has broad authority to suspend entry of foreign nationals based on national security or public safety concerns. This bill would require that any such restrictions be based on specific, credible threats rather than broad categories, and would explicitly prohibit restrictions based on religion or national origin unless there's a specific legal reason. The bill affects anyone seeking to enter the U.S., particularly immigrants and visitors from countries that might be subject to travel restrictions.
Key provisions include requiring the State Department and Department of Homeland Security to prove that restrictions address a "compelling government interest" and use the "least restrictive means" possible—meaning narrowly targeted rules rather than sweeping bans. The bill essentially adds legal guardrails around the President's existing power to restrict immigration, requiring stronger justification and limiting discrimination based on religion or national origin. As of now, the bill (S 398) remains in committee and has not been voted on by the full Senate. It was introduced by Senator Christopher Coons (D-Delaware) in the current 119th Congress.
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
Read twice and referred to the Committee on the Judiciary.