NO BAN Act

Summary#

This bill changes how the United States can suspend or limit entry by groups of noncitizens. It expands the rule that bars discrimination in visas and entries to include nonimmigrant visas, admissions, and the approval or revocation of immigration benefits, and it adds religion to the listed protected categories. It replaces the prior wording of section 212(f) to require the Secretary of State, in consultation with the Secretary of Homeland Security, to base any proposed suspension or restriction on specific and credible facts. The President may then temporarily suspend or restrict entry of a class of aliens, but the bill sets legal limits: actions must address specific acts that implicate a compelling government interest, be narrowly tailored using the least restrictive means, have a specified duration, and consider waivers with a rebuttable presumption in favor of family-based and humanitarian waivers. The bill requires consultation with, and specific evidence provided to, designated congressional committees before an action and a written report and briefing within 48 hours after the action. If that briefing and report are not provided within 48 hours, the suspension or restriction ends. The bill also requires an unclassified public report in the Federal Register, allows people in the United States harmed by a violation of these rules to sue in federal court (including as a class), and permits the Secretary of Homeland Security to suspend entry of aliens transported by a commercial airline that failed to follow document-fraud detection rules. Separately, the Secretary of State must prepare public reports about past Presidential proclamations and executive orders named in the bill and provide frequent reports while any suspension is in effect, with failure to provide required reports causing a suspension to end.

What it means for you#

• If you apply for a visa or seek admission and your country is affected by a suspension or restriction, the bill requires more public reporting about applications, approvals, denials, waivers, and refugee admissions.
• Family and humanitarian waiver requests must be considered with a presumption in favor of granting them.
• If you are in the United States and believe you were harmed by a suspension or restriction that violated the bill, you may bring a federal court action for declaratory or injunctive relief, and such suits may proceed as class actions.
• Any suspension or restriction must be time-limited, narrowly tailored, and supported by specific, credible evidence provided to Congress.

Expenses#

No publicly available information.

Proponents' View#

The bill text frames the change as expanding nondiscrimination protections to more immigration decisions, adding religion as a protected characteristic, and creating rules and oversight for suspensions or restrictions on classes of aliens. It requires evidence-based decisions, narrow tailoring, specified durations, consideration of waivers (with family and humanitarian waivers favored), congressional briefings and reports, public reporting, and judicial review.

Opponents' View#

No publicly available information.