Freedom for Refugees Escaping Enmity (FREE) Act

Summary: Freedom for Refugees Escaping Enmity (FREE) Act This bill nullifies Executive Order 13769, entitled &quot;Protecting the Nation from Foreign Terrorist Entry into the United States.&quot; No federal funds may be used to implement or enforce any of the policy changes set forth in such order.  Among the order's major provisions are restrictions on the entry of immigrants and nonimmigrants from seven countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen) and additional limitations on refugee admissions to the United States.  The Department of Homeland Security shall release any alien in custody under authority of such order. Visas or documentation that were revoked or refused under authority of such order shall be reissued or reconsidered as appropriate unless a consular officer knows, or has reason to believe, that the alien is ineligible to receive the visa or documentation under any provision of the immigration laws. The Immigration and Nationality Act is amended to prohibit an alien from being given immigration visa preference, being discriminated against, or being denied U.S. entry or admission based upon religion or lack of religious beliefs. The President may may not exercise his or her authority to suspend or restrict the U.S. entry of aliens or classes of aliens so as to modify the entry, reentry, or admission requirements of an alien having a valid and unexpired: (1) immigrant or nonimmigrant visa, or (2) refugee or legal permanent resident status. 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom for Refugees Escaping Enmity 
(FREE) Act''.

SEC. 2. NULLIFICATION OF EFFECT OF EXECUTIVE ORDER.

    (a) In General.--The Executive Order entitled ``Protecting the 
Nation from Foreign Terrorist Entry into the United States'' (January 
27, 2017) (``the Executive Order''), is null and void, shall have no 
force or effect, and may not be implemented, administered, enforced, or 
carried out.
    (b) Effective Date.--Subsection (a) shall take effect as if enacted 
concurrent with the execution of the Executive Order.
    (c) No Funds Available.--No amounts (including fees) made available 
to the Secretary of Homeland Security, or to any other official of a 
Federal agency, by any Act for any fiscal year, may be used to 
implement, administer, enforce, or carry out (including through the 
issuance of any regulations) any of the policy changes set forth in the 
Executive Order.
    (d) Release of Aliens in Custody.--The Secretary of Homeland 
Security shall release any alien in custody under the authority of the 
Executive Order.
    (e) Revoked Visas.--The Secretary of State shall ensure that any 
visa or other documentation issued to an alien and revoked, or 
provisionally revoked, under the authority of the Executive Order is 
reinstated, reissued, or replaced, as appropriate, unless a consular 
officer knows, or has reason to believe, that the alien is ineligible 
to receive the visa or documentation under section 212 of the 
Immigration and Nationality Act (8 U.S.C. 1182) or any other provision 
of the immigration laws (as defined in section 101(a)(17) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))). The Secretary 
of State shall ensure that, in the case of an alien who was unable to 
apply for admission before the expiration of the validity of the 
alien's visa by reason of the Executive Order, the visa is timely 
renewed or replaced, as appropriate, in order to afford the alien an 
opportunity to apply for admission, unless a consular officer knows, or 
has reason to believe, that the alien is ineligible to receive the visa 
or documentation under section 212 of the Immigration and Nationality 
Act (8 U.S.C. 1182) or any other provision of the immigration laws (as 
defined in section 101(a)(17) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(17))).
    (f) Visa Refusal.--The Secretary of State shall ensure that any 
decision by a consular officer to refuse a visa or other documentation 
under the authority of the Executive Order is reconsidered by the 
consular officer in order to determine whether the consular officer 
knows, or has reason to believe, that the alien is ineligible to 
receive the visa or documentation under section 212 of the Immigration 
and Nationality Act (8 U.S.C. 1182) or any other provision of the 
immigration laws (as defined in section 101(a)(17) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(17))).
    (g) No Effect on Immigration Status or Benefits.--The Executive 
Order, and any action taken under the authority of the Executive Order, 
shall not be considered to have modified or otherwise affected the 
immigration status, or eligibility for any immigration benefit, under 
the immigration laws (as defined in section 101(a)(17) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) of any person. 
Section 206 the Immigration and Nationality Act (8 U.S.C. 1156), 
section 212(a)(9)(A) of such Act (8 U.S.C. 1182(a)(9)(A)), and section 
276 of such Act (8 U.S.C. 1326) shall not be construed to apply to any 
denial of admission, removal, or departure from the United States under 
the authority of the Executive Order. No alien may be adversely 
affected for any withdrawal of an application for admission or other 
voluntary departure from the United States initiated due to the 
Executive Order. The registration of any alien may not be terminated 
under section 203(g) of the Immigration and Nationality Act (8 U.S.C. 
1153(g)) if the alien fails timely to apply for an immigrant visa by 
reason of the Executive Order.

SEC. 3. NONDISCRIMINATION IN THE ISSUANCE OF IMMIGRANT VISAS BASED ON 
              RELIGION.

    Section 202(a)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1152(a)(1)(A)) is amended by inserting ``religion or lack of 
religious beliefs,'' after ``sex,''.

SEC. 4. PROHIBITION ON DENYING ADMISSION OR ENTRY BECAUSE OF RELIGION.

    (a) In General.--Chapter 2 of title I of the Immigration and 
Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after 
section 219 the following:

``SEC. 220. PROHIBITION ON DENYING ADMISSION OR ENTRY BECAUSE OF 
              RELIGION.

    ``Notwithstanding any other provision of the immigration laws, an 
alien may not be denied entry, reentry, or admission to the United 
States because of the alien's religion or lack of religious beliefs.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item relating to section 219 the following:

``Sec. 220. Prohibition on denying admission or entry because of 
                            religion.''.

SEC. 5. LIMITATION ON PRESIDENTIAL AUTHORITY.

    Section 212(f) of the Immigration and Nationality Act (8 U.S.C. 
1182(f)) is amended--
            (1) by striking ``(f)'' and inserting ``(f)(1)''; and
            (2) by adding at the end the following:
    ``(2)(A) Beginning on the date of the enactment of this paragraph, 
the President, notwithstanding paragraph (1) and section 215(a)(1), may 
not exercise the President's authority under such provisions so as to 
modify the requirements under the immigration laws for entry, reentry, 
or admission, as applied to an alien having, on the date of such 
exercise of authority--
            ``(i) a valid and unexpired immigrant or nonimmigrant visa; 
        or
            ``(ii) valid and unexpired status as--
                    ``(I) an alien lawfully admitted for permanent 
                residence;
                    ``(II) a refugee who qualifies for admission, or 
                who has been admitted, under section 207(c)(1); or
                    ``(III) an alien granted asylum.
    ``(B) Nothing in subparagraph (A) shall be construed to affect the 
authorities under subsections (h) and (i) of section 221.''.