I 

118TH CONGRESS 

2D SESSION H. R. 9244 

To transfer and limit Executive Branch authority to suspend or restrict 

the entry of a class of aliens. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 2, 2024 

Ms. CHU (for herself, Mr. NADLER, Mr. BEYER, Ms. OMAR, Ms. TLAIB, Mr. 

CARSON, Mr. TORRES of New York, Ms. VELA ́ZQUEZ, Ms. PINGREE, Mr. 

QUIGLEY, Ms. DELBENE, Ms. JAYAPAL, Ms. DEGETTE, Ms. STEVENS, 

Ms. NORTON, Mr. BOYLE of Pennsylvania, Ms. WILLIAMS of Georgia, 

Mr. TONKO, Ms. SCANLON, Ms. BUSH, Mr. MCGOVERN, Mr. RUIZ, Mr. 

JOHNSON of Georgia, Ms. BONAMICI, Ms. STRICKLAND, Ms. KELLY of 

Illinois, Mr. TRONE, Mr. TAKANO, Mrs. MCBATH, Mr. SWALWELL, Mr. 

CONNOLLY, Mr. HUFFMAN, Mr. GRIJALVA, Mr. KRISHNAMOORTHI, Mr. 

GREEN of Texas, Mr. PETERS, Mr. SCHNEIDER, Ms. MCCOLLUM, Ms. 

LOIS FRANKEL of Florida, Mrs. DINGELL, Mrs. HAYES, Mr. CLEAVER, 

Mr. SCHIFF, Ms. SPANBERGER, Mr. MORELLE, Mr. VEASEY, Ms. MENG, 

Mr. DAVIS of Illinois, Mrs. FLETCHER, Mr. SOTO, Mr. GARAMENDI, Mr. 

ALLRED, Mrs. BEATTY, Ms. ESHOO, Mr. DESAULNIER, Mr. COHEN, Mr. 

CASTEN, Ms. BARRAGA ́N, Mr. EVANS, Mr. KHANNA, Mr. COSTA, Mr. 

GOMEZ, Mr. GARCI ́A of Illinois, Mr. BERA, Mrs. NAPOLITANO, Mr. PASCRELL, Mr. POCAN, Ms. PRESSLEY, Mr. CARBAJAL, Ms. DELAURO, Mr. 

RASKIN, Ms. MOORE of Wisconsin, Ms. GARCIA of Texas, Mr. SMITH of 

Washington, Mr. PANETTA, Mrs. TRAHAN, Ms. CLARKE of New York, 

Mr. CASTRO of Texas, Mr. VARGAS, Ms. SCHRIER, Mrs. RAMIREZ, Ms. 

LEE of California, Mr. STANTON, and Mr. ESPAILLAT) introduced the 

following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committees on Foreign Affairs, Homeland Security, 

and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 


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A BILL 

To transfer and limit Executive Branch authority to suspend 

or restrict the entry of a class of aliens. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Origin-Based 

5 Antidiscrimination for Nonimmigrants Act’’ or the ‘‘NO 

6 BAN Act’’. 

7 SEC. 2. EXPANSION OF NONDISCRIMINATION PROVISION. 

8 Section 202(a)(1)(A) of the Immigration and Nation9 ality Act (8 U.S.C. 1152(a)(1)(A)) is amended— 

10 (1) by striking ‘‘Except as specifically provided 

11 in paragraph (2) and in sections 101(a)(27), 

12 201(b)(2)(A)(i), and 203, no’’ and inserting ‘‘No’’; 

13 (2) by inserting ‘‘or a nonimmigrant visa, ad14 mission or other entry into the United States, or the 

15 approval or revocation of any immigration benefit’’ 

16 after ‘‘immigrant visa’’; 

17 (3) by inserting ‘‘religion,’’ after ‘‘sex,’’; and 

18 (4) by inserting before the period at the end the 

19 following: ‘‘, except as specifically provided in para20 graph (2), in sections 101(a)(27), 201(b)(2)(A)(i), 

21 and 203, if otherwise expressly required by statute, 


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1 or if a statutorily authorized benefit takes into con2 sideration such factors’’. 

3 SEC. 3. TRANSFER AND LIMITATIONS ON AUTHORITY TO 

4 SUSPEND OR RESTRICT THE ENTRY OF A 

5 CLASS OF ALIENS. 

6 Section 212(f) of the Immigration and Nationality 

7 Act (8 U.S.C. 1182(f)) is amended to read as follows: 

8 ‘‘(f) AUTHORITY TO SUSPEND OR RESTRICT THE

9 ENTRY OF A CLASS OF ALIENS.— 

10 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

11 if the Secretary of State, in consultation with the 

12 Secretary of Homeland Security, determines, based 

13 on specific and credible facts, that the entry of any 

14 aliens or any class of aliens into the United States 

15 would undermine the security or public safety of the 

16 United States or the preservation of human rights, 

17 democratic processes or institutions, or international 

18 stability, the President may temporarily— 

19 ‘‘(A) suspend the entry of such aliens or 

20 class of aliens as immigrants or nonimmigrants; 

21 or 

22 ‘‘(B) impose any restrictions on the entry 

23 of such aliens that the President deems appro24 priate. 


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1 ‘‘(2) LIMITATIONS.—In carrying out paragraph 

2 (1), the President, the Secretary of State, and the 

3 Secretary of Homeland Security shall— 

4 ‘‘(A) only issue a suspension or restriction 

5 when required to address specific acts impli6 cating a compelling government interest in a 

7 factor identified in paragraph (1); 

8 ‘‘(B) narrowly tailor the suspension or re9 striction, using the least restrictive means, to 

10 achieve such compelling government interest; 

11 ‘‘(C) specify the duration of the suspension 

12 or restriction; 

13 ‘‘(D) consider waivers to any class-based 

14 restriction or suspension and apply a rebuttable 

15 presumption in favor of granting family-based 

16 and humanitarian waivers; and 

17 ‘‘(E) comply with all provisions of this Act. 

18 ‘‘(3) CONGRESSIONAL NOTIFICATION.— 

19 ‘‘(A) IN GENERAL.—Prior to the President 

20 exercising the authority under paragraph (1), 

21 the Secretary of State and the Secretary of 

22 Homeland Security shall consult Congress and 

23 provide Congress with specific evidence sup24 porting the need for the suspension or restric25 tion and its proposed duration. 


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1 ‘‘(B) BRIEFING AND REPORT.—Not later 

2 than 48 hours after the President exercises the 

3 authority under paragraph (1), the Secretary of 

4 State and the Secretary of Homeland Security 

5 shall provide a briefing and submit a written re6 port to Congress that describes— 

7 ‘‘(i) the action taken pursuant to 

8 paragraph (1) and the specified objective 

9 of such action; 

10 ‘‘(ii) the estimated number of individ11 uals who will be impacted by such action; 

12 ‘‘(iii) the constitutional and legislative 

13 authority under which such action took 

14 place; and 

15 ‘‘(iv) the circumstances necessitating 

16 such action, including how such action 

17 complies with paragraph (2), as well as 

18 any intelligence informing such actions. 

19 ‘‘(C) TERMINATION.—If the briefing and 

20 report described in subparagraph (B) are not 

21 provided to Congress during the 48 hours that 

22 begin when the President exercises the author23 ity under paragraph (1), the suspension or re24 striction shall immediately terminate absent in25 tervening congressional action. 


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1 ‘‘(D) CONGRESSIONAL COMMITTEES.—The 

2 term ‘Congress’, as used in this paragraph, re3 fers to the Select Committee on Intelligence of 

4 the Senate, the Committee on Foreign Rela5 tions of the Senate, the Committee on the Judi6 ciary of the Senate, the Committee on Home7 land Security and Governmental Affairs of the 

8 Senate, the Permanent Select Committee on In9 telligence of the House of Representatives, the 

10 Committee on Foreign Affairs of the House of 

11 Representatives, the Committee on the Judici12 ary of the House of Representatives, and the 

13 Committee on Homeland Security of the House 

14 of Representatives. 

15 ‘‘(4) PUBLICATION.—The Secretary of State 

16 and the Secretary of Homeland Security shall pub17 licly announce and publish an unclassified version of 

18 the report described in paragraph (3)(B) in the Fed19 eral Register. 

20 ‘‘(5) JUDICIAL REVIEW.— 

21 ‘‘(A) IN GENERAL.—Notwithstanding any 

22 other provision of law, an individual or entity 

23 who is present in the United States and has 

24 been harmed by a violation of this subsection 

25 may file an action in an appropriate district 


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1 court of the United States to seek declaratory 

2 or injunctive relief. 

3 ‘‘(B) CLASS ACTION.—Nothing in this Act 

4 may be construed to preclude an action filed 

5 pursuant to subparagraph (A) from proceeding 

6 as a class action. 

7 ‘‘(6) TREATMENT OF COMMERCIAL AIRLINES.— 

8 Whenever the Secretary of Homeland Security finds 

9 that a commercial airline has failed to comply with 

10 regulations of the Secretary of Homeland Security 

11 relating to requirements of airlines for the detection 

12 of fraudulent documents used by passengers trav13 eling to the United States (including the training of 

14 personnel in such detection), the Secretary of Home15 land Security may suspend the entry of some or all 

16 aliens transported to the United States by such air17 line. 

18 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in 

19 this section may be construed as authorizing the 

20 President, the Secretary of State, or the Secretary 

21 of Homeland Security to act in a manner incon22 sistent with the policy decisions expressed in the im23 migration laws.’’. 

24 SEC. 4. VISA APPLICANTS REPORT. 

25 (a) INITIAL REPORTS.— 


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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of the enactment of this Act, the Secretary 

3 of State, in coordination with the Secretary of 

4 Homeland Security and the heads of other relevant 

5 Federal agencies, shall submit a report to the con6 gressional committees referred to in section 

7 212(f)(3)(D) of the Immigration and Nationality 

8 Act, as amended by section 3 of this Act, that de9 scribes the implementation of Presidential Proclama10 tions 9645, 9822, and 9983 and Executive Order 

11 Nos. 13769, 13780, and 13815, during the effective 

12 period of each such proclamation and order. 

13 (2) PRESIDENTIAL PROCLAMATION 9645 AND

14 9983.—In addition to the content described in para15 graph (1), the report submitted with respect to Pres16 idential Proclamation 9645, issued on September 24, 

17 2017, and Presidential Proclamation 9983, issued 

18 on January 31, 2020, shall include, for each country 

19 listed in such proclamation— 

20 (A) the total number of individuals who 

21 applied for a visa during the time period the 

22 proclamation was in effect, disaggregated by 

23 country and visa category; 

24 (B) the total number of visa applicants de25 scribed in subparagraph (A) who were apVerDate Sep 11 2014 04:20 Aug 31, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H9244.IH H9244

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1 proved, disaggregated by country and visa cat2 egory; 

3 (C) the total number of visa applicants de4 scribed in subparagraph (A) who were refused, 

5 disaggregated by country and visa category, 

6 and the reasons they were refused; 

7 (D) the total number of visa applicants de8 scribed in subparagraph (A) whose applications 

9 remain pending, disaggregated by country and 

10 visa category; 

11 (E) the total number of visa applicants de12 scribed in subparagraph (A) who were granted 

13 a waiver, disaggregated by country and visa 

14 category; 

15 (F) the total number of visa applicants de16 scribed in subparagraph (A) who were denied a 

17 waiver, disaggregated by country and visa cat18 egory, and the reasons such waiver requests 

19 were denied; 

20 (G) the total number of refugees admitted, 

21 disaggregated by country; and 

22 (H) the complete reports that were sub23 mitted to the President every 180 days in ac24 cordance with section 4 of Presidential ProclaVerDate Sep 11 2014 04:20 Aug 31, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H9244.IH H9244

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1 mation 9645 in its original form, and as 

2 amended by Presidential Proclamation 9983. 

3 (b) ADDITIONAL REPORTS.—Not later than 30 days 

4 after the date on which the President exercises the author5 ity under section 212(f) of the Immigration and Nation6 ality Act (8 U.S.C. 1182(f)), as amended by section 3 of 

7 this Act, and every 30 days thereafter, the Secretary of 

8 State, in coordination with the Secretary of Homeland Se9 curity and heads of other relevant Federal agencies, shall 

10 submit a report to the congressional committees referred 

11 to in paragraph (3)(D) of such section 212(f) that identi12 fies, with respect to countries affected by a suspension or 

13 restriction, the information described in subparagraphs 

14 (A) through (G) of subsection (a)(2) of this section and 

15 the specific evidence supporting the need for the continued 

16 exercise of presidential authority under such section 

17 212(f), including the information described in paragraph 

18 (3)(B) of such section 212(f). If the report described in 

19 this subsection is not provided to such congressional com20 mittees in the time specified, the suspension or restriction 

21 shall immediately terminate absent intervening congres22 sional action. A final report with such information shall 

23 be prepared and submitted to such congressional commit24 tees not later than 30 days after the suspension or restric25 tion is lifted. 


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1 (c) FORM; AVAILABILITY.—The reports required 

2 under subsections (a) and (b) shall be made publicly avail3 able online in unclassified form. 

Æ 


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