I 

115TH CONGRESS 

1ST SESSION H. R. 1075 

To provide that the Executive Order entitled ‘‘Protecting the Nation from 

Foreign Terrorist Entry into the United States’’ (January 27, 2017) 

shall have no force or effect, to prohibit the use of Federal funds 

to enforce the Executive Order, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2017 

Ms. CLARKE of New York (for herself, Mr. SOTO, Mr. BROWN of Maryland, 

Ms. NORTON, Ms. BASS, Mr. KIHUEN, Ms. FUDGE, Mr. AL GREEN of 

Texas, Mr. CLYBURN, Mr. THOMPSON of Mississippi, Mr. VEASEY, Mr. 

EVANS, Mr. BUTTERFIELD, Mr. MEEKS, Mr. CLEAVER, Mrs. DEMINGS, 

Ms. KELLY of Illinois, Mr. LAWSON of Florida, and Ms. EDDIE BERNICE

JOHNSON of Texas) 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 

A BILL 

To provide that the Executive Order entitled ‘‘Protecting 

the Nation from Foreign Terrorist Entry into the United 

States’’ (January 27, 2017) shall have no force or effect, 

to prohibit the use of Federal funds to enforce the Executive Order, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Freedom for Refugees 

3 Escaping Enmity (FREE) Act’’. 

4 SEC. 2. NULLIFICATION OF EFFECT OF EXECUTIVE ORDER. 

5 (a) IN GENERAL.—The Executive Order entitled 

6 ‘‘Protecting the Nation from Foreign Terrorist Entry into 

7 the United States’’ (January 27, 2017) (‘‘the Executive 

8 Order’’), is null and void, shall have no force or effect, 

9 and may not be implemented, administered, enforced, or 

10 carried out. 

11 (b) EFFECTIVE DATE.—Subsection (a) shall take ef12 fect as if enacted concurrent with the execution of the Ex13 ecutive Order. 

14 (c) NO FUNDS AVAILABLE.—No amounts (including 

15 fees) made available to the Secretary of Homeland Secu16 rity, or to any other official of a Federal agency, by any 

17 Act for any fiscal year, may be used to implement, admin18 ister, enforce, or carry out (including through the issuance 

19 of any regulations) any of the policy changes set forth in 

20 the Executive Order. 

21 (d) RELEASE OF ALIENS IN CUSTODY.—The Sec22 retary of Homeland Security shall release any alien in cus23 tody under the authority of the Executive Order. 

24 (e) REVOKED VISAS.—The Secretary of State shall 

25 ensure that any visa or other documentation issued to an 

26 alien and revoked, or provisionally revoked, under the auVerDate Sep 11 2014 19:49 Feb 22, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1075.IH H1075

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1 thority of the Executive Order is reinstated, reissued, or 

2 replaced, as appropriate, unless a consular officer knows, 

3 or has reason to believe, that the alien is ineligible to re4 ceive the visa or documentation under section 212 of the 

5 Immigration and Nationality Act (8 U.S.C. 1182) or any 

6 other provision of the immigration laws (as defined in sec7 tion 101(a)(17) of the Immigration and Nationality Act 

8 (8 U.S.C. 1101(a)(17))). The Secretary of State shall en9 sure that, in the case of an alien who was unable to apply 

10 for admission before the expiration of the validity of the 

11 alien’s visa by reason of the Executive Order, the visa is 

12 timely renewed or replaced, as appropriate, in order to af13 ford the alien an opportunity to apply for admission, un14 less a consular officer knows, or has reason to believe, that 

15 the alien is ineligible to receive the visa or documentation 

16 under section 212 of the Immigration and Nationality Act 

17 (8 U.S.C. 1182) or any other provision of the immigration 

18 laws (as defined in section 101(a)(17) of the Immigration 

19 and Nationality Act (8 U.S.C. 1101(a)(17))). 

20 (f) VISA REFUSAL.—The Secretary of State shall en21 sure that any decision by a consular officer to refuse a 

22 visa or other documentation under the authority of the 

23 Executive Order is reconsidered by the consular officer in 

24 order to determine whether the consular officer knows, or 

25 has reason to believe, that the alien is ineligible to receive 


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1 the visa or documentation under section 212 of the Immi2 gration and Nationality Act (8 U.S.C. 1182) or any other 

3 provision of the immigration laws (as defined in section 

4 101(a)(17) of the Immigration and Nationality Act (8 

5 U.S.C. 1101(a)(17))). 

6 (g) NO EFFECT ON IMMIGRATION STATUS OR BENE7 FITS.—The Executive Order, and any action taken under 

8 the authority of the Executive Order, shall not be consid9 ered to have modified or otherwise affected the immigra10 tion status, or eligibility for any immigration benefit, 

11 under the immigration laws (as defined in section 

12 101(a)(17) of the Immigration and Nationality Act (8 

13 U.S.C. 1101(a)(17))) of any person. Section 206 the Im14 migration and Nationality Act (8 U.S.C. 1156), section 

15 212(a)(9)(A) of such Act (8 U.S.C. 1182(a)(9)(A)), and 

16 section 276 of such Act (8 U.S.C. 1326) shall not be con17 strued to apply to any denial of admission, removal, or 

18 departure from the United States under the authority of 

19 the Executive Order. No alien may be adversely affected 

20 for any withdrawal of an application for admission or 

21 other voluntary departure from the United States initiated 

22 due to the Executive Order. The registration of any alien 

23 may not be terminated under section 203(g) of the Immi24 gration and Nationality Act (8 U.S.C. 1153(g)) if the 


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1 alien fails timely to apply for an immigrant visa by reason 

2 of the Executive Order. 

3 SEC. 3. NONDISCRIMINATION IN THE ISSUANCE OF IMMI4 GRANT VISAS BASED ON RELIGION. 

5 Section 202(a)(1)(A) of the Immigration and Nation6 ality Act (8 U.S.C. 1152(a)(1)(A)) is amended by insert7 ing ‘‘religion or lack of religious beliefs,’’ after ‘‘sex,’’. 

8 SEC. 4. PROHIBITION ON DENYING ADMISSION OR ENTRY 

9 BECAUSE OF RELIGION. 

10 (a) IN GENERAL.—Chapter 2 of title I of the Immi11 gration and Nationality Act (8 U.S.C. 1181 et seq.) is 

12 amended by inserting after section 219 the following: 

13 ‘‘SEC. 220. PROHIBITION ON DENYING ADMISSION OR 

14 ENTRY BECAUSE OF RELIGION. 

15 ‘‘Notwithstanding any other provision of the immi16 gration laws, an alien may not be denied entry, reentry, 

17 or admission to the United States because of the alien’s 

18 religion or lack of religious beliefs.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents 

20 for the Immigration and Nationality Act (8 U.S.C. 1101 

21 et seq.) is amended by inserting after the item relating 

22 to section 219 the following: 

‘‘Sec. 220. Prohibition on denying admission or entry because of religion.’’. 

23 SEC. 5. LIMITATION ON PRESIDENTIAL AUTHORITY. 

24 Section 212(f) of the Immigration and Nationality 

25 Act (8 U.S.C. 1182(f)) is amended— 


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1 (1) by striking ‘‘(f)’’ and inserting ‘‘(f)(1)’’; and 

2 (2) by adding at the end the following: 

3 ‘‘(2)(A) Beginning on the date of the enactment of 

4 this paragraph, the President, notwithstanding paragraph 

5 (1) and section 215(a)(1), may not exercise the Presi6 dent’s authority under such provisions so as to modify the 

7 requirements under the immigration laws for entry, re8 entry, or admission, as applied to an alien having, on the 

9 date of such exercise of authority— 

10 ‘‘(i) a valid and unexpired immigrant or non11 immigrant visa; or 

12 ‘‘(ii) valid and unexpired status as— 

13 ‘‘(I) an alien lawfully admitted for perma14 nent residence; 

15 ‘‘(II) a refugee who qualifies for admission, 

16 or who has been admitted, under section 

17 207(c)(1); or 

18 ‘‘(III) an alien granted asylum. 

19 ‘‘(B) Nothing in subparagraph (A) shall be construed 

20 to affect the authorities under subsections (h) and (i) of 

21 section 221.’’. 

Æ 


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