I 

117TH CONGRESS 

1ST SESSION H. R. 1333 

To transfer and limit Executive Branch authority to suspend or restrict 

the entry of a class of aliens. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 25, 2021 

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

Mr. CARSON, Mr. BEYER, Mrs. DEMINGS, Mr. MEEKS, Mrs. CAROLYN B. 

MALONEY of New York, Mr. ESPAILLAT, Ms. MCCOLLUM, Mr. MCGOVERN, Ms. SCHAKOWSKY, Mr. GALLEGO, Mr. JOHNSON of Georgia, Ms. 

DEGETTE, Mr. FOSTER, Ms. STEVENS, Mr. EVANS, Mr. CASTRO of 

Texas, Ms. CLARKE of New York, Ms. VELA ́ZQUEZ, Mr. SHERMAN, Mr. 

COOPER, Ms. JAYAPAL, Mr. BLUMENAUER, Ms. SCANLON, Mr. QUIGLEY, 

Ms. MOORE of Wisconsin, Mr. GRIJALVA, Mr. RUSH, Ms. BONAMICI, Ms. 

MENG, Mrs. WATSON COLEMAN, Mr. MALINOWSKI, Mr. MCEACHIN, Mr. 

CONNOLLY, Mr. BRENDAN F. BOYLE of Pennsylvania, Ms. BARRAGA ́N, 

Mrs. NAPOLITANO, Ms. ESCOBAR, Mr. LIEU, Ms. PRESSLEY, Ms. LEE

of California, Mr. COHEN, Mrs. DINGELL, Mr. VARGAS, Mr. KEATING, 

Mr. LOWENTHAL, Mr. GOMEZ, Mr. CARBAJAL, Mr. LANGEVIN, Mr. 

WELCH, Mr. CORREA, Mr. RASKIN, Ms. NORTON, Mr. SIRES, Mr. PALLONE, Mr. GARCI ́A of Illinois, Mr. HASTINGS, Mr. TONKO, Ms. PINGREE, 

Mrs. TRAHAN, Ms. TITUS, Mr. SMITH of Washington, Mrs. BEATTY, Mr. 

CLEAVER, Mr. SUOZZI, Mr. PASCRELL, Mr. KILDEE, Mr. 

KRISHNAMOORTHI, Mr. NEGUSE, Mr. DESAULNIER, Ms. SPANBERGER, 

Mrs. LAWRENCE, Ms. ROSS, Ms. KELLY of Illinois, Mr. STANTON, Mr. 

GREEN of Texas, Mr. TAKANO, Mrs. TORRES of California, Ms. ESHOO, 

Mr. PRICE of North Carolina, Mrs. HAYES, Ms. SCHRIER, Mr. DANNY

K. DAVIS of Illinois, Mr. POCAN, Mrs. MCBATH, Mr. KIM of New Jersey, 

Ms. SPEIER, Ms. BUSH, Ms. GARCIA of Texas, Mr. BERA, Ms. DEAN, Mr. 

SWALWELL, Ms. SEWELL, Ms. STRICKLAND, Mr. JONES, Ms. WILLIAMS

of Georgia, Mr. KHANNA, Mr. LEVIN of California, Mr. AGUILAR, Ms. 

BASS, Mr. MCNERNEY, Mr. PAYNE, Mr. TORRES of New York, Ms. MATSUI, Mr. PANETTA, Mr. TRONE, Ms. OCASIO-CORTEZ, Mr. BROWN, Mrs. 

KIRKPATRICK, Mr. HUFFMAN, Mr. COSTA, Ms. DELBENE, Mr. 

CA ́RDENAS, Mr. RUIZ, Mr. HIMES, Mr. GARAMENDI, Ms. KAPTUR, Mr. 

SARBANES, Mr. CICILLINE, Mr. VEASEY, Mr. MORELLE, Mr. SEAN PATRICK MALONEY of New York, Mr. SCHIFF, Ms. HOULAHAN, Ms. CLARK

of Massachusetts, Mr. DEUTCH, Mr. BUTTERFIELD, Ms. WILD, Miss 

RICE of New York, Mrs. LURIA, and Mr. THOMPSON of California) introVerDate Sep 11 2014 00:40 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1333.IH H1333

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duced 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 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 inserting ‘‘or a nonimmigrant visa, ad11 mission or other entry into the United States, or the 

12 approval or revocation of any immigration benefit’’ 

13 after ‘‘immigrant visa’’; 

14 (2) by inserting ‘‘religion,’’ after ‘‘sex,’’; and 

15 (3) by inserting ‘‘, except if expressly required 

16 by statute, or if a statutorily authorized benefit 

17 takes into consideration such factors’’ before the pe18 riod at the end. 


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1 SEC. 3. TRANSFER AND LIMITATIONS ON AUTHORITY TO 

2 SUSPEND OR RESTRICT THE ENTRY OF A 

3 CLASS OF ALIENS. 

4 Section 212(f) of the Immigration and Nationality 

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

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

7 ENTRY OF A CLASS OF ALIENS.— 

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

9 if the Secretary of State, in consultation with the 

10 Secretary of Homeland Security, determines, based 

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

12 aliens or any class of aliens into the United States 

13 would undermine the security or public safety of the 

14 United States or the preservation of human rights, 

15 democratic processes or institutions, or international 

16 stability, the President may temporarily— 

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

18 class of aliens as immigrants or nonimmigrants; 

19 or 

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

21 of such aliens that the President deems appro22 priate. 

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

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

25 Secretary of Homeland Security shall— 


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

2 when required to address specific acts impli3 cating a compelling government interest in a 

4 factor identified in paragraph (1); 

5 ‘‘(B) narrowly tailor the suspension or re6 striction, using the least restrictive means, to 

7 achieve such compelling government interest; 

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

9 or restriction; 

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

11 restriction or suspension and apply a rebuttable 

12 presumption in favor of granting family-based 

13 and humanitarian waivers; and 

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

15 ‘‘(3) CONGRESSIONAL NOTIFICATION.— 

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

17 exercising the authority under paragraph (1), 

18 the Secretary of State and the Secretary of 

19 Homeland Security shall consult Congress and 

20 provide Congress with specific evidence sup21 porting the need for the suspension or restric22 tion and its proposed duration. 

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

24 than 48 hours after the President exercises the 

25 authority under paragraph (1), the Secretary of 


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1 State and the Secretary of Homeland Security 

2 shall provide a briefing and submit a written re3 port to Congress that describes— 

4 ‘‘(i) the action taken pursuant to 

5 paragraph (1) and the specified objective 

6 of such action; 

7 ‘‘(ii) the estimated number of individ8 uals who will be impacted by such action; 

9 ‘‘(iii) the constitutional and legislative 

10 authority under which such action took 

11 place; and 

12 ‘‘(iv) the circumstances necessitating 

13 such action, including how such action 

14 complies with paragraph (2), as well as 

15 any intelligence informing such actions. 

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

17 report described in subparagraph (B) are not 

18 provided to Congress during the 48 hours that 

19 begin when the President exercises the author20 ity under paragraph (1), the suspension or re21 striction shall immediately terminate absent in22 tervening congressional action. 

23 ‘‘(D) CONGRESSIONAL COMMITTEES.—The 

24 term ‘Congress’, as used in this paragraph, re25 fers to the Select Committee on Intelligence of 


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1 the Senate, the Committee on Foreign Rela2 tions of the Senate, the Committee on the Judi3 ciary of the Senate, the Committee on Home4 land Security and Governmental Affairs of the 

5 Senate, the Permanent Select Committee on In6 telligence of the House of Representatives, the 

7 Committee on Foreign Affairs of the House of 

8 Representatives, the Committee on the Judici9 ary of the House of Representatives, and the 

10 Committee on Homeland Security of the House 

11 of Representatives. 

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

13 and the Secretary of Homeland Security shall pub14 licly announce and publish an unclassified version of 

15 the report described in paragraph (3)(B) in the Fed16 eral Register. 

17 ‘‘(5) JUDICIAL REVIEW.— 

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

19 other provision of law, an individual or entity 

20 who is present in the United States and has 

21 been harmed by a violation of this subsection 

22 may file an action in an appropriate district 

23 court of the United States to seek declaratory 

24 or injunctive relief. 


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

2 may be construed to preclude an action filed 

3 pursuant to subparagraph (A) from proceeding 

4 as a class action. 

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

6 Whenever the Secretary of Homeland Security finds 

7 that a commercial airline has failed to comply with 

8 regulations of the Secretary of Homeland Security 

9 relating to requirements of airlines for the detection 

10 of fraudulent documents used by passengers trav11 eling to the United States (including the training of 

12 personnel in such detection), the Secretary of Home13 land Security may suspend the entry of some or all 

14 aliens transported to the United States by such air15 line. 

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

17 this section may be construed as authorizing the 

18 President, the Secretary of State, or the Secretary 

19 of Homeland Security to act in a manner incon20 sistent with the policy decisions expressed in the im21 migration laws.’’. 

22 SEC. 4. VISA APPLICANTS REPORT. 

23 (a) INITIAL REPORTS.— 

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

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


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1 of State, in coordination with the Secretary of 

2 Homeland Security and the heads of other relevant 

3 Federal agencies, shall submit a report to the con4 gressional committees referred to in section 

5 212(f)(3)(D) of the Immigration and Nationality 

6 Act, as amended by section 3 of this Act, that de7 scribes the implementation of Presidential Proclama8 tions 9645, 9822, and 9983 and Executive Orders 

9 13769, 13780, and 13815, during the effective pe10 riod of each such proclamation and order. 

11 (2) PRESIDENTIAL PROCLAMATION 9645 AND

12 9983.—In addition to the content described in para13 graph (1), the report submitted with respect to Pres14 idential Proclamation 9645, issued on September 24, 

15 2017, and Presidential Proclamation 9983, issued 

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

17 listed in such proclamation— 

18 (A) the total number of individuals who 

19 applied for a visa during the time period the 

20 proclamation was in effect, disaggregated by 

21 country and visa category; 

22 (B) the total number of visa applicants de23 scribed in subparagraph (A) who were ap24 proved, disaggregated by country and visa cat25 egory; 


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1 (C) the total number of visa applicants de2 scribed in subparagraph (A) who were refused, 

3 disaggregated by country and visa category, 

4 and the reasons they were refused; 

5 (D) the total number of visa applicants de6 scribed in subparagraph (A) whose applications 

7 remain pending, disaggregated by country and 

8 visa category; 

9 (E) the total number of visa applicants de10 scribed in subparagraph (A) who were granted 

11 a waiver, disaggregated by country and visa 

12 category; 

13 (F) the total number of visa applicants de14 scribed in subparagraph (A) who were denied a 

15 waiver, disaggregated by country and visa cat16 egory, and the reasons such waiver requests 

17 were denied; 

18 (G) the total number of refugees admitted, 

19 disaggregated by country; and 

20 (H) the complete reports that were sub21 mitted to the President every 180 days in ac22 cordance with section 4 of Presidential Procla23 mation 9645 in its original form, and as 

24 amended by Presidential Proclamation 9983. 


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

2 after the date on which the President exercises the author3 ity under section 212(f) of the Immigration and Nation4 ality Act (8 U.S.C. 1182(f)), as amended by section 3 of 

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

6 State, in coordination with the Secretary of Homeland Se7 curity and heads of other relevant Federal agencies, shall 

8 submit a report to the congressional committees referred 

9 to in paragraph (3)(D) of such section 212(f) that identi10 fies, with respect to countries affected by a suspension or 

11 restriction, the information described in subparagraphs 

12 (A) through (H) of subsection (a)(2) of this section and 

13 specific evidence supporting the need for the continued ex14 ercise of presidential authority under such section 212(f), 

15 including the information described in paragraph (3)(B) 

16 of such section 212(f). If the report described in this sub17 section is not provided to Congress in the time specified, 

18 the suspension or restriction shall immediately terminate 

19 absent intervening congressional action. A final report 

20 with such information shall be prepared and submitted to 

21 such congressional committees not later than 30 days 

22 after the suspension or restriction 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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