I 

116TH CONGRESS 

1ST SESSION H. R. 2214 

To transfer and limit Executive Branch authority to suspend or restrict 

the entry of a class of aliens. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2019 

Ms. JUDY CHU of California (for herself, Mr. PALLONE, Ms. ESHOO, Ms. 

CLARKE of New York, Mr. BLUMENAUER, Ms. STEVENS, Mrs. WATSON

COLEMAN, Mrs. NAPOLITANO, Miss RICE of New York, Ms. VELA ́ZQUEZ, 

Mr. KILDEE, Mr. DESAULNIER, Ms. DELBENE, Mr. POCAN, Mr. EVANS, 

Mrs. LAWRENCE, Ms. PRESSLEY, Mr. LEVIN of Michigan, Mr. DAVID

SCOTT of Georgia, Mr. GRIJALVA, Mr. BROWN of Maryland, Mr. NADLER, Ms. LOFGREN, Mr. CARSON of Indiana, Mr. BEYER, Ms. OMAR, Mr. 

KHANNA, Ms. JAYAPAL, Ms. TLAIB, Ms. NORTON, Ms. SCHAKOWSKY, 

Mr. ROSE of New York, Mr. ESPAILLAT, Mr. GOMEZ, Mrs. DINGELL, Mr. 

RUSH, Mr. SMITH of Washington, Mr. CA ́RDENAS, Ms. SHALALA, Mr. 

CORREA, Ms. OCASIO-CORTEZ, Ms. LEE of California, Mr. MALINOWSKI, 

Ms. SPANBERGER, Mr. MCGOVERN, Mr. COHEN, Mr. JOHNSON of Georgia, Mr. RUPPERSBERGER, Ms. MENG, Mr. TONKO, Mrs. TRAHAN, Mr. 

KENNEDY, Mr. MOULTON, Ms. ADAMS, Mr. CUMMINGS, Mr. CONNOLLY, 

Ms. ROYBAL-ALLARD, Mr. LEWIS, Mrs. KIRKPATRICK, Mr. SIRES, Ms. 

SLOTKIN, Mr. GREEN of Texas, Ms. MCCOLLUM, and Mr. DOGGETT) 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 transfer and limit Executive Branch authority to suspend 

or restrict the entry of a class of aliens. 


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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 TITLES. 

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, entry 

11 into the United States, or the approval or revocation 

12 of any immigration benefit’’ after ‘‘immigrant visa’’; 

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

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

15 by statute, or if a statutorily authorized benefit 

16 takes into consideration such factors’’ before the pe17 riod at the end. 

18 SEC. 3. TRANSFER AND LIMITATIONS ON AUTHORITY TO 

19 SUSPEND OR RESTRICT THE ENTRY OF A 

20 CLASS OF ALIENS. 

21 Section 212(f) of the Immigration and Nationality 

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

23 (1) in the subsection heading, by striking ‘‘BY

24 PRESIDENT’’; and 


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1 (2) by striking ‘‘Whenever the President’’ and 

2 all that follows through ‘‘appropriate.’’ and inserting 

3 the following: 

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

5 if the Secretary of State, after consultation with the 

6 Secretary of Homeland Security, determines, based 

7 on credible facts, that the entry of any aliens or of 

8 any class of aliens into the United States should be 

9 suspended or restricted to address specific acts that 

10 undermine the security or public safety of the 

11 United States; human rights; democratic processes 

12 or institutions; or international stability, the Presi13 dent may temporarily— 

14 ‘‘(A) suspend the entry of any aliens or 

15 any class of aliens as immigrants or non16 immigrants; or 

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

18 of aliens that the President considers to be ap19 propriate. 

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

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

22 Secretary of Homeland Security— 

23 ‘‘(A) shall provide specific evidence sup24 porting the determination; 


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1 ‘‘(B) shall comply with all provisions of 

2 this Act, including section 202(a)(1)(A); 

3 ‘‘(C) shall narrowly tailor the suspension 

4 or restriction to meet a compelling govern5 mental interest; 

6 ‘‘(D) shall specify the duration of the sus7 pension or restriction and set forth evidence 

8 justifying such duration; 

9 ‘‘(E) shall use the least restrictive means 

10 possible to achieve the specified governmental 

11 interest; and 

12 ‘‘(F) shall consider waivers to any class13 based restriction or suspension and apply a re14 buttable presumption in favor of granting fam15 ily-based and humanitarian waivers. 

16 ‘‘(3) CONSULTATION.—The President, the Sec17 retary of State, and the Secretary of Homeland Se18 curity shall consult with Congress before exercising 

19 the authority under paragraph (1). 

20 ‘‘(4) CONGRESSIONAL NOTIFICATION.—Not 

21 later than 48 hours after the President exercises the 

22 authority under paragraph (1), the Secretary of 

23 State and the Secretary of Homeland Security shall 

24 provide a briefing and submit a written report to the 

25 Committee on Foreign Relations of the Senate, the 


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1 Committee on the Judiciary of the Senate, the Com2 mittee on Homeland Security and Governmental Af3 fairs of the Senate, the Committee on Foreign Af4 fairs of the House of Representatives, the Com5 mittee on the Judiciary of the House of Representa6 tives, and the Committee on Homeland Security of 

7 the House of Representatives that describes— 

8 ‘‘(A) the actions taken pursuant to para9 graph (1) and the number of individuals to 

10 which such actions apply; 

11 ‘‘(B) the constitutional and legislative au12 thority under which such actions took place; 

13 and 

14 ‘‘(C) the circumstances necessitating the 

15 actions taken pursuant to paragraph (1), in16 cluding how such actions comply with the limi17 tations described in paragraph (2). 

18 ‘‘(5) PERIODIC REPORTING.—If the briefing re19 quired under paragraph (4) is not provided by the 

20 Secretary of State and the Secretary of Homeland 

21 Security within 48 hours after exercising the author22 ity under paragraph (1), and updated every 30 days 

23 thereafter, such emergency suspension or action 

24 shall immediately terminate absent intervening con25 gressional action. 


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1 ‘‘(6) PUBLICATION.—The Secretary of State 

2 and the Secretary of Homeland Security shall pub3 licly announce and publish in the Federal Register— 

4 ‘‘(A) the nature of the actions taken pur5 suant to paragraph (1); 

6 ‘‘(B) the estimated number of individuals 

7 impacted by such actions; 

8 ‘‘(C) the specified objective of each such 

9 action; and 

10 ‘‘(D) the circumstances necessitating such 

11 actions. 

12 ‘‘(7) JUDICIAL REVIEW.— 

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

14 other provision of law, an individual or entity 

15 who is present in the United States and has 

16 been harmed by a violation of this subsection 

17 may file an action in an appropriate district 

18 court of the United States to seek declaratory 

19 or injunctive relief. 

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

21 may be construed to preclude an action filed 

22 pursuant to subparagraph (A) from proceeding 

23 as a class action. 

24 ‘‘(8)’’. 


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1 SEC. 4. TERMINATION OF CERTAIN EXECUTIVE ACTIONS. 

2 (a) TERMINATION.—Presidential Proclamations 9645 

3 and 9822 and Executive Orders 13769, 13780, and 13815 

4 shall be void beginning on the date of the enactment of 

5 this Act. 

6 (b) EFFECT.—All actions made pursuant to any proc7 lamation or executive order terminated under subsection 

8 (a) shall cease on the date of the enactment of this Act. 

9 SEC. 5. VISA APPLICANTS REPORT. 

10 (a) INITIAL REPORTS.—Not later than 90 days after 

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

12 State, in coordination with the relevant heads of other 

13 Federal agencies, shall submit a report to the appropriate 

14 congressional committees that describes the implementa15 tion of each of the presidential proclamations and execu16 tive orders referred to in section 4. The report submitted 

17 with respect to Presidential Proclamation 9645 (‘‘Presi18 dential Proclamation Enhancing Vetting Capabilities and 

19 Processes for Detecting Attempted Entry Into the United 

20 States by Terrorists or Other Public-Safety Threats’’), 

21 issued on September 24, 2017, should include, for each 

22 country listed in Presidential Proclamation 9645 or in any 

23 subsequent amendment to such proclamation— 

24 (1) the total number of new visa applicants, 

25 disaggregated by country and visa category; 


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1 (2) the total number of visa applicants ap2 proved, disaggregated by country and visa category; 

3 (3) the total number of visa applicants rejected, 

4 disaggregated by country and visa category, and the 

5 reasons they were rejected; 

6 (4) the total number of pending visa applicants, 

7 disaggregated by country and visa category; 

8 (5) the total number of visa applicants granted 

9 a waiver, disaggregated by country and visa cat10 egory; 

11 (6) the total number of visa applicants denied 

12 a waiver under such section, disaggregated by coun13 try and visa category, and the reasons such waiver 

14 requests were denied; 

15 (7) the total number of refugees admitted, 

16 disaggregated by country; and 

17 (8) the complete reports that have been sub18 mitted to the President every 180 days in accord19 ance with section 4 of Presidential Proclamation 

20 9645. 

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

22 after the President exercises authority under section 

23 212(f) of the Immigration and Nationality Act, as amend24 ed by section 3, and every 30 days thereafter, the Sec25 retary of State, in coordination with the heads of other 


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1 relevant Federal agencies, shall submit a report to the ap2 propriate congressional committees that identifies, with 

3 respect to visa applications affected by a suspension or 

4 restriction authorized under such subsection, the informa5 tion described in paragraphs (1) through (7) of subsection 

6 (a). 

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

8 under subsections (a) and (b)— 

9 (1) shall be submitted in unclassified form; and 

10 (2) shall be made publicly available online. 

Æ 


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