Freedom for Refugees Escaping Enmity (FREE) Act

To provide that the Executive Order entitled Protecting the Nation from Foreign Terrorist Entry into the United States 1. Short title This Act may be cited as the Freedom for Refugees Escaping Enmity (FREE) Act 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 the Executive Order (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 8 U.S.C. 1101(a)(17) 8 U.S.C. 1182 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 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) 8 U.S.C. 1156 8 U.S.C. 1182(a)(9)(A) 8 U.S.C. 1326 8 U.S.C. 1153(g) 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) religion or lack of religious beliefs, sex, 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 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 Sec. 220. Prohibition on denying admission or entry because of religion. . 5. Limitation on Presidential authority Section 212(f) of the Immigration and Nationality Act ( 8 U.S.C. 1182(f) (1) by striking (f) (f)(1) (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. .

Summary: Freedom for Refugees Escaping Enmity (FREE) Act This bill nullifies Executive Order 13769, entitled "Protecting the Nation from Foreign Terrorist Entry into the United States." 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.