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. MCGOV-
ERN, 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. PAL-
LONE, 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. MAT-
SUI, 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 PAT-
RICK 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) intro-
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duced the following bill; which was referred to the Committee on the Ju-
diciary, and in addition to the Committees on Foreign Affairs, Homeland 
Security, and Intelligence (Permanent Select), for a period to be subse-
quently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Origin-Based 
Antidiscrimination for Nonimmigrants Act’’ or the ‘‘NO 
BAN Act’’. 
SEC. 2. EXPANSION OF NONDISCRIMINATION PROVISION. 
Section 202(a)(1)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1152(a)(1)(A)) is amended— 
(1) by inserting ‘‘or a nonimmigrant visa, ad-
mission or other entry into the United States, or the 
approval or revocation of any immigration benefit’’ 
after ‘‘immigrant visa’’; 
(2) by inserting ‘‘religion,’’ after ‘‘sex,’’; and 
(3) by inserting ‘‘, except if expressly required 
by statute, or if a statutorily authorized benefit 
takes into consideration such factors’’ before the pe-
riod at the end. 
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SEC. 3. TRANSFER AND LIMITATIONS ON AUTHORITY TO 
SUSPEND OR RESTRICT THE ENTRY OF A 
CLASS OF ALIENS. 
Section 212(f) of the Immigration and Nationality 
Act (8 U.S.C. 1182(f)) is amended to read as follows: 
‘‘(f) AUTHORITY TO SUSPEND OR RESTRICT THE 
ENTRY OF A CLASS OF ALIENS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
if the Secretary of State, in consultation with the 
Secretary of Homeland Security, determines, based 
on specific and credible facts, that the entry of any 
aliens or any class of aliens into the United States 
would undermine the security or public safety of the 
United States or the preservation of human rights, 
democratic processes or institutions, or international 
stability, the President may temporarily— 
‘‘(A) suspend the entry of such aliens or 
class of aliens as immigrants or nonimmigrants; 
or 
‘‘(B) impose any restrictions on the entry 
of such aliens that the President deems appro-
priate. 
‘‘(2) LIMITATIONS.—In carrying out paragraph 
(1), the President, the Secretary of State, and the 
Secretary of Homeland Security shall— 
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‘‘(A) only issue a suspension or restriction 
when required to address specific acts impli-
cating a compelling government interest in a 
factor identified in paragraph (1); 
‘‘(B) narrowly tailor the suspension or re-
striction, using the least restrictive means, to 
achieve such compelling government interest; 
‘‘(C) specify the duration of the suspension 
or restriction; 
‘‘(D) consider waivers to any class-based 
restriction or suspension and apply a rebuttable 
presumption in favor of granting family-based 
and humanitarian waivers; and 
‘‘(E) comply with all provisions of this Act. 
‘‘(3) CONGRESSIONAL NOTIFICATION.— 
‘‘(A) IN GENERAL.—Prior to the President 
exercising the authority under paragraph (1), 
the Secretary of State and the Secretary of 
Homeland Security shall consult Congress and 
provide Congress with specific evidence sup-
porting the need for the suspension or restric-
tion and its proposed duration. 
‘‘(B) BRIEFING AND REPORT.—Not later 
than 48 hours after the President exercises the 
authority under paragraph (1), the Secretary of 
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State and the Secretary of Homeland Security 
shall provide a briefing and submit a written re-
port to Congress that describes— 
‘‘(i) the action taken pursuant to 
paragraph (1) and the specified objective 
of such action; 
‘‘(ii) the estimated number of individ-
uals who will be impacted by such action; 
‘‘(iii) the constitutional and legislative 
authority under which such action took 
place; and 
‘‘(iv) the circumstances necessitating 
such action, including how such action 
complies with paragraph (2), as well as 
any intelligence informing such actions. 
‘‘(C) TERMINATION.—If the briefing and 
report described in subparagraph (B) are not 
provided to Congress during the 48 hours that 
begin when the President exercises the author-
ity under paragraph (1), the suspension or re-
striction shall immediately terminate absent in-
tervening congressional action. 
‘‘(D) CONGRESSIONAL COMMITTEES.—The 
term ‘Congress’, as used in this paragraph, re-
fers to the Select Committee on Intelligence of 
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the Senate, the Committee on Foreign Rela-
tions of the Senate, the Committee on the Judi-
ciary of the Senate, the Committee on Home-
land Security and Governmental Affairs of the 
Senate, the Permanent Select Committee on In-
telligence of the House of Representatives, the 
Committee on Foreign Affairs of the House of 
Representatives, the Committee on the Judici-
ary of the House of Representatives, and the 
Committee on Homeland Security of the House 
of Representatives. 
‘‘(4) PUBLICATION.—The Secretary of State 
and the Secretary of Homeland Security shall pub-
licly announce and publish an unclassified version of 
the report described in paragraph (3)(B) in the Fed-
eral Register. 
‘‘(5) JUDICIAL REVIEW.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, an individual or entity 
who is present in the United States and has 
been harmed by a violation of this subsection 
may file an action in an appropriate district 
court of the United States to seek declaratory 
or injunctive relief. 
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‘‘(B) CLASS ACTION.—Nothing in this Act 
may be construed to preclude an action filed 
pursuant to subparagraph (A) from proceeding 
as a class action. 
‘‘(6) TREATMENT OF COMMERCIAL AIRLINES.— 
Whenever the Secretary of Homeland Security finds 
that a commercial airline has failed to comply with 
regulations of the Secretary of Homeland Security 
relating to requirements of airlines for the detection 
of fraudulent documents used by passengers trav-
eling to the United States (including the training of 
personnel in such detection), the Secretary of Home-
land Security may suspend the entry of some or all 
aliens transported to the United States by such air-
line. 
‘‘(7) RULE
OF
CONSTRUCTION.—Nothing in 
this section may be construed as authorizing the 
President, the Secretary of State, or the Secretary 
of Homeland Security to act in a manner incon-
sistent with the policy decisions expressed in the im-
migration laws.’’. 
SEC. 4. VISA APPLICANTS REPORT. 
(a) INITIAL REPORTS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary 
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of State, in coordination with the Secretary of 
Homeland Security and the heads of other relevant 
Federal agencies, shall submit a report to the con-
gressional 
committees 
referred 
to 
in 
section 
212(f)(3)(D) of the Immigration and Nationality 
Act, as amended by section 3 of this Act, that de-
scribes the implementation of Presidential Proclama-
tions 9645, 9822, and 9983 and Executive Orders 
13769, 13780, and 13815, during the effective pe-
riod of each such proclamation and order. 
(2) PRESIDENTIAL
PROCLAMATION
9645
AND 
9983.—In addition to the content described in para-
graph (1), the report submitted with respect to Pres-
idential Proclamation 9645, issued on September 24, 
2017, and Presidential Proclamation 9983, issued 
on January 31, 2020, shall include, for each country 
listed in such proclamation— 
(A) the total number of individuals who 
applied for a visa during the time period the 
proclamation was in effect, disaggregated by 
country and visa category; 
(B) the total number of visa applicants de-
scribed in subparagraph (A) who were ap-
proved, disaggregated by country and visa cat-
egory; 
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