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. NAD-
LER, 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 Geor-
gia, 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) in-
troduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committees on Foreign Affairs, Home-
land 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 con-
cerned 
A BILL 
To transfer and limit Executive Branch authority to suspend 
or restrict the entry of a class of aliens. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLES. 
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, 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. 
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— 
(1) in the subsection heading, by striking ‘‘BY 
PRESIDENT’’; and 
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(2) by striking ‘‘Whenever the President’’ and 
all that follows through ‘‘appropriate.’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
if the Secretary of State, after consultation with the 
Secretary of Homeland Security, determines, based 
on credible facts, that the entry of any aliens or of 
any class of aliens into the United States should be 
suspended or restricted to address specific acts that 
undermine the security or public safety of the 
United States; human rights; democratic processes 
or institutions; or international stability, the Presi-
dent may temporarily— 
‘‘(A) suspend the entry of any aliens or 
any class of aliens as immigrants or non-
immigrants; or 
‘‘(B) impose any restrictions on the entry 
of aliens that the President considers to be ap-
propriate. 
‘‘(2) LIMITATIONS.—In carrying out paragraph 
(1), the President, the Secretary of State, and the 
Secretary of Homeland Security— 
‘‘(A) shall provide specific evidence sup-
porting the determination; 
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‘‘(B) shall comply with all provisions of 
this Act, including section 202(a)(1)(A); 
‘‘(C) shall narrowly tailor the suspension 
or restriction to meet a compelling govern-
mental interest; 
‘‘(D) shall specify the duration of the sus-
pension or restriction and set forth evidence 
justifying such duration; 
‘‘(E) shall use the least restrictive means 
possible to achieve the specified governmental 
interest; and 
‘‘(F) shall consider waivers to any class- 
based restriction or suspension and apply a re-
buttable presumption in favor of granting fam-
ily-based and humanitarian waivers. 
‘‘(3) CONSULTATION.—The President, the Sec-
retary of State, and the Secretary of Homeland Se-
curity shall consult with Congress before exercising 
the authority under paragraph (1). 
‘‘(4) 
CONGRESSIONAL
NOTIFICATION.—Not 
later than 48 hours after the President exercises the 
authority under paragraph (1), the Secretary of 
State and the Secretary of Homeland Security shall 
provide a briefing and submit a written report to the 
Committee on Foreign Relations of the Senate, the 
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Committee on the Judiciary of the Senate, the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate, the Committee on Foreign Af-
fairs of the House of Representatives, the Com-
mittee on the Judiciary of the House of Representa-
tives, and the Committee on Homeland Security of 
the House of Representatives that describes— 
‘‘(A) the actions taken pursuant to para-
graph (1) and the number of individuals to 
which such actions apply; 
‘‘(B) the constitutional and legislative au-
thority under which such actions took place; 
and 
‘‘(C) the circumstances necessitating the 
actions taken pursuant to paragraph (1), in-
cluding how such actions comply with the limi-
tations described in paragraph (2). 
‘‘(5) PERIODIC REPORTING.—If the briefing re-
quired under paragraph (4) is not provided by the 
Secretary of State and the Secretary of Homeland 
Security within 48 hours after exercising the author-
ity under paragraph (1), and updated every 30 days 
thereafter, such emergency suspension or action 
shall immediately terminate absent intervening con-
gressional action. 
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‘‘(6) PUBLICATION.—The Secretary of State 
and the Secretary of Homeland Security shall pub-
licly announce and publish in the Federal Register— 
‘‘(A) the nature of the actions taken pur-
suant to paragraph (1); 
‘‘(B) the estimated number of individuals 
impacted by such actions; 
‘‘(C) the specified objective of each such 
action; and 
‘‘(D) the circumstances necessitating such 
actions. 
‘‘(7) 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. 
‘‘(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. 
‘‘(8)’’. 
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SEC. 4. TERMINATION OF CERTAIN EXECUTIVE ACTIONS. 
(a) TERMINATION.—Presidential Proclamations 9645 
and 9822 and Executive Orders 13769, 13780, and 13815 
shall be void beginning on the date of the enactment of 
this Act. 
(b) EFFECT.—All actions made pursuant to any proc-
lamation or executive order terminated under subsection 
(a) shall cease on the date of the enactment of this Act. 
SEC. 5. VISA APPLICANTS REPORT. 
(a) INITIAL REPORTS.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
State, in coordination with the relevant heads of other 
Federal agencies, shall submit a report to the appropriate 
congressional committees that describes the implementa-
tion of each of the presidential proclamations and execu-
tive orders referred to in section 4. The report submitted 
with respect to Presidential Proclamation 9645 (‘‘Presi-
dential Proclamation Enhancing Vetting Capabilities and 
Processes for Detecting Attempted Entry Into the United 
States by Terrorists or Other Public-Safety Threats’’), 
issued on September 24, 2017, should include, for each 
country listed in Presidential Proclamation 9645 or in any 
subsequent amendment to such proclamation— 
(1) the total number of new visa applicants, 
disaggregated by country and visa category; 
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(2) the total number of visa applicants ap-
proved, disaggregated by country and visa category; 
(3) the total number of visa applicants rejected, 
disaggregated by country and visa category, and the 
reasons they were rejected; 
(4) the total number of pending visa applicants, 
disaggregated by country and visa category; 
(5) the total number of visa applicants granted 
a waiver, disaggregated by country and visa cat-
egory; 
(6) the total number of visa applicants denied 
a waiver under such section, disaggregated by coun-
try and visa category, and the reasons such waiver 
requests were denied; 
(7) the total number of refugees admitted, 
disaggregated by country; and 
(8) the complete reports that have been sub-
mitted to the President every 180 days in accord-
ance with section 4 of Presidential Proclamation 
9645. 
(b) ADDITIONAL REPORTS.—Not later than 30 days 
after the President exercises authority under section 
212(f) of the Immigration and Nationality Act, as amend-
ed by section 3, and every 30 days thereafter, the Sec-
retary of State, in coordination with the heads of other 
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relevant Federal agencies, shall submit a report to the ap-
propriate congressional committees that identifies, with 
respect to visa applications affected by a suspension or 
restriction authorized under such subsection, the informa-
tion described in paragraphs (1) through (7) of subsection 
(a). 
(c) FORM; AVAILABILITY.—The reports required 
under subsections (a) and (b)— 
(1) shall be submitted in unclassified form; and 
(2) shall be made publicly available online. 
Æ 
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