Title: NO BAN Act
Policy area: Immigration

Summary:
National Origin-Based Antidiscrimination for Nonimmigrants Act or the NO BAN Act
This bill imposes limitations on the President's authority to suspend or restrict aliens from entering the United States. It also prohibits religious discrimination in various immigration-related decisions, such as whether to issue an immigrant or nonimmigrant visa, unless there is a statutory basis for such discrimination.
The President may temporarily restrict the entry of any aliens or class of aliens after the Department of State determines that the restriction would address specific and credible facts that threaten U.S. interests such as security or public safety.
The bill also imposes limitations on such restrictions, such as requiring the President, State Department, and the Department of Homeland Security (DHS) to (1) only issue a restriction when required to address a compelling government interest, and (2) narrowly tailor the suspension to use the least restrictive means to achieve such an interest.
Before imposing a restriction, the State Department and DHS shall consult with Congress. The State Department and DHS shall report to Congress about the restriction within 48 hours of the restriction's imposition. If such a report is not made, the restriction shall immediately terminate.
Individuals or entities present in the United States and unlawfully harmed by such a restriction may sue in federal court.
DHS may suspend the entry of aliens traveling to the United States on a commercial airline that failed to comply with regulations related to detecting fraudulent travel documents.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1891 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1891

To transfer and limit Executive Branch authority to suspend or restrict 
                    the entry of a class of aliens.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 27, 2021

  Mr. Coons (for himself, Mr. Markey, Mr. Whitehouse, Ms. Smith, Mrs. 
 Feinstein, Mr. Blumenthal, Mr. Schatz, Ms. Cortez Masto, Ms. Baldwin, 
Mr. Casey, Mr. Bennet, Mr. Padilla, Ms. Cantwell, Mr. Lujan, Mr. Reed, 
  Mr. Cardin, Mr. Booker, Ms. Duckworth, Mr. Warner, Ms. Warren, Mr. 
    Kaine, Mr. Van Hollen, Ms. Hirono, Mr. Leahy, Mr. Durbin, Mrs. 
  Gillibrand, Mr. Wyden, Mr. Carper, Ms. Klobuchar, Mrs. Murray, Ms. 
 Rosen, Mr. King, Mr. Menendez, Mrs. Shaheen, Mr. Peters, Mr. Ossoff, 
  Mr. Merkley, Mr. Sanders, and Mr. Murphy) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 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 Representatives 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 Nationality Act (8 
U.S.C. 1152(a)(1)(A)) is amended--
            (1) by striking ``Except as specifically provided in 
        paragraph (2) and in sections 101(a)(27), 201(b)(2)(A)(i), and 
        203, no'' and inserting ``No'';
            (2) by inserting ``or a nonimmigrant visa, admission or 
        other entry into the United States, or the approval or 
        revocation of any immigration benefit'' after ``immigrant 
        visa'';
            (3) by inserting ``religion,'' after ``sex,''; and
            (4) by inserting before the period at the end the 
        following: ``, except as specifically provided in paragraph 
        (2), in sections 101(a)(27), 201(b)(2)(A)(i), and 203, if 
        otherwise expressly required by statute, or if a statutorily 
        authorized benefit takes into consideration such factors''.

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 appropriate.
            ``(2) Limitations.--In carrying out paragraph (1), the 
        President, the Secretary of State, and the Secretary of 
        Homeland Security shall--
                    ``(A) only issue a suspension or restriction when 
                required to address specific acts implicating a 
                compelling government interest in a factor identified 
                in paragraph (1);
                    ``(B) narrowly tailor the suspension or 
                restriction, 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 supporting the need for the 
                suspension or restriction 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 State and the Secretary 
                of Homeland Security shall provide a briefing and 
                submit a written report to Congress that describes--
                            ``(i) the action taken pursuant to 
                        paragraph (1) and the specified objective of 
                        such action;
                            ``(ii) the estimated number of individuals 
                        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 authority under paragraph (1), 
                the suspension or restriction shall immediately 
                terminate absent intervening congressional action.
                    ``(D) Congressional committees.--The term 
                `Congress', as used in this paragraph, refers to the 
                Select Committee on Intelligence of the Senate, the 
                Committee on Foreign Relations of the Senate, the 
                Committee on the Judiciary of the Senate, the Committee 
                on Homeland Security and Governmental Affairs of the 
                Senate, the Permanent Select Committee on Intelligence 
                of the House of Representatives, the Committee on 
                Foreign Affairs of the House of Representatives, the 
                Committee on the Judiciary 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 publicly announce and 
        publish an unclassified version of the report described in 
        paragraph (3)(B) in the Federal 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.
                    ``(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 traveling 
        to the United States (including the training of personnel in 
        such detection), the Secretary of Homeland Security may suspend 
        the entry of some or all aliens transported to the United 
        States by such airline.
            ``(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 
        inconsistent with the policy decisions expressed in the 
        immigration 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 of State, in 
        coordination with the Secretary of Homeland Security and the 
        heads of other relevant Federal agencies, shall submit a report 
        to the congressional committees referred to in section 
        212(f)(3)(D) of the Immigration and Nationality Act, as amended 
        by section 3 of this Act, that describes the implementation of 
        Presidential Proclamations 9645, 9822, and 9983 and Executive 
        Order Nos. 13769, 13780, and 13815, during the effective period 
        of each such proclamation and order.
            (2) Presidential proclamation 9645 and 9983.--In addition 
        to the content described in paragraph (1), the report submitted 
        with respect to Presidential 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 described 
                in subparagraph (A) who were approved, disaggregated by 
                country and visa category;
                    (C) the total number of visa applicants described 
                in subparagraph (A) who were refused, disaggregated by 
                country and visa category, and the reasons they were 
                refused;
                    (D) the total number of visa applicants described 
                in subparagraph (A) whose applications remain pending, 
                disaggregated by country and visa category;
                    (E) the total number of visa applicants described 
                in subparagraph (A) who were granted a waiver, 
                disaggregated by country and visa category;
                    (F) the total number of visa applicants described 
                in subparagraph (A) who were denied a waiver, 
                disaggregated by country and visa category, and the 
                reasons such waiver requests were denied;
                    (G) the total number of refugees admitted, 
                disaggregated by country; and
                    (H) the complete reports that were submitted to the 
                President every 180 days in accordance with section 4 
                of Presidential Proclamation 9645 in its original form, 
                and as amended by Presidential Proclamation 9983.
    (b) Additional Reports.--Not later than 30 days after the date on 
which the President exercises the authority under section 212(f) of the 
Immigration and Nationality Act (8 U.S.C. 1182(f)), as amended by 
section 3 of this Act, and every 30 days thereafter, the Secretary of 
State, in coordination with the Secretary of Homeland Security and 
heads of other relevant Federal agencies, shall submit a report to the 
congressional committees referred to in paragraph (3)(D) of such 
section 212(f) that identifies, with respect to countries affected by a 
suspension or restriction, the information described in subparagraphs 
(A) through (G) of subsection (a)(2) of this section and the specific 
evidence supporting the need for the continued exercise of presidential 
authority under such section 212(f), including the information 
described in paragraph (3)(B) of such section 212(f). If the report 
described in this subsection is not provided to such congressional 
committees in the time specified, the suspension or restriction shall 
immediately terminate absent intervening congressional action. A final 
report with such information shall be prepared and submitted to such 
congressional committees not later than 30 days after the suspension or 
restriction is lifted.
    (c) Form; Availability.--The reports required under subsections (a) 
and (b) shall be made publicly available online in unclassified form.
                                 <all>