NO BAN Act

Bill: 117-hr-1333
Sponsor: Rep. Chu, Judy [D-CA-27]
Introduced: 2021-02-25 in the House
Policy area: Immigration
Subjects: Africa
Asia
Aviation and airports
Border security and unlawful immigration
Burma
Chad
Congressional oversight
Eritrea
Evidence and witnesses
Fraud offenses and financial crimes
Government information and archives
Homeland security
Human rights
Immigration status and procedures
Iran
Iraq
Judicial review and appeals
Kyrgyzstan
Latin America
Libya
Mexico
Middle East
Nigeria
North Korea
Presidents and presidential powers, Vice Presidents
Racial and ethnic relations
Refugees, asylum, displaced persons
Religion
Somalia
Sovereignty, recognition, national governance and status
Sudan
Syria
Tanzania
Terrorism
Transportation safety and security
Travel and tourism
Venezuela
Visas and passports
Yemen

Summary:
action_date: 2021-02-25
text: 

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.

action_date: 2021-04-16
text: 

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.

action_date: 2021-04-21
text: 

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.


Legislative actions:
action_date: 2021-04-22
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2021-04-21
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2021-04-21
text: On passage Passed by the Yeas and Nays: 218 - 208 (Roll no. 127). (text: CR H2005-2006)
action_date: 2021-04-21
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 218 - 208 (Roll no. 127).(text: CR H2005-2006)
action_date: 2021-04-21
text: On motion to recommit Failed by the Yeas and Nays: 208 - 216 (Roll no. 126).
action_date: 2021-04-21
text: Considered as unfinished business. (consideration: CR H2029-2030)
action_date: 2021-04-21
text: POSTPONED PROCEEDINGS - The Chair put the question on the Wenstrup motion to recommit and by voice vote, announced that the noes had prevailed. Mr. Wenstrup demanded the yeas and nays and the Chair postponed further proceedings on the until a time to be announced.
action_date: 2021-04-21
text: The previous question on the motion was ordered without objection.
action_date: 2021-04-21
text: Mr. Wenstrup moved to recommit to the Committee on the Judiciary. (text: CR H2015)
action_date: 2021-04-21
text: The previous question was ordered pursuant to the rule.
action_date: 2021-04-21
text: DEBATE - The House proceeded with one hour of debate on H.R. 1333.
action_date: 2021-04-21
text: Rule provides for consideration of H.R. 51, H.R. 1573 and H.R. 1333. Measure will be considered read. Bill is closed to amendments. The previous question on each measure is considered ordered without intervening motions except one hour of debate and a motion to recommit. H. Res. 316 and H. Con. Res. 30 are adopted.
action_date: 2021-04-21
text: Considered under the provisions of rule H. Res. 330. (consideration: CR H2005-2016)
action_date: 2021-04-20
text: Rule H. Res. 330 passed House.
action_date: 2021-04-20
text: Rules Committee Resolution H. Res. 330 Reported to House. Rule provides for consideration of H.R. 51, H.R. 1573 and H.R. 1333. Measure will be considered read. Bill is closed to amendments. The previous question on each measure is considered ordered without intervening motions except one hour of debate and a motion to recommit. H. Res. 316 and H. Con. Res. 30 are adopted.
action_date: 2021-04-16
text: Placed on the Union Calendar, Calendar No. 7.
action_date: 2021-04-16
text: Committee on Intelligence (Permanent) discharged.
action_date: 2021-04-16
text: Committee on Intelligence (Permanent) discharged.
action_date: 2021-04-16
text: Committee on Homeland Security discharged.
action_date: 2021-04-16
text: Committee on Homeland Security discharged.
action_date: 2021-04-16
text: Committee on Foreign Affairs discharged.
action_date: 2021-04-16
text: Committee on Foreign Affairs discharged.
action_date: 2021-04-16
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 117-20, Part I.
action_date: 2021-04-16
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 117-20, Part I.
action_date: 2021-04-14
text: Ordered to be Reported (Amended) by the Yeas and Nays: 25 - 17.
action_date: 2021-04-14
text: Committee Consideration and Mark-up Session Held.
action_date: 2021-02-26
text: Referred to the Subcommittee on Border Security, Facilitation, and Operations.
action_date: 2021-02-25
text: 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.
action_date: 2021-02-25
text: 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.
action_date: 2021-02-25
text: 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.
action_date: 2021-02-25
text: 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.
action_date: 2021-02-25
text: Introduced in House
action_date: 2021-02-25
text: Introduced in House