This legislation, titled the National Origin-Based Antidiscrimination for Nonimmigrants Act or the NO BAN Act, aims to significantly reform the Executive Branch's authority to restrict entry into the United States. It expands existing nondiscrimination provisions within the Immigration and Nationality Act (INA) to explicitly prohibit discrimination based on religion , in addition to other factors, across all immigration benefits, including nonimmigrant visas and admissions. The bill transfers the initial determination for suspending or restricting alien entry from the President to the Secretary of State, in consultation with the Secretary of Homeland Security. This determination must be based on specific and credible facts indicating a threat to U.S. security, public safety, human rights, democratic processes, or international stability. Any such suspension or restriction must be narrowly tailored , use the least restrictive means , specify its duration, and include a rebuttable presumption for granting family-based and humanitarian waivers. To enhance congressional oversight, the bill mandates that the Secretaries consult Congress and provide supporting evidence *before* exercising this authority. Furthermore, a detailed briefing and written report must be submitted to Congress within 48 hours *after* any restriction is imposed, outlining the action, its objective, estimated impact, and compliance with limitations. Failure to provide this report within the specified timeframe results in the immediate termination of the suspension or restriction. The legislation also introduces a right to judicial review , allowing individuals or entities harmed by a violation to seek declaratory or injunctive relief in federal court, including through class actions. It requires public announcement and publication of unclassified reports in the Federal Register for any restrictions. Additionally, the bill mandates comprehensive reports on the implementation and impact of past presidential proclamations and executive orders related to entry restrictions, as well as ongoing 30-day reports for any new restrictions, with non-compliance leading to termination.
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Referred to the Subcommittee on Border Security and Enforcement.
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.
Referred to the Subcommittee on Border Security and Enforcement.
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.
This legislation, titled the National Origin-Based Antidiscrimination for Nonimmigrants Act or the NO BAN Act, aims to significantly reform the Executive Branch's authority to restrict entry into the United States. It expands existing nondiscrimination provisions within the Immigration and Nationality Act (INA) to explicitly prohibit discrimination based on religion , in addition to other factors, across all immigration benefits, including nonimmigrant visas and admissions. The bill transfers the initial determination for suspending or restricting alien entry from the President to the Secretary of State, in consultation with the Secretary of Homeland Security. This determination must be based on specific and credible facts indicating a threat to U.S. security, public safety, human rights, democratic processes, or international stability. Any such suspension or restriction must be narrowly tailored , use the least restrictive means , specify its duration, and include a rebuttable presumption for granting family-based and humanitarian waivers. To enhance congressional oversight, the bill mandates that the Secretaries consult Congress and provide supporting evidence *before* exercising this authority. Furthermore, a detailed briefing and written report must be submitted to Congress within 48 hours *after* any restriction is imposed, outlining the action, its objective, estimated impact, and compliance with limitations. Failure to provide this report within the specified timeframe results in the immediate termination of the suspension or restriction. The legislation also introduces a right to judicial review , allowing individuals or entities harmed by a violation to seek declaratory or injunctive relief in federal court, including through class actions. It requires public announcement and publication of unclassified reports in the Federal Register for any restrictions. Additionally, the bill mandates comprehensive reports on the implementation and impact of past presidential proclamations and executive orders related to entry restrictions, as well as ongoing 30-day reports for any new restrictions, with non-compliance leading to termination.
Referred to the Subcommittee on Border Security and Enforcement.
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.
Referred to the Subcommittee on Border Security and Enforcement.
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.