To transfer and limit Executive Branch authority to suspend or restrict the entry of a class of aliens.
Sponsors
Legislative Progress
IntroducedMs. Chu (for herself, Mr. Nadler, Mr. Beyer, Ms. Tlaib, …
Summary
What This Bill Does
The NO BAN Act (National Origin-Based Antidiscrimination for Nonimmigrants Act) restricts the President's power to impose broad immigration bans based on nationality or religion. It transfers authority for entry restrictions from the President alone to a process requiring the Secretary of State and Secretary of Homeland Security to justify any restrictions with "specific and credible facts" and demonstrate a "compelling government interest."
Who Benefits and How
Immigrants and visa applicants from previously banned countries benefit most directly, as the bill prevents blanket bans targeting entire nationalities or religious groups. The bill explicitly adds "religion" to the list of protected characteristics in visa decisions.
Individuals harmed by travel bans gain new legal recourse - the bill creates an explicit right to sue in federal court for declaratory or injunctive relief, including as a class action.
Congress gains significant oversight authority, with mandatory briefings within 48 hours of any restriction and automatic termination of restrictions if reports are not filed on time.
Who Bears the Burden and How
The Executive Branch loses significant discretionary power over immigration restrictions. The President can no longer unilaterally impose travel bans without evidence-based justification and congressional consultation.
The State Department and DHS face new reporting requirements, including mandatory reports within 48 hours of any restriction and ongoing 30-day reports while restrictions remain in effect.
Key Provisions
- Expands non-discrimination protections in immigration law to cover nonimmigrant visas and adds "religion" as a protected characteristic
- Requires entry restrictions be based on "specific and credible facts" addressing a "compelling government interest"
- Mandates congressional consultation before imposing restrictions and briefings within 48 hours after
- Creates automatic termination of restrictions if required reports are not submitted to Congress on time
- Establishes explicit judicial review rights for individuals harmed by violations, including class action lawsuits
- Requires detailed reporting on the implementation of past travel bans (Proclamations 9645, 9822, 9983 and Executive Orders 13769, 13780, 13815)
Evidence Chain:
This summary is derived from the structured analysis below. See "Detailed Analysis" for per-title beneficiaries/burden bearers with clause-level evidence links.
Primary Purpose
The bill aims to transfer authority from the Executive Branch regarding entry restrictions for specific classes of aliens, ensuring that such actions are based on credible facts and address compelling government interests.
Policy Domains
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
Key Definitions
Terms defined in this bill
The short title given to this bill, emphasizing its focus on preventing discrimination based on national origin or religion in the issuance of nonimmigrant visas and entry into the United States.
A section of the Immigration and Nationality Act that outlines the President's authority to temporarily suspend or restrict entry for specific classes of aliens, subject to consultation with the Secretary of State and Homeland Security.
Directives from the Executive Branch of government that have force of law. In this context, it refers to orders related to immigration policies, such as Nos. 13769, 13780, and 13815.
A section of the Immigration and Nationality Act that prohibits discrimination based on sex, religion, or other factors in the issuance of immigrant visas.
Executive orders issued by the President that have implications for immigration, such as Proclamation 9645, 9822, and 9983, which are referenced in this bill.
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology