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| Long title | To transfer and limit Executive Branch authority to suspend or restrict the entry of a class of aliens. |
|---|---|
| Announced in | the 117th United States Congress |
| Number of co-sponsors | 159 |
| Legislative history | |
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The NO BAN Act is a proposed United States law that would limit presidential authority to suspend or restrict the entry of non-citizens into the United States as well as expand nondiscrimination provisions in federal immigration law.[1][2]
The bill would amend key sections of the Immigration and Nationality Act of 1952 to place procedural constraints on executive actions affecting entry into the country, while increasing congressional oversight and allowing for judicial review of such decisions.[1][2]
Background
The legislation was introduced in response to the use of presidential authority during the first administration of Donald Trump, who undertook several executive actions restricting entry into the United States by certain foreign nationals. Trump's travel bans restricted entry for nationals of multiple predominantly Muslim-majority countries, as well as certain other states, and were upheld in part by the U.S. Supreme Court in Trump v. Hawaii.[2]
Provisions
The bill extends protections to cover not only immigrant visas but also nonimmigrant visas, entry decisions, and other immigration benefits, prohibiting discrimination based on characteristics such as religion.
The legislation focuses on revising Section 212(f), which allows the president to suspend or restrict the entry of non-citizens. Under the bill, this authority would remain in place but be subject to defined constraints: any restriction must be based on specific and credible evidence, tied to a compelling government interest such as national security or public safety, and narrowly tailored in scope and duration. The bill also requires consideration of waivers, particularly for family reunification and humanitarian cases.
In addition, the Act introduces new reporting and oversight requirements. The executive branch would be required to consult with Congress prior to imposing restrictions and submit detailed reports shortly afterward, including the scope, justification, and expected impact of the action. Failure to meet these requirements would result in the automatic termination of the restriction. The bill also provides for judicial review, allowing affected individuals to challenge actions taken under the revised authority.
Legislative history
As of April 28, 2021:
| Congress | Short title | Bill number(s) | Date introduced | Sponsor(s) | # of cosponsors | Latest status |
|---|---|---|---|---|---|---|
| 116th Congress | NO BAN Act of 2019 | H.R. 2214 | April 10, 2019 | Judy Chu
(D-CA) |
219 | Died in committee |
| S. 1123 | April 10, 2019 | Christopher Coons
(D-DE) |
41 | Died in committee | ||
| 117th Congress | NO BAN Act of 2021 | H.R. 1333 | February 25, 2021 | Judy Chu
(D-CA) |
159 | Passed in the House (218-208).[3] |
| S.1891 | May 27, 2021 | Christopher Coons
(D-DE) |
42 | Referred to committees of jurisdiction. |
See also
References
- "Editorial: The No Ban Act would limit the power of future President Trumps". Los Angeles Times. 2021-04-26. Retrieved 2021-04-28.
- Roberts, William. "US House passes bill to prevent another 'Muslim ban'". www.aljazeera.com. Retrieved 2021-04-28.
- Visser, Nick (2021-04-21). "House Votes To Restrict President From Imposing Travel Bans". HuffPost. Retrieved 2021-04-30.
External links
This article incorporates public domain material from websites or documents of the United States government.