H.R. 924, the National Origin-Based Antidiscrimination for Nonimmigrants Act (NO BAN Act), would both constrain the Executive Branch’s ability to suspend or restrict entry of groups of people and broaden non-discrimination protections in immigration law. It expands the scope of nondiscrimination to cover nonimmigrant entries and immigration benefits beyond immigrant visas, and adds religion as a protected factor (alongside sex). The bill tightens and subject-ifies the President’s authority to suspend or restrict entry of a class of aliens (INA 212(f)) by requiring that any action be narrowly tailored to a compelling government interest, include a clear duration, and allow for waivers with a presumption in favor of family-based and humanitarian cases. It also increases congressional oversight, mandates public reporting, and enhances transparency and judicial review, including potential class actions for individuals harmed by such actions. In addition, it sets reporting requirements related to past and current visa policy actions and strengthens accountability for airlines in enforcing fraud-detection standards.
Key Points
- 1Expands nondiscrimination protections under immigration law to include nonimmigrant visas and entry, and adds religion as a protected factor; clarifies that certain statutorily required benefits or specific statutory provisions do not undermine these protections.
- 2Amends 212(f) to require that any suspension or restriction on entry of a class of aliens be based on specific, credible facts, narrowly tailored, time-limited, and subject to waivers with a rebuttable presumption in favor family-based and humanitarian cases; adds explicit congressional notification and public reporting requirements; permits judicial review and class actions.
- 3Establishes substantive oversight and transparency requirements, including a mandatory 48-hour briefings to Congress after action, and a publication requirement for an unclassified version of related reports in the Federal Register.
- 4Imposes airline-related enforcement, allowing DHS to suspend entry of aliens transported by airlines that fail to comply with fraud-detection regulations.
- 5Mandates detailed visa-related reporting (initial and ongoing), including data on applications, approvals, refusals, waivers, refugees, and the handling of proclamations and executive orders, with public online availability.