119-hr924

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 924 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 924

To transfer and limit Executive Branch authority to suspend or restrict 
 the entry of a class of aliens.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 4, 2025

 Ms. Chu (for herself, Mr. Nadler, Mr. Beyer, Ms. Tlaib, Ms. Omar, Mr. 
 Carson, Ms. Scanlon, Mr. Grijalva, Mr. Johnson of Georgia, Ms. 
 Schakowsky, Mr. Costa, Ms. Jayapal, Ms. Norton, Mr. Schneider, Ms. 
 Barragan, Mr. Swalwell, Ms. DelBene, Ms. Williams of Georgia, Mr. 
 McGovern, Ms. Meng, Mr. Morelle, Mr. Casten, Ms. Brownley, Mrs. 
 Ramirez, Mr. Tonko, Mr. Huffman, Ms. McCollum, Ms. Lois Frankel of 
Florida, Mrs. McIver, Mr. Carbajal, Mr. Green of Texas, Ms. Underwood, 
Mr. Pocan, Ms. Garcia of Texas, Mr. Cleaver, Mr. Boyle of Pennsylvania, 
 Mr. Panetta, Mr. Connolly, Ms. Moore of Wisconsin, Ms. Ocasio-Cortez, 
 Mr. Soto, Ms. Titus, Mr. Turner of Texas, Mr. Krishnamoorthi, Mrs. 
 Beatty, Mr. Garcia of California, Mr. Evans of Pennsylvania, Ms. 
Balint, Mr. Vargas, Mr. Thanedar, Mr. Peters, Ms. Velazquez, Mr. Garcia 
 of Illinois, Mr. Khanna, Mr. Smith of Washington, Ms. Crockett, Ms. 
 Strickland, Ms. Tokuda, Ms. Bonamici, Ms. DeGette, Ms. DeLauro, Ms. 
Pingree, Mrs. Fletcher, Mr. DeSaulnier, Mr. Stanton, Mr. Espaillat, Mr. 
Gomez, Mrs. Dingell, Ms. Lee of Pennsylvania, Mr. Raskin, Mr. Pallone, 
 Ms. McClellan, Mr. Amo, Mr. Bera, Mr. Garamendi, Mrs. Hayes, Ms. 
Schrier, Mr. Cohen, Ms. Kelly of Illinois, Ms. Pressley, Mr. Jackson of 
Illinois, Ms. Ansari, Mr. Subramanyam, Ms. Hoyle of Oregon, Ms. Clarke 
 of New York, Ms. Waters, Mr. Goldman of New York, and Ms. Escobar) 
 introduced the following bill; which was 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

_______________________________________________________________________

 A BILL

To transfer and limit Executive Branch authority to suspend or restrict 
 the entry of a class of aliens.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``National Origin-Based 
Antidiscrimination for Nonimmigrants Act'' or the ``NO BAN Act''.

SEC. 2. EXPANSION OF NONDISCRIMINATION PROVISION.

 

Section 202

    (a)

    (1)
        (A) of the Immigration and Nationality Act (8 
U.S.C. 1152

    (a)

    (1)
        (A) ) is amended--

    (1) by striking ``Except as specifically provided in 
 paragraph

    (2) and in sections 101

    (a)

    (27) , 201

    (b)

    (2)
        (A)
            (i) , and 
 203, no'' and inserting ``No'';

    (2) by inserting ``or a nonimmigrant visa, admission or 
 other entry into the United States, or the approval or 
 revocation of any immigration benefit'' after ``immigrant 
 visa'';

    (3) by inserting ``religion,'' after ``sex,''; and

    (4) by inserting before the period at the end the 
 following: ``, except as specifically provided in paragraph

    (2) , in sections 101

    (a)

    (27) , 201

    (b)

    (2)
        (A)
            (i) , and 203, if 
 otherwise expressly required by statute, or if a statutorily 
 authorized benefit takes into consideration such factors''.

SEC. 3. TRANSFER AND LIMITATIONS ON AUTHORITY TO SUSPEND OR RESTRICT 
 THE ENTRY OF A CLASS OF ALIENS.

 

Section 212

    (f) of the Immigration and Nationality Act (8 U.S.C. 
1182

    (f) ) is amended to read as follows:
 ``

    (f) Authority To Suspend or Restrict the Entry of a Class of 
Aliens.--
 ``

    (1) In general.--Subject to paragraph

    (2) , if the 
 Secretary of State, in consultation with the Secretary of 
 Homeland Security, determines, based on specific and credible 
 facts, that the entry of any aliens or any class of aliens into 
 the United States would undermine the security or public safety 
 of the United States or the preservation of human rights, 
 democratic processes or institutions, or international 
 stability, the President may temporarily--
 ``
        (A) suspend the entry of such aliens or class of 
 aliens as immigrants or nonimmigrants; or
 ``
        (B) impose any restrictions on the entry of such 
 aliens that the President deems appropriate.
 ``

    (2) Limitations.--In carrying out paragraph

    (1) , the 
 President, the Secretary of State, and the Secretary of 
 Homeland Security shall--
 ``
        (A) only issue a suspension or restriction when 
 required to address specific acts implicating a 
 compelling government interest in a factor identified 
 in paragraph

    (1) ;
 ``
        (B) narrowly tailor the suspension or 
 restriction, using the least restrictive means, to 
 achieve such compelling government interest;
 ``
            (C) specify the duration of the suspension or 
 restriction;
 ``
            (D) consider waivers to any class-based 
 restriction or suspension and apply a rebuttable 
 presumption in favor of granting family-based and 
 humanitarian waivers; and
 ``
        (E) comply with all provisions of this Act.
 ``

    (3) Congressional notification.--
 ``
        (A) In general.--Prior to the President 
 exercising the authority under paragraph

    (1) , the 
 Secretary of State and the Secretary of Homeland 
 Security shall consult Congress and provide Congress 
 with specific evidence supporting the need for the 
 suspension or restriction and its proposed duration.
 ``
        (B) Briefing and report.--Not later than 48 hours 
 after the President exercises the authority under 
 paragraph

    (1) , the Secretary of State and the Secretary 
 of Homeland Security shall provide a briefing and 
 submit a written report to Congress that describes--
 ``
            (i) the action taken pursuant to 
 paragraph

    (1) and the specified objective of 
 such action;
 ``
            (ii) the estimated number of individuals 
 who will be impacted by such action;
 ``
            (iii) the constitutional and legislative 
 authority under which such action took place; 
 and
 ``
            (iv) the circumstances necessitating such 
 action, including how such action complies with 
 paragraph

    (2) , as well as any intelligence 
 informing such actions.
 ``
            (C) Termination.--If the briefing and report 
 described in subparagraph
        (B) are not provided to 
 Congress during the 48 hours that begin when the 
 President exercises the authority under paragraph

    (1) , 
 the suspension or restriction shall immediately 
 terminate absent intervening congressional action.
 ``
            (D) Congressional committees.--The term 
 `Congress', as used in this paragraph, refers to the 
 Select Committee on Intelligence of the Senate, the 
 Committee on Foreign Relations of the Senate, the 
 Committee on the Judiciary of the Senate, the Committee 
 on Homeland Security and Governmental Affairs of the 
 Senate, the Permanent Select Committee on Intelligence 
 of the House of Representatives, the Committee on 
 Foreign Affairs of the House of Representatives, the 
 Committee on the Judiciary of the House of 
 Representatives, and the Committee on Homeland Security 
 of the House of Representatives.
 ``

    (4) Publication.--The Secretary of State and the 
 Secretary of Homeland Security shall publicly announce and 
 publish an unclassified version of the report described in 
 paragraph

    (3)
        (B) in the Federal Register.
 ``

    (5) Judicial review.--
 ``
        (A) In general.--Notwithstanding any other 
 provision of law, an individual or entity who is 
 present in the United States and has been harmed by a 
 violation of this subsection may file an action in an 
 appropriate district court of the United States to seek 
 declaratory or injunctive relief.
 ``
        (B) Class action.--Nothing in this Act may be 
 construed to preclude an action filed pursuant to 
 subparagraph
        (A) from proceeding as a class action.
 ``

    (6) Treatment of commercial airlines.--Whenever the 
 Secretary of Homeland Security finds that a commercial airline 
 has failed to comply with regulations of the Secretary of 
 Homeland Security relating to requirements of airlines for the 
 detection of fraudulent documents used by passengers traveling 
 to the United States (including the training of personnel in 
 such detection), the Secretary of Homeland Security may suspend 
 the entry of some or all aliens transported to the United 
 States by such airline.
 ``

    (7) Rule of construction.--Nothing in this section may be 
 construed as authorizing the President, the Secretary of State, 
 or the Secretary of Homeland Security to act in a manner 
 inconsistent with the policy decisions expressed in the 
 immigration laws.''.

SEC. 4. VISA APPLICANTS REPORT.

    (a) Initial Reports.--

    (1) In general.--Not later than 90 days after the date of 
 the enactment of this Act, the Secretary of State, in 
 coordination with the Secretary of Homeland Security and the 
 heads of other relevant Federal agencies, shall submit a report 
 to the congressional committees referred to in 

section 212

    (f)

    (3)
            (D) of the Immigration and Nationality Act, as amended 
 by 

section 3 of this Act, that describes the implementation of 
 Presidential Proclamations 9645, 9822, and 9983 and Executive 
 Order Nos. 13769, 13780, and 13815, during the effective period 
 of each such proclamation and order.

    (2) Presidential proclamation 9645 and 9983.--In addition 
 to the content described in paragraph

    (1) , the report submitted 
 with respect to Presidential Proclamation 9645, issued on 
 September 24, 2017, and Presidential Proclamation 9983, issued 
 on January 31, 2020, shall include, for each country listed in 
 such proclamation--
        (A) the total number of individuals who applied for 
 a visa during the time period the proclamation was in 
 effect, disaggregated by country and visa category;
        (B) the total number of visa applicants described 
 in subparagraph
        (A) who were approved, disaggregated by 
 country and visa category;
            (C) the total number of visa applicants described 
 in subparagraph
        (A) who were refused, disaggregated by 
 country and visa category, and the reasons they were 
 refused;
            (D) the total number of visa applicants described 
 in subparagraph
        (A) whose applications remain pending, 
 disaggregated by country and visa category;
        (E) the total number of visa applicants described 
 in subparagraph
        (A) who were granted a waiver, 
 disaggregated by country and visa category;
        (F) the total number of visa applicants described 
 in subparagraph
        (A) who were denied a waiver, 
 disaggregated by country and visa category, and the 
 reasons such waiver requests were denied;
        (G) the total number of refugees admitted, 
 disaggregated by country; and
        (H) the complete reports that were submitted to the 
 President every 180 days in accordance with 

section 4 
 of Presidential Proclamation 9645 in its original form, 
 and as amended by Presidential Proclamation 9983.

    (b) Additional Reports.--Not later than 30 days after the date on 
which the President exercises the authority under 

section 212

    (f) of the 
Immigration and Nationality Act (8 U.S.C. 1182

    (f) ), as amended by 

section 3 of this Act, and every 30 days thereafter, the Secretary of 
State, in coordination with the Secretary of Homeland Security and 
heads of other relevant Federal agencies, shall submit a report to the 
congressional committees referred to in paragraph

    (3)
            (D) of such 

section 212

    (f) that identifies, with respect to countries affected by a 
suspension or restriction, the information described in subparagraphs
        (A) through
        (G) of subsection

    (a)

    (2) of this section and the specific 
evidence supporting the need for the continued exercise of presidential 
authority under such 

section 212

    (f) , including the information 
described in paragraph

    (3)
        (B) of such 

section 212

    (f) . If the report 
described in this subsection is not provided to such congressional 
committees in the time specified, the suspension or restriction shall 
immediately terminate absent intervening congressional action. A final 
report with such information shall be prepared and submitted to such 
congressional committees not later than 30 days after the suspension or 
restriction is lifted.
            (c) Form; Availability.--The reports required under subsections

    (a) and

    (b) shall be made publicly available online in unclassified form.
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