119-s398

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 398 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 398

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

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 February 4, 2025

 Mr. Coons (for himself, Mr. Whitehouse, Mr. King, Mr. Blumenthal, Mr. 
 Booker, Mr. Van Hollen, Mrs. Shaheen, Ms. Duckworth, Mr. Kaine, Ms. 
Cortez Masto, Mr. Schiff, Mr. Hickenlooper, Mrs. Murray, Mr. Wyden, Ms. 
Baldwin, Mr. Sanders, Mr. Durbin, Mr. Padilla, Mr. Schatz, Mr. Markey, 
Ms. Hirono, Mr. Warner, Mr. Welch, Mr. Lujan, Ms. Cantwell, Mr. Peters, 
 Ms. Warren, Ms. Klobuchar, Mr. Bennet, Ms. Smith, and Mr. Kim) 
introduced the following bill; which was read twice and referred to the 
 Committee on the Judiciary

_______________________________________________________________________

 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 TITLES.

 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) and 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 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 
 under paragraph

    (1) ;
 ``
        (B) narrowly tailor such suspension or 
 restriction, using the least restrictive means, to 
 achieve such compelling government interest;
 ``
            (C) specify the duration of such 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.--Before the President may 
 exercise the authority under paragraph

    (1) , the 
 Secretary of State and the Secretary of Homeland 
 Security shall consult with Congress and provide 
 Congress with specific evidence supporting the need for 
 the proposed 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) and any intelligence informing 
 such actions.
 ``
            (C) Termination.--If the briefing and report 
 described in subparagraph
        (B) are not provided to 
 Congress during the 48-hour period beginning when the 
 President exercises the authority under paragraph

    (1) , 
 the suspension or restriction shall immediately 
 terminate absent intervening congressional action.
 ``
            (D) Defined term.--In this paragraph, the term 
 `Congress' means--
 ``
            (i) the Select Committee on Intelligence 
 of the Senate;
 ``
            (ii) the Committee on Foreign Relations 
 of the Senate;
 ``
            (iii) the Committee on the Judiciary of 
 the Senate;
 ``
            (iv) the Committee on Homeland Security 
 and Governmental Affairs of the Senate;
 ``
            (v) the Permanent Select Committee on 
 Intelligence of the House of Representatives;
 ``
            (vi) the Committee on Foreign Affairs of 
 the House of Representatives;
 ``
            (vii) the Committee on the Judiciary of 
 the House of Representatives; and
 ``
            (viii) 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 determines 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 subsection 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, 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 proclamations 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 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) whose applications were denied, 
 disaggregated by country and visa category, and the 
 reasons for such denials;
            (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.--

    (1) In general.--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, 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--
        (A) the information described in subparagraphs
        (A) through
        (G) of subsection

    (a)

    (2) ; and
        (B) 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) .

    (2) Failure to submit timely report.--If the Secretary of 
 State fails to provide any report required under paragraph

    (1) to the appropriate congressional committees by the specified 
 deadline, the suspension or restriction of any aliens or class 
 of aliens pursuant to such 

section 212

    (f) shall immediately 
 terminate absent intervening congressional action.

    (3) Final report.--Not later than 30 days after the 
 termination of a suspension or restriction of any aliens or 
 class of aliens pursuant to such 

section 212

    (f) , the Secretary 
 of State, in coordination with the Secretary of Homeland 
 Security and the heads of other relevant Federal agencies, 
 shall prepare and submit a final report to the congressional 
 committees referred to in paragraph

    (3)
            (D) of such section 
 containing the information and evidence described in 
 subparagraphs
        (A) and
        (B) of paragraph

    (1) .
            (c) Form; Availability.--The reports required under subsections

    (a) and

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