S-1891 : Still Just a Bill

National Origin-Based Antidiscrimination for Nonimmigrants Act or the NO BAN Act

This bill imposes limitations on the President's authority to suspend or restrict aliens from entering the United States. It also prohibits religious discrimination in various immigration-related decisions, such as whether to issue an immigrant or nonimmigrant visa, unless there is a statutory basis for such discrimination.

The President may temporarily restrict the entry of any aliens or class of aliens after the Department of State determines that the restriction would address specific and credible facts that threaten U.S. interests such as security or public safety.

The bill also imposes limitations on such restrictions, such as requiring the President, State Department, and the Department of Homeland Security (DHS) to (1) only issue a restriction when required to address a compelling government interest, and (2) narrowly tailor the suspension to use the least restrictive means to achieve such an interest.

Before imposing a restriction, the State Department and DHS shall consult with Congress. The State Department and DHS shall report to Congress about the restriction within 48 hours of the restriction's imposition. If such a report is not made, the restriction shall immediately terminate.

Individuals or entities present in the United States and unlawfully harmed by such a restriction may sue in federal court.

DHS may suspend the entry of aliens traveling to the United States on a commercial airline that failed to comply with regulations related to detecting fraudulent travel documents.

Action Timeline

Action DateTypeTextSource
2021-05-27IntroReferralRead twice and referred to the Committee on the Judiciary.Senate
2021-05-27IntroReferralIntroduced in SenateLibrary of Congress

Policy Area :

Immigration
See Subjects
  • Africa
  • Asia
  • Aviation and airports
  • Border security and unlawful immigration
  • Burma
  • Chad
  • Congressional oversight
  • Eritrea
  • Evidence and witnesses
  • Fraud offenses and financial crimes
  • Government information and archives
  • Homeland security
  • Human rights
  • Immigration status and procedures
  • Iran
  • Iraq
  • Judicial review and appeals
  • Kyrgyzstan
  • Latin America
  • Libya
  • Mexico
  • Middle East
  • Nigeria
  • North Korea
  • Presidents and presidential powers, Vice Presidents
  • Racial and ethnic relations
  • Refugees, asylum, displaced persons
  • Religion
  • Somalia
  • Sovereignty, recognition, national governance and status
  • Sudan
  • Syria
  • Tanzania
  • Terrorism
  • Transportation safety and security
  • Travel and tourism
  • Venezuela
  • Visas and passports
  • Yemen

Related Bills

See Related Bills