NO BAN Act

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 and terminates certain presidential actions implementing such restrictions. It also prohibits religious discrimination in various immigration-related decisions, such as whether to issue an immigrant or non-immigrant visa, with certain exceptions.

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 acts 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 provide specific evidence of a need for the restriction, and to narrowly tailor the restriction to meet a compelling government interest.

Before imposing a restriction, the President, 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, with regular updates. If such reports are not made, the restriction shall immediately terminate.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov