NO BAN Act

Bill Number

H.R. 924

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-02-04: Referred to the Subcommittee on Border Security and Enforcement.

Last Updated

2026-06-03T08:08:12Z

AI-Generated Summary

Purpose

The National Origin-Based Antidiscrimination for Nonimmigrants Act (NO BAN Act), H.R. 924, aims to prevent discrimination in U.S. immigration processes based on factors like national origin or religion. It seeks to limit the Executive Branch's broad authority to impose blanket bans or restrictions on entry for groups of immigrants or nonimmigrants (temporary visitors), ensuring such actions are narrowly targeted, justified by evidence, and subject to oversight.

Key Provisions

• Expansion of Nondiscrimination Rules: Amends the Immigration and Nationality Act (INA) to prohibit discrimination in issuing immigrant visas, nonimmigrant visas (e.g., for tourists or students), entry into the U.S., or approving/revoking immigration benefits based on race, sex, nationality, place of birth, or residence. Adds "religion" to this list and allows limited exceptions only if explicitly required by other laws.
• Limited Authority for Entry Suspensions: Replaces the existing INA Section 212(f) with new rules allowing the President to temporarily suspend entry or impose restrictions on aliens (non-U.S. persons) or classes of aliens only if the Secretary of State, in consultation with the Secretary of Homeland Security, finds specific, credible evidence that it addresses threats to U.S. security, public safety, human rights, democratic institutions, or international stability.
• Restrictions must be narrowly tailored (using the least restrictive means), tied to a compelling government interest, time-limited, and include a presumption in favor of waivers for family or humanitarian reasons.
• Congressional Oversight: Before any suspension, the Secretaries must consult Congress and provide evidence. Within 48 hours of a presidential action, they must brief Congress and submit a report detailing the action, impacts, legal basis, and compliance. Failure to do so terminates the action unless Congress intervenes. Specified congressional committees (e.g., Judiciary, Foreign Affairs, Intelligence) receive these.
• Public Transparency and Judicial Review: Reports must be published in unclassified form in the Federal Register. Affected individuals or groups in the U.S. can sue in federal court for declaratory (clarifying rights) or injunctive (stopping the action) relief, including class actions.
• Reporting Requirements: Within 90 days of enactment, a report on past executive actions (e.g., travel bans under Proclamations 9645, 9983 and Executive Orders 13769, 13780, 13815) detailing visa applications, approvals, refusals, waivers, and refugee admissions. Ongoing monthly reports for any new suspensions, with termination if not submitted. All reports are public and unclassified.
• Airline Compliance: Retains authority for the Secretary of Homeland Security to suspend entry of passengers on non-compliant airlines regarding document fraud detection.

Significant Changes to Existing Law

• Broadens Nondiscrimination Protections: Previously, INA Section 202(a)(1)(A) applied mainly to immigrant visas and excluded religion; now it covers nonimmigrant visas, entry, and benefits, explicitly banning religious discrimination.
• Restricts Presidential Power Under INA 212(f): The original Section 212(f) gave the President nearly unlimited discretion to suspend entry "for any reason" deemed prejudicial. The bill transfers initial determination to the Secretaries of State and Homeland Security, adds strict evidentiary and tailoring requirements, mandates congressional notification and reporting (with automatic termination for non-compliance), and enables judicial challenges—none of which existed before.
• Enhances Reporting and Accountability: Introduces mandatory, detailed, public reports on past and future actions, absent in prior law, to track impacts and justifications.

Potential Impacts

• On Government Agencies: Increases coordination between the Departments of State and Homeland Security, requiring more evidence-based decisions, consultations, and reporting, which could slow processes but promote transparency. Congress gains direct oversight, potentially leading to more legislative involvement in immigration policy.
• On Citizens and Immigrants: U.S. citizens with family abroad or businesses relying on foreign workers may face fewer disruptions from broad bans. Immigrants and visa applicants from targeted countries benefit from waiver presumptions and judicial recourse, but narrow restrictions could still limit entry for security reasons.
• On International Relations: By curbing discriminatory bans (e.g., those perceived as targeting Muslim-majority countries), the law could improve U.S. diplomatic ties, reduce global perceptions of bias, and support human rights commitments, though it might limit rapid responses to emerging threats.

Main Stakeholders

• Immigrants and Visa Applicants: Primary beneficiaries, especially those from countries previously affected by travel bans, gaining protections against discrimination and easier waiver access.
• U.S. Citizens and Families: Affected through family reunification, adoptions, or business ties involving foreign nationals.
• Executive Branch Agencies: Departments of State, Homeland Security, and others must adapt to new procedural hurdles and reporting duties.
• Congress: Key player via oversight committees, empowered to influence or block executive actions.
• Commercial Airlines and Businesses: Airlines face continued scrutiny on document checks; industries like tech, education, and healthcare relying on international talent may see more stable visa processes.
• Affected Foreign Governments and Populations: Countries targeted by past bans (e.g., those in prior proclamations) and their citizens, with potential for reduced entry barriers.

Notable Legal, Constitutional, or Political Implications

• Legal and Constitutional: Strengthens equal protection under the Constitution by prohibiting religious and national origin discrimination in immigration, aligning with Supreme Court precedents on due process (e.g., challenging arbitrary bans). Introduces judicial review to check executive overreach, potentially leading to more court challenges but ensuring actions meet strict scrutiny standards (compelling interest and narrow tailoring).
• Political: Shifts power from the President to Congress and agency heads, curbing unilateral executive actions on immigration—a politically charged area. Could reduce partisan use of bans for domestic political gain but invite debates over national security vs. civil rights. The bill's focus on past Trump-era actions highlights ongoing tensions in immigration policy, promoting a more balanced, evidence-driven approach.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Chu, Judy [D-CA-28]

Cosponsors (121)

Rep. Nadler, Jerrold [D-NY-12], Rep. Beyer, Donald S. [D-VA-8], Rep. Tlaib, Rashida [D-MI-12], Rep. Omar, Ilhan [D-MN-5], Rep. Carson, André [D-IN-7], Rep. Scanlon, Mary Gay [D-PA-5], Rep. Grijalva, Raúl M. [D-AZ-7], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Costa, Jim [D-CA-21], Rep. Jayapal, Pramila [D-WA-7], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Schneider, Bradley Scott [D-IL-10], Rep. Barragán, Nanette Diaz [D-CA-44], Rep. Swalwell, Eric [D-CA-14], Rep. DelBene, Suzan K. [D-WA-1], Rep. Williams, Nikema [D-GA-5], Rep. McGovern, James P. [D-MA-2], Rep. Meng, Grace [D-NY-6], Rep. Morelle, Joseph D. [D-NY-25], Rep. Casten, Sean [D-IL-6], Rep. Brownley, Julia [D-CA-26], Rep. Ramirez, Delia C. [D-IL-3], Rep. Tonko, Paul [D-NY-20], Rep. Huffman, Jared [D-CA-2], Rep. McCollum, Betty [D-MN-4], Rep. Frankel, Lois [D-FL-22], Rep. McIver, LaMonica [D-NJ-10], Rep. Carbajal, Salud O. [D-CA-24], Rep. Green, Al [D-TX-9], Rep. Underwood, Lauren [D-IL-14], Rep. Pocan, Mark [D-WI-2], Rep. Garcia, Sylvia R. [D-TX-29], Rep. Cleaver, Emanuel [D-MO-5], Rep. Boyle, Brendan F. [D-PA-2], Rep. Panetta, Jimmy [D-CA-19], Rep. Connolly, Gerald E. [D-VA-11], Rep. Moore, Gwen [D-WI-4], Rep. Ocasio-Cortez, Alexandria [D-NY-14], Rep. Soto, Darren [D-FL-9], Rep. Titus, Dina [D-NV-1], Rep. Turner, Sylvester [D-TX-18], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Beatty, Joyce [D-OH-3], Rep. Garcia, Robert [D-CA-42], Rep. Evans, Dwight [D-PA-3], Rep. Balint, Becca [D-VT-At Large], Rep. Vargas, Juan [D-CA-52], Rep. Thanedar, Shri [D-MI-13], Rep. Peters, Scott H. [D-CA-50] and 71 more

Recent Actions

• 2025-02-04: Referred to the Subcommittee on Border Security and Enforcement.
• 2025-02-04: 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.
• 2025-02-04: 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.
• 2025-02-04: 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.
• 2025-02-04: 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.
• 2025-02-04: Introduced in House
• 2025-02-04: Introduced in House

Bill Versions

• National Origin-Based Antidiscrimination for Nonimmigrants Act — issued 2025-02-04 — PDF (11 pages)

Related Bills

• S. 398 (119th Congress)