Banning Perpetrators of Religious Persecution Act of 2026
- Bill Number
- S. 3679
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-01-15: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-04-17T19:44:01Z
AI-Generated Summary
Purpose
The legislation, titled the "Banning Perpetrators of Religious Persecution Act of 2026," aims to protect religious freedom by barring individuals responsible for violations of it from entering the United States. It amends the Immigration and Nationality Act (INA) to add a new ground for denying visas and admission to those who have directed, authorized, supported, participated in, or carried out such violations, particularly when committed by foreign government officials.
Key Provisions
- Inadmissibility for Religious Freedom Violations: Under the amended INA Section 212(a)(2)(G), non-U.S. citizens (aliens) are deemed inadmissible if they:
- Served as a foreign government official and were responsible for or directly carried out "particularly severe violations of religious freedom" (defined in the International Religious Freedom Act of 1998 as systematic, ongoing, egregious persecution based on religion, such as torture, prolonged detention without charges, or forced renunciation of faith).
- At any time outside the U.S., directed, authorized, significantly supported, participated in, were responsible for, or carried out "particularly severe violations" or general "violations of religious freedom" (defined as any intentional act restricting the right to hold a religious belief or practice, including threats or harassment).
- Public Disclosure Requirement: The Secretary of State must publish on a publicly accessible Department of State website:
- The names of all individuals determined inadmissible under this provision.
- The countries or locations where the violations occurred.
- Exceptions and Reporting: The Secretary has sole, unreviewable discretion to withhold an individual's name from public disclosure if it would harm U.S. foreign policy. In such cases, the Secretary must submit semiannual reports to Congress explaining the reasons, following established reporting procedures under the State Department Basic Authorities Act of 1956.
Significant Changes to Existing Law
- This amendment replaces the existing INA Section 212(a)(2)(G) (if any prior version existed) with a new, expanded provision focused specifically on religious freedom violations, drawing definitions from the International Religious Freedom Act of 1998.
- It introduces a mandatory public notice mechanism, overriding some confidentiality rules in INA Section 222(f), while allowing case-by-case exceptions— a change that promotes transparency but includes safeguards for diplomacy.
- Previously, religious persecution might have fallen under broader INA grounds like human rights abuses (e.g., under Section 212(a)(2)(C) for security-related activities), but this creates a dedicated, targeted category with explicit ties to religious freedom statutes.
Potential Impacts
- On Government Agencies: The Department of State gains responsibilities for identifying violators, maintaining a public website, and reporting to Congress, potentially increasing administrative workload and requiring coordination with intelligence and diplomatic teams to assess violations.
- On Citizens and Individuals: U.S. citizens and residents may benefit indirectly through reinforced protections for global religious freedom, but it primarily affects foreign nationals by restricting their travel, visas, and immigration opportunities to the U.S., deterring future violations.
- On International Relations: Could strain ties with governments whose officials are named, signaling U.S. commitment to religious rights but risking diplomatic backlash; exceptions allow flexibility to avoid escalating tensions in sensitive regions.
Main Stakeholders Affected
- Foreign Government Officials and Individuals: Those accused of religious persecution (e.g., officials from countries with documented issues like arbitrary arrests of religious minorities) face visa denials and public scrutiny.
- Religious Freedom Advocates and Communities: Groups monitoring global persecution (e.g., via the U.S. Commission on International Religious Freedom) may see strengthened enforcement tools.
- U.S. Government Entities: Department of State, immigration authorities (e.g., USCIS, CBP), and Congress, which receives reports and oversees implementation.
- Affected Countries and Diaspora: Nations criticized for religious restrictions and their expatriate populations, who might face indirect reputational or travel barriers.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Enhances the INA's human rights framework by linking it directly to the International Religious Freedom Act, potentially enabling more consistent application in visa adjudications; the "sole and unreviewable discretion" for exceptions limits judicial challenges but ensures executive flexibility.
- Constitutional Implications: Aligns with First Amendment values by promoting religious liberty abroad, but the public naming provision raises privacy concerns for individuals, balanced against the government's foreign affairs powers under Article II.
- Political Implications: Reinforces U.S. leadership on international human rights without mandating sanctions, allowing bipartisan support (as seen in cosponsors from both parties); it could influence foreign policy by publicly shaming violators, though exceptions prevent it from becoming a rigid tool.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (7)
Sen. Blackburn, Marsha [R-TN], Sen. Moody, Ashley [R-FL], Sen. Cotton, Tom [R-AR], Sen. Banks, Jim [R-IN], Sen. Kennedy, John [R-LA], Sen. Lankford, James [R-OK], Sen. Cruz, Ted [R-TX]
Recent Actions
- 2026-01-15: Read twice and referred to the Committee on the Judiciary.
- 2026-01-15: Introduced in Senate
Bill Versions
- Banning Perpetrators of Religious Persecution Act of 2026 — issued 2026-01-15 — PDF (4 pages)