NO BAN Act National Origin-Based Antidiscrimination for Nonimmigrants Act
Impact
The legislation intends to enhance the legal framework regarding immigration by ensuring that any suspension or restriction on entry is justified by specific, compelling government interests. It also requires greater transparency and accountability in the decision-making process. For example, the bill mandates that the Secretary of State and Secretary of Homeland Security must notify Congress before such actions are taken and provide detailed briefings and reports on the justification and expected impacts of the restrictions. This could fundamentally alter how immigration policy is crafted and executed at the federal level, promoting a more inclusive approach to entry into the United States.
Summary
SB4961, also known as the National Origin-Based Antidiscrimination for Nonimmigrants Act or the 'NO BAN Act', seeks to constrain the Executive Branch's power to suspend or restrict the entry of classes of aliens into the United States. This bill amends the Immigration and Nationality Act to eliminate the broad authority previously granted to the President in imposing entry restrictions. SB4961 emphasizes the need for nondiscrimination, specifying conditions under which entry may be suspended, asserting that such actions must be narrowly tailored to address specific and credible threats to security or human rights, with a focus on avoiding blanket bans based on national origin or other discriminatory criteria.
Contention
Notably, the bill could face opposition based on concerns regarding national security and public safety. Proponents of more restrictive immigration policies may argue that existing authorities are necessary to combat specific threats. Additionally, the requirement for detailed congressional oversight and reporting may be seen as a hindrance to swift action in times of crisis, leading to debates about the balance between security and civil liberties. Critics may view the bill as an overly restrictive measure that could limit crucial actions needed to protect the country, while supporters highlight its potential to prevent discrimination and ensure that immigration practices align with democratic values.
To amend the Immigration and Nationality Act to eliminate the annual numerical limitation on visas for certain immigrants, to require the Secretary of Homeland Security to grant work authorization to certain immigrants with a pending application for nonimmigrant status under such Act, and for other purposes.
Virgin Islands Visa Waiver Act of 2025 This bill authorizes the Department of Homeland Security (DHS) to establish a visa waiver program for nationals of certain countries to enter the U.S. Virgin Islands.Specifically, the bill expands an existing program that authorizes nonimmigrant visa waivers for nationals of certain countries to enter Guam or the Northern Mariana Islands to also authorize waivers for entry to the U.S. Virgin Islands. Under this program, DHS may provide a waiver admitting a nonimmigrant visitor for up to 45 days if the waiver does not represent a threat to the welfare, safety, or security of the United States or its territories or commonwealths.
To amend the Immigration and Nationality Act to provide that employment authorization is only available to aliens who are lawfully present in the United States, and for other purposes.
To require an institution of higher education that becomes aware that a student having nonimmigrant status under subparagraph (F)(i) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) has endorsed or supported a foreign terrorist organization to notify the SEVIS, and for other purposes.
To amend section 222 of the Immigration and Nationality Act to prohibit the rejection of immigrant and nonimmigrant applications for omissions in certain fields not required.
To amend the Immigration and Nationality Act to eliminate the annual numerical limitation on visas for certain immigrants, to require the Secretary of Homeland Security to grant work authorization to certain immigrants with a pending application for nonimmigrant status under such Act, and for other purposes.