NO BAN Act National Origin-Based Antidiscrimination for Nonimmigrants Act
Impact
The proposed legislation, if enacted, would have significant implications for how the Executive Branch enforces immigration laws. Specifically, it seeks to curtail broad executive powers, imposing strict limitations on the ability of the President, Secretary of State, and Secretary of Homeland Security to implement entry restrictions. They would need to provide specific evidence of a compelling government interest justifying any restrictions, ensuring actions are narrowly tailored and complying with strict reporting requirements to Congress. This shift is anticipated to enhance oversight and provide pathways for humanitarian waivers, particularly prioritizing family reunification.
Summary
SB398, titled the 'National Origin-Based Antidiscrimination for Nonimmigrants Act' or 'NO BAN Act', aims to eliminate the Executive Branch's authority to suspend or restrict the entry of foreign nationals based on nationality. The bill seeks to establish a more explicit nondiscrimination provision in the Immigration and Nationality Act, expanding protections against discrimination on the basis of religion and other characteristics beyond sex and nationality. This effort aligns with the legislative intent to maintain a fair and equitable immigration process, reinforcing the notion that entry into the United States cannot be arbitrarily restricted based on such factors.
Contention
Notably, the bill addresses the criticisms of previous executive actions that were perceived as discriminatory, particularly those that targeted specific nations or groups based on their national origin. Opponents of executive restriction measures have argued that these actions violate principles of equality and non-discrimination. By embedding these principles into federal law, SB398 is positioned to not only protect potential immigrants but also reduce the potential for future discriminatory policies. Moreover, the requirement for transparency through regular reporting to Congress represents a check on executive power, which opponents of the bill may view as an encroachment on necessary national security measures.
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.
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 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 and the Mutual Education and Cultural Exchange Act of 1961 to strengthen the critical minerals workforce in the United States.
A bill to include Czechia in the list of foreign states whose nationals are eligible for admission into the United States as E-1 nonimmigrants if United States nationals are treated similarly by the Government of Czechia.
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.