I
119THCONGRESS
1
STSESSION H. R. 924
To transfer and limit Executive Branch authority to suspend or restrict
the entry of a class of aliens.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY4, 2025
Ms. C
HU(for herself, Mr. NADLER, Mr. BEYER, Ms. TLAIB, Ms. OMAR, Mr.
C
ARSON, Ms. SCANLON, Mr. GRIJALVA, Mr. JOHNSONof Georgia, Ms.
S
CHAKOWSKY, Mr. COSTA, Ms. JAYAPAL, Ms. NORTON, Mr. SCHNEIDER,
Ms. B
ARRAGA´N, Mr. SWALWELL, Ms. DELBENE, Ms. WILLIAMSof Geor-
gia, Mr. M
CGOVERN, Ms. MENG, Mr. MORELLE, Mr. CASTEN, Ms.
B
ROWNLEY, Mrs. RAMIREZ, Mr. TONKO, Mr. HUFFMAN, Ms. MCCOL-
LUM, Ms. LOISFRANKELof Florida, Mrs. MCIVER, Mr. CARBAJAL, Mr.
G
REENof Texas, Ms. UNDERWOOD, Mr. POCAN, Ms. GARCIAof Texas,
Mr. C
LEAVER, Mr. BOYLEof Pennsylvania, Mr. PANETTA, Mr. CON-
NOLLY, Ms. MOOREof Wisconsin, Ms. OCASIO-CORTEZ, Mr. SOTO, Ms.
T
ITUS, Mr. TURNERof Texas, Mr. KRISHNAMOORTHI, Mrs. BEATTY, Mr.
G
ARCIAof California, Mr. EVANSof Pennsylvania, Ms. BALINT, Mr.
V
ARGAS, Mr. THANEDAR, Mr. PETERS, Ms. VELA´ZQUEZ, Mr. GARCI´Aof
Illinois, Mr. K
HANNA, Mr. SMITHof Washington, Ms. CROCKETT, Ms.
S
TRICKLAND, Ms. TOKUDA, Ms. BONAMICI, Ms. DEGETTE, Ms.
D
ELAURO, Ms. PINGREE, Mrs. FLETCHER, Mr. DESAULNIER, Mr. STAN-
TON, Mr. ESPAILLAT, Mr. GOMEZ, Mrs. DINGELL, Ms. LEEof Pennsyl-
vania, Mr. R
ASKIN, Mr. PALLONE, Ms. MCCLELLAN, Mr. AMO, Mr.
B
ERA, Mr. GARAMENDI, Mrs. HAYES, Ms. SCHRIER, Mr. COHEN, Ms.
K
ELLYof Illinois, Ms. PRESSLEY, Mr. JACKSONof Illinois, Ms. ANSARI,
Mr. S
UBRAMANYAM, Ms. HOYLEof Oregon, Ms. CLARKEof New York,
Ms. W
ATERS, Mr. GOLDMANof New York, and Ms. ESCOBAR) introduced
the following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Foreign Affairs, Homeland Secu-
rity, and Intelligence (Permanent Select), for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
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•HR 924 IH
A BILL
To transfer and limit Executive Branch authority to suspend
or restrict the entry of a class of aliens.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘National Origin-Based 4
Antidiscrimination for Nonimmigrants Act’’ or the ‘‘NO 5
BAN Act’’. 6
SEC. 2. EXPANSION OF NONDISCRIMINATION PROVISION. 7
Section 202(a)(1)(A) of the Immigration and Nation-8
ality Act (8 U.S.C. 1152(a)(1)(A)) is amended— 9
(1) by striking ‘‘Except as specifically provided 10
in paragraph (2) and in sections 101(a)(27), 11
201(b)(2)(A)(i), and 203, no’’ and inserting ‘‘No’’; 12
(2) by inserting ‘‘or a nonimmigrant visa, ad-13
mission or other entry into the United States, or the 14
approval or revocation of any immigration benefit’’ 15
after ‘‘immigrant visa’’; 16
(3) by inserting ‘‘religion,’’ after ‘‘sex,’’; and 17
(4) by inserting before the period at the end the 18
following: ‘‘, except as specifically provided in para-19
graph (2), in sections 101(a)(27), 201(b)(2)(A)(i), 20
and 203, if otherwise expressly required by statute, 21
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•HR 924 IH
or if a statutorily authorized benefit takes into con-1
sideration such factors’’. 2
SEC. 3. TRANSFER AND LIMITATIONS ON AUTHORITY TO 3
SUSPEND OR RESTRICT THE ENTRY OF A 4
CLASS OF ALIENS. 5
Section 212(f) of the Immigration and Nationality 6
Act (8 U.S.C. 1182(f)) is amended to read as follows: 7
‘‘(f) A
UTHORITYTOSUSPEND ORRESTRICT THE 8
E
NTRY OF ACLASS OFALIENS.— 9
‘‘(1) I
N GENERAL.—Subject to paragraph (2), 10
if the Secretary of State, in consultation with the 11
Secretary of Homeland Security, determines, based 12
on specific and credible facts, that the entry of any 13
aliens or any class of aliens into the United States 14
would undermine the security or public safety of the 15
United States or the preservation of human rights, 16
democratic processes or institutions, or international 17
stability, the President may temporarily— 18
‘‘(A) suspend the entry of such aliens or 19
class of aliens as immigrants or nonimmigrants; 20
or 21
‘‘(B) impose any restrictions on the entry 22
of such aliens that the President deems appro-23
priate. 24
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‘‘(2) LIMITATIONS.—In carrying out paragraph 1
(1), the President, the Secretary of State, and the 2
Secretary of Homeland Security shall— 3
‘‘(A) only issue a suspension or restriction 4
when required to address specific acts impli-5
cating a compelling government interest in a 6
factor identified in paragraph (1); 7
‘‘(B) narrowly tailor the suspension or re-8
striction, using the least restrictive means, to 9
achieve such compelling government interest; 10
‘‘(C) specify the duration of the suspension 11
or restriction; 12
‘‘(D) consider waivers to any class-based 13
restriction or suspension and apply a rebuttable 14
presumption in favor of granting family-based 15
and humanitarian waivers; and 16
‘‘(E) comply with all provisions of this Act. 17
‘‘(3) C
ONGRESSIONAL NOTIFICATION .— 18
‘‘(A) I
N GENERAL.—Prior to the President 19
exercising the authority under paragraph (1), 20
the Secretary of State and the Secretary of 21
Homeland Security shall consult Congress and 22
provide Congress with specific evidence sup-23
porting the need for the suspension or restric-24
tion and its proposed duration. 25
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‘‘(B) BRIEFING AND REPORT .—Not later 1
than 48 hours after the President exercises the 2
authority under paragraph (1), the Secretary of 3
State and the Secretary of Homeland Security 4
shall provide a briefing and submit a written re-5
port to Congress that describes— 6
‘‘(i) the action taken pursuant to 7
paragraph (1) and the specified objective 8
of such action; 9
‘‘(ii) the estimated number of individ-10
uals who will be impacted by such action; 11
‘‘(iii) the constitutional and legislative 12
authority under which such action took 13
place; and 14
‘‘(iv) the circumstances necessitating 15
such action, including how such action 16
complies with paragraph (2), as well as 17
any intelligence informing such actions. 18
‘‘(C) T
ERMINATION.—If the briefing and 19
report described in subparagraph (B) are not 20
provided to Congress during the 48 hours that 21
begin when the President exercises the author-22
ity under paragraph (1), the suspension or re-23
striction shall immediately terminate absent in-24
tervening congressional action. 25
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‘‘(D) CONGRESSIONAL COMMITTEES .—The 1
term ‘Congress’, as used in this paragraph, re-2
fers to the Select Committee on Intelligence of 3
the Senate, the Committee on Foreign Rela-4
tions of the Senate, the Committee on the Judi-5
ciary of the Senate, the Committee on Home-6
land Security and Governmental Affairs of the 7
Senate, the Permanent Select Committee on In-8
telligence of the House of Representatives, the 9
Committee on Foreign Affairs of the House of 10
Representatives, the Committee on the Judici-11
ary of the House of Representatives, and the 12
Committee on Homeland Security of the House 13
of Representatives. 14
‘‘(4) P
UBLICATION.—The Secretary of State 15
and the Secretary of Homeland Security shall pub-16
licly announce and publish an unclassified version of 17
the report described in paragraph (3)(B) in the Fed-18
eral Register. 19
‘‘(5) J
UDICIAL REVIEW.— 20
‘‘(A) I
N GENERAL.—Notwithstanding any 21
other provision of law, an individual or entity 22
who is present in the United States and has 23
been harmed by a violation of this subsection 24
may file an action in an appropriate district 25
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court of the United States to seek declaratory 1
or injunctive relief. 2
‘‘(B) C
LASS ACTION.—Nothing in this Act 3
may be construed to preclude an action filed 4
pursuant to subparagraph (A) from proceeding 5
as a class action. 6
‘‘(6) T
REATMENT OF COMMERCIAL AIRLINES .— 7
Whenever the Secretary of Homeland Security finds 8
that a commercial airline has failed to comply with 9
regulations of the Secretary of Homeland Security 10
relating to requirements of airlines for the detection 11
of fraudulent documents used by passengers trav-12
eling to the United States (including the training of 13
personnel in such detection), the Secretary of Home-14
land Security may suspend the entry of some or all 15
aliens transported to the United States by such air-16
line. 17
‘‘(7) R
ULE OF CONSTRUCTION .—Nothing in 18
this section may be construed as authorizing the 19
President, the Secretary of State, or the Secretary 20
of Homeland Security to act in a manner incon-21
sistent with the policy decisions expressed in the im-22
migration laws.’’. 23
SEC. 4. VISA APPLICANTS REPORT. 24
(a) I
NITIALREPORTS.— 25
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(1) IN GENERAL.—Not later than 90 days after 1
the date of the enactment of this Act, the Secretary 2
of State, in coordination with the Secretary of 3
Homeland Security and the heads of other relevant 4
Federal agencies, shall submit a report to the con-5
gressional committees referred to in section 6
212(f)(3)(D) of the Immigration and Nationality 7
Act, as amended by section 3 of this Act, that de-8
scribes the implementation of Presidential Proclama-9
tions 9645, 9822, and 9983 and Executive Order 10
Nos. 13769, 13780, and 13815, during the effective 11
period of each such proclamation and order. 12
(2) P
RESIDENTIAL PROCLAMATION 9645 AND 13
9983.—In addition to the content described in para-14
graph (1), the report submitted with respect to Pres-15
idential Proclamation 9645, issued on September 24, 16
2017, and Presidential Proclamation 9983, issued 17
on January 31, 2020, shall include, for each country 18
listed in such proclamation— 19
(A) the total number of individuals who 20
applied for a visa during the time period the 21
proclamation was in effect, disaggregated by 22
country and visa category; 23
(B) the total number of visa applicants de-24
scribed in subparagraph (A) who were ap-25
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proved, disaggregated by country and visa cat-1
egory; 2
(C) the total number of visa applicants de-3
scribed in subparagraph (A) who were refused, 4
disaggregated by country and visa category, 5
and the reasons they were refused; 6
(D) the total number of visa applicants de-7
scribed in subparagraph (A) whose applications 8
remain pending, disaggregated by country and 9
visa category; 10
(E) the total number of visa applicants de-11
scribed in subparagraph (A) who were granted 12
a waiver, disaggregated by country and visa 13
category; 14
(F) the total number of visa applicants de-15
scribed in subparagraph (A) who were denied a 16
waiver, disaggregated by country and visa cat-17
egory, and the reasons such waiver requests 18
were denied; 19
(G) the total number of refugees admitted, 20
disaggregated by country; and 21
(H) the complete reports that were sub-22
mitted to the President every 180 days in ac-23
cordance with section 4 of Presidential Procla-24
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mation 9645 in its original form, and as 1
amended by Presidential Proclamation 9983. 2
(b) A
DDITIONALREPORTS.—Not later than 30 days 3
after the date on which the President exercises the author-4
ity under section 212(f) of the Immigration and Nation-5
ality Act (8 U.S.C. 1182(f)), as amended by section 3 of 6
this Act, and every 30 days thereafter, the Secretary of 7
State, in coordination with the Secretary of Homeland Se-8
curity and heads of other relevant Federal agencies, shall 9
submit a report to the congressional committees referred 10
to in paragraph (3)(D) of such section 212(f) that identi-11
fies, with respect to countries affected by a suspension or 12
restriction, the information described in subparagraphs 13
(A) through (G) of subsection (a)(2) of this section and 14
the specific evidence supporting the need for the continued 15
exercise of presidential authority under such section 16
212(f), including the information described in paragraph 17
(3)(B) of such section 212(f). If the report described in 18
this subsection is not provided to such congressional com-19
mittees in the time specified, the suspension or restriction 20
shall immediately terminate absent intervening congres-21
sional action. A final report with such information shall 22
be prepared and submitted to such congressional commit-23
tees not later than 30 days after the suspension or restric-24
tion is lifted. 25
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(c) FORM; AVAILABILITY.—The reports required 1
under subsections (a) and (b) shall be made publicly avail-2
able online in unclassified form. 3
Æ
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