Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB398

Introduced
2/4/25  

Caption

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.

Congress_id

119-S-398

Policy_area

Immigration

Introduced_date

2025-02-04

Companion Bills

US HB924

Related bill NO BAN Act National Origin-Based Antidiscrimination for Nonimmigrants Act

Similar Bills

US HB924

NO BAN Act National Origin-Based Antidiscrimination for Nonimmigrants Act

US HB1915

Stop the Cartels Act

US SB886

FARMLAND Act of 2025 Foreign Agricultural Restrictions to Maintain Local Agriculture and National Defense Act of 2025

US HB76

Fund and Complete the Border Wall ActThis bill establishes funding for a U.S.-Mexico border barrier and revises how border patrol agents are compensated for overtime.The Department of the Treasury shall set up an account for funding the design, construction, and maintenance of the barrier. The funds in the account are appropriated only for that purpose and for vehicles and equipment for border patrol agents.For each fiscal year, financial assistance to a country shall be reduced by $2,000 for each citizen or national of that country apprehended for illegally entering the United States through its southern border. The reduced amount shall be transferred to the border barrier account. The Department of State may opt not to reduce amounts appropriated to Mexico for various military and law enforcement-related activities.This bill establishes a 5% fee on foreign remittance transfers and increases the fee for the arrival/departure I-94 form for various aliens entering the United States, with part of the fees going to the border barrier account.By December 31, 2025, the Department of Homeland Security shall (1) take all actions necessary, including constructing barriers, to prevent illegal crossings along the U.S.-Mexico barrier; and (2) achieve operational control over all U.S. international borders.The bill changes how border patrol agents receive overtime pay when working up to 100 hours in a two-week period. For hours worked above 80, an agent shall receive at least 150% of the agent's regular hourly rate.

US SB330

CCP IP Act Combatting China’s Pilfering of Intellectual Property Act

US HB1736

Generative AI Terrorism Risk Assessment Act

US SB436

A bill to amend title 10, United States Code, to modify the organization and authorities of the Assistant Secretaries of Defense with duties relating to industrial base policy and homeland defense.

US HB414

Student Visa Security Improvement ActThis bill establishes new requirements for foreign student visas and participating educational institutions. The Department of Homeland Security (DHS) must review the applications of student visa applicants and conduct in-person interviews when appropriate to determine whether they are inadmissible due to terrorist-related activities. DHS must also conduct on-site reviews of applications and supporting documents deemed appropriate prior to final adjudication.Institutions and exchange student visitor programs must ensure that student visa-holders are active participants in the program. Students must be regularly observed and must be reported on if they transfer or change majors. The bill also provides for enhanced access to the Student and Exchange Visitor Information System for institutions and programs that meet staffing and training requirements.The Government Accountability Office must review the fees for the Student and Exchange Visitor program.