US Federal 2025-2026 Regular Session

US Federal 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 NO BAN Act National Origin-Based Antidiscrimination for Nonimmigrants Act

Previously Filed As

US HB924

NO BAN Act National Origin-Based Antidiscrimination for Nonimmigrants Act

US HB362

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.

US HB1056

To include the Czech Republic in the list of foreign states whose nationals are eligible for admission into the United States as E1 nonimmigrants if United States nationals are treated similarly by the Government of the Czech Republic.

US HB1337

To add Ireland to the E3 nonimmigrant visa program.

US SB482

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.

US HB5534

To add the Republic of Korea to the E-3 nonimmigrant visa program.

US HB2204

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.

US HB213

Break the Chain Act This bill makes various changes related to family-sponsored immigration, such as narrowing the definition of what constitutes an immediate relative and lowering the annual numerical cap on certain classes of family-sponsored visas. A non-U.S. national (alien under federal law) who is a parent of a U.S. citizen shall not qualify for a visa for immediate relatives, which is not subject to any direct numerical limits. Currently, the spouses, unmarried children under 21, and parents of citizens are considered immediate relatives. The bill also reduces the baseline annual cap for family-sponsored visas from 480,000 to 87,934, and revises the methods for calculating the cap. Currently, the 480,000 cap may be adjusted depending on various factors but shall not be less than 226,000. A spouse or child of a sponsoring lawful permanent resident (also known as a green card holder) shall be subject to the family-sponsored visa cap. The bill revises the rules for determining whether a non-U.S. national is a child for the purposes of family-sponsored immigration, and establishes that an individual who is married or turns 25 years old prior to a visa becoming available for issuance shall not qualify as a child. The bill creates a nonimmigrant classification for non-U.S. national parents of adult U.S. citizens, which authorizes such parents for admission into the United States for an initial five-year period. Such parents shall not be authorized for employment or to receive any public benefits.

US SB391

Access to Counsel Act of 2025

US HB578

Sarah's LawThis bill requires the Department of Justice or the Department of Homeland Security (DHS) to detain a non-U.S. national (alien under federal law) who is unlawfully present in the United States and has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of a crime that resulted in the death or serious bodily injury of another person.DHS must obtain information about the identity of any victims of the crimes for which the detained individual was charged or convicted. DHS shall provide the victim, or a relative or guardian of a deceased victim, with information about the detained individual, including name, date of birth, nationality, immigration status, criminal history, and a description of any related removal efforts.

Similar Bills

No similar bills found.