The NO BAN Act restricts the President's power to ban entry into the United States based on national origin and adds new protections against discrimination in immigration decisions. The bill prohibits the Executive Branch from suspending or restricting entry by a class of aliens except when based on specific, credible facts tied to security, public safety, human rights, or international stability. Any such ban must be narrowly tailored to address the actual threat, include a specified end date, and allow for waivers in family and humanitarian cases.
The legislation expands nondiscrimination requirements to cover nonimmigrant visas and explicitly adds religion as a protected category alongside sex and national origin. It requires the President to consult Congress before implementing travel restrictions and submit a detailed report within 48 hours explaining the action and its legal basis. If this report is not provided within 48 hours, the restriction automatically terminates unless Congress intervenes. The bill also mandates ongoing monthly reporting on the impact of any restrictions and allows individuals harmed by violations to sue in federal court. Additionally, the bill directs the State Department to submit a detailed historical report within 90 days documenting the impacts of previous travel proclamations from 2017 to 2020, including visa approval rates and refusal data by country.