PolicyBrief
S. 3679
119th CongressJan 15th 2026
Banning Perpetrators of Religious Persecution Act of 2026
IN COMMITTEE

This act bans foreign individuals who have committed severe religious freedom violations from receiving U.S. visas and mandates public disclosure of their names.

Ted Budd
R

Ted Budd

Senator

NC

LEGISLATION

New Bill Targets Religious Persecutors: U.S. Visa Bans and Public 'Name and Shame' List Set for 2026

The Banning Perpetrators of Religious Persecution Act of 2026 aims to slam the door on foreign officials and individuals who violate religious freedoms abroad. Under this bill, anyone—from a government bureaucrat to a private citizen—who directs, supports, or carries out 'particularly severe violations' of religious freedom would be permanently barred from entering the United States. It isn't just about denying a visa at the consulate; the bill requires the State Department to create a public website listing the names of these individuals and their home countries, essentially creating a global digital blacklist for human rights offenders.

The Digital Blacklist

This legislation moves beyond standard diplomatic finger-wagging by making accountability public. If a foreign official is found responsible for religious persecution, their name goes up on a government website for the world to see (Sec. 2). For a regular person living in the U.S., this might feel like a distant foreign policy move, but it has real-world teeth. It means that individuals who might otherwise travel here for business, luxury shopping, or to hide assets would find themselves publicly outed and physically blocked at the border. By referencing the International Religious Freedom Act of 1998, the bill uses established legal definitions to decide who makes the list, targeting those involved in everything from arbitrary detention to the prohibition of worship.

The 'Get Out of Jail Free' Clause

While the bill pushes for transparency, it includes a significant loophole: the 'Foreign Policy Exception.' The Secretary of State has the power to keep a name off the public list if they decide disclosure would hurt U.S. foreign policy interests (Sec. 2). Here is the catch: that decision is 'not subject to review.' This means if a high-ranking official from a country that provides the U.S. with oil or military bases is caught persecuting religious minorities, the administration could quietly keep them off the public website to avoid a diplomatic spat. While the Secretary has to send a report to Congress every six months explaining these secrets, the public—and the victims—might never know who was given a pass.

Accountability vs. Accuracy

Because the bill casts a wide net—targeting not just those who 'carried out' violations but also those who 'significantly supported' them—there is a real question of where the line is drawn. For example, would a low-level clerk who merely processed paperwork for a discriminatory law be banned alongside the person who ordered a crackdown? The bill relies on broad terms that could be interpreted differently depending on who is in the White House. For tech workers, business owners, or families with international ties, this means the U.S. border becomes a more complex gate, where the definition of 'support' could shift, potentially catching people in the crosshairs of vague legal language while the most powerful offenders might stay hidden behind the bill’s non-reviewable exceptions.