NO BAN Act: Limits on Presidential Power, More Transparency in Immigration Restrictions

The National Origin-Based Antidiscrimination for Nonimmigrants Act, or NO BAN Act, directly tackles discrimination in the U.S. immigration system and puts checks on presidential power to restrict entry into the country. It expands anti-discrimination protections and increases transparency around visa processes.

Fairness in Focus

The bill expands existing nondiscrimination rules in the Immigration and Nationality Act. Previously, the law prohibited discrimination based on sex, but the NO BAN Act adds religion to the mix (Section 2). This means visa applications, entry requests, and other immigration benefits can't be denied simply because of someone's religious beliefs. Crucially, this protection now explicitly covers nonimmigrant visas – think students, tourists, or temporary workers – not just those seeking permanent residency. For example, a skilled software engineer from a predominantly Muslim country applying for an H-1B visa can't be rejected solely on religious grounds.

Curbing Presidential Power, Boosting Transparency

The NO BAN Act significantly reshapes the President's authority to ban or restrict entry of certain groups of people. While the President can still act in cases where there's a threat to U.S. security, public safety, human rights, democratic processes, or international stability, they can't just issue a blanket ban (Section 3). Any restriction must be based on "specific and credible facts," be narrowly tailored to address a "compelling government interest," and use the "least restrictive means" possible. It also needs to have a clear end date and consider waivers, especially for family reunification and humanitarian cases.

Before any restrictions can be put in place, the President must consult with Congress, providing solid evidence for the need and duration of the action. Within 48 hours of taking action, the Secretary of State and the Secretary of Homeland Security have to brief Congress and submit a detailed written report explaining the situation, the number of people affected, and the legal basis for the action. If this report isn't delivered on time, the restriction automatically ends unless Congress steps in. This report will also be made public (in an unclassified version) in the Federal Register.

For instance, if the government claims a specific group poses a security risk, they need to back that up with concrete evidence, not just broad generalizations. And if a restriction impacts, say, construction workers from a particular country, the government must explain why all those workers are affected, rather than just individuals with proven security concerns.

Data-Driven Accountability

The NO BAN Act also demands transparency in visa processing. The Secretary of State, along with other agencies, must provide detailed reports on visa applicants, including those affected by past travel bans (Section 4). These reports, which will be publicly available online, must break down visa applications, approvals, denials (with reasons), and waivers by country and visa type. If the President uses the authority to restrict entry, additional reports are required every 30 days, detailing the ongoing need for the restriction and the number of people affected. Again, failure to submit these reports on time leads to the automatic termination of the restriction. This means we'll have a clearer picture of who's being denied entry and why, making it harder to implement discriminatory policies under the radar.

##Legal teeth

The NO BAN Act provides recourse to the people affected. Individuals or entities in the U.S. harmed by a violation of this law can file a lawsuit in U.S. district court. (Section 3).