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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9244 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9244
To transfer and limit Executive Branch authority to suspend or restrict
the entry of a class of aliens.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 2, 2024
Ms. Chu (for herself, Mr. Nadler, Mr. Beyer, Ms. Omar, Ms. Tlaib, Mr.
Carson, Mr. Torres of New York, Ms. Velazquez, Ms. Pingree, Mr.
Quigley, Ms. DelBene, Ms. Jayapal, Ms. DeGette, Ms. Stevens, Ms.
Norton, Mr. Boyle of Pennsylvania, Ms. Williams of Georgia, Mr. Tonko,
Ms. Scanlon, Ms. Bush, Mr. McGovern, Mr. Ruiz, Mr. Johnson of Georgia,
Ms. Bonamici, Ms. Strickland, Ms. Kelly of Illinois, Mr. Trone, Mr.
Takano, Mrs. McBath, Mr. Swalwell, Mr. Connolly, Mr. Huffman, Mr.
Grijalva, Mr. Krishnamoorthi, Mr. Green of Texas, Mr. Peters, Mr.
Schneider, Ms. McCollum, Ms. Lois Frankel of Florida, Mrs. Dingell,
Mrs. Hayes, Mr. Cleaver, Mr. Schiff, Ms. Spanberger, Mr. Morelle, Mr.
Veasey, Ms. Meng, Mr. Davis of Illinois, Mrs. Fletcher, Mr. Soto, Mr.
Garamendi, Mr. Allred, Mrs. Beatty, Ms. Eshoo, Mr. DeSaulnier, Mr.
Cohen, Mr. Casten, Ms. Barragan, Mr. Evans, Mr. Khanna, Mr. Costa, Mr.
Gomez, Mr. Garcia of Illinois, Mr. Bera, Mrs. Napolitano, Mr. Pascrell,
Mr. Pocan, Ms. Pressley, Mr. Carbajal, Ms. DeLauro, Mr. Raskin, Ms.
Moore of Wisconsin, Ms. Garcia of Texas, Mr. Smith of Washington, Mr.
Panetta, Mrs. Trahan, Ms. Clarke of New York, Mr. Castro of Texas, Mr.
Vargas, Ms. Schrier, Mrs. Ramirez, Ms. Lee of California, Mr. Stanton,
and Mr. Espaillat) introduced the following bill; which was referred to
the Committee on the Judiciary, and in addition to the Committees on
Foreign Affairs, Homeland Security, and Intelligence (Permanent
Select), for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To transfer and limit Executive Branch authority to suspend or restrict
the entry of a class of aliens.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Origin-Based
Antidiscrimination for Nonimmigrants Act'' or the ``NO BAN Act''.
SEC. 2. EXPANSION OF NONDISCRIMINATION PROVISION.
Section 202(a)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1152(a)(1)(A)) is amended--
(1) by striking ``Except as specifically provided in
paragraph (2) and in sections 101(a)(27), 201(b)(2)(A)(i), and
203, no'' and inserting ``No'';
(2) by inserting ``or a nonimmigrant visa, admission or
other entry into the United States, or the approval or
revocation of any immigration benefit'' after ``immigrant
visa'';
(3) by inserting ``religion,'' after ``sex,''; and
(4) by inserting before the period at the end the
following: ``, except as specifically provided in paragraph
(2), in sections 101(a)(27), 201(b)(2)(A)(i), and 203, if
otherwise expressly required by statute, or if a statutorily
authorized benefit takes into consideration such factors''.
SEC. 3. TRANSFER AND LIMITATIONS ON AUTHORITY TO SUSPEND OR RESTRICT
THE ENTRY OF A CLASS OF ALIENS.
Section 212(f) of the Immigration and Nationality Act (8 U.S.C.
1182(f)) is amended to read as follows:
``(f) Authority To Suspend or Restrict the Entry of a Class of
Aliens.--
``(1) In general.--Subject to paragraph (2), if the
Secretary of State, in consultation with the Secretary of
Homeland Security, determines, based on specific and credible
facts, that the entry of any aliens or any class of aliens into
the United States would undermine the security or public safety
of the United States or the preservation of human rights,
democratic processes or institutions, or international
stability, the President may temporarily--
``(A) suspend the entry of such aliens or class of
aliens as immigrants or nonimmigrants; or
``(B) impose any restrictions on the entry of such
aliens that the President deems appropriate.
``(2) Limitations.--In carrying out paragraph (1), the
President, the Secretary of State, and the Secretary of
Homeland Security shall--
``(A) only issue a suspension or restriction when
required to address specific acts implicating a
compelling government interest in a factor identified
in paragraph (1);
``(B) narrowly tailor the suspension or
restriction, using the least restrictive means, to
achieve such compelling government interest;
``(C) specify the duration of the suspension or
restriction;
``(D) consider waivers to any class-based
restriction or suspension and apply a rebuttable
presumption in favor of granting family-based and
humanitarian waivers; and
``(E) comply with all provisions of this Act.
``(3) Congressional notification.--
``(A) In general.--Prior to the President
exercising the authority under paragraph (1), the
Secretary of State and the Secretary of Homeland
Security shall consult Congress and provide Congress
with specific evidence supporting the need for the
suspension or restriction and its proposed duration.
``(B) Briefing and report.--Not later than 48 hours
after the President exercises the authority under
paragraph (1), the Secretary of State and the Secretary
of Homeland Security shall provide a briefing and
submit a written report to Congress that describes--
``(i) the action taken pursuant to
paragraph (1) and the specified objective of
such action;
``(ii) the estimated number of individuals
who will be impacted by such action;
``(iii) the constitutional and legislative
authority under which such action took place;
and
``(iv) the circumstances necessitating such
action, including how such action complies with
paragraph (2), as well as any intelligence
informing such actions.
``(C) Termination.--If the briefing and report
described in subparagraph (B) are not provided to
Congress during the 48 hours that begin when the
President exercises the authority under paragraph (1),
the suspension or restriction shall immediately
terminate absent intervening congressional action.
``(D) Congressional committees.--The term
`Congress', as used in this paragraph, refers to the
Select Committee on Intelligence of the Senate, the
Committee on Foreign Relations of the Senate, the
Committee on the Judiciary of the Senate, the Committee
on Homeland Security and Governmental Affairs of the
Senate, the Permanent Select Committee on Intelligence
of the House of Representatives, the Committee on
Foreign Affairs of the House of Representatives, the
Committee on the Judiciary of the House of
Representatives, and the Committee on Homeland Security
of the House of Representatives.
``(4) Publication.--The Secretary of State and the
Secretary of Homeland Security shall publicly announce and
publish an unclassified version of the report described in
paragraph (3)(B) in the Federal Register.
``(5) Judicial review.--
``(A) In general.--Notwithstanding any other
provision of law, an individual or entity who is
present in the United States and has been harmed by a
violation of this subsection may file an action in an
appropriate district court of the United States to seek
declaratory or injunctive relief.
``(B) Class action.--Nothing in this Act may be
construed to preclude an action filed pursuant to
subparagraph (A) from proceeding as a class action.
``(6) Treatment of commercial airlines.--Whenever the
Secretary of Homeland Security finds that a commercial airline
has failed to comply with regulations of the Secretary of
Homeland Security relating to requirements of airlines for the
detection of fraudulent documents used by passengers traveling
to the United States (including the training of personnel in
such detection), the Secretary of Homeland Security may suspend
the entry of some or all aliens transported to the United
States by such airline.
``(7) Rule of construction.--Nothing in this section may be
construed as authorizing the President, the Secretary of State,
or the Secretary of Homeland Security to act in a manner
inconsistent with the policy decisions expressed in the
immigration laws.''.
SEC. 4. VISA APPLICANTS REPORT.
(a) Initial Reports.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Homeland Security and the
heads of other relevant Federal agencies, shall submit a report
to the congressional committees referred to in section
212(f)(3)(D) of the Immigration and Nationality Act, as amended
by section 3 of this Act, that describes the implementation of
Presidential Proclamations 9645, 9822, and 9983 and Executive
Order Nos. 13769, 13780, and 13815, during the effective period
of each such proclamation and order.
(2) Presidential proclamation 9645 and 9983.--In addition
to the content described in paragraph (1), the report submitted
with respect to Presidential Proclamation 9645, issued on
September 24, 2017, and Presidential Proclamation 9983, issued
on January 31, 2020, shall include, for each country listed in
such proclamation--
(A) the total number of individuals who applied for
a visa during the time period the proclamation was in
effect, disaggregated by country and visa category;
(B) the total number of visa applicants described
in subparagraph (A) who were approved, disaggregated by
country and visa category;
(C) the total number of visa applicants described
in subparagraph (A) who were refused, disaggregated by
country and visa category, and the reasons they were
refused;
(D) the total number of visa applicants described
in subparagraph (A) whose applications remain pending,
disaggregated by country and visa category;
(E) the total number of visa applicants described
in subparagraph (A) who were granted a waiver,
disaggregated by country and visa category;
(F) the total number of visa applicants described
in subparagraph (A) who were denied a waiver,
disaggregated by country and visa category, and the
reasons such waiver requests were denied;
(G) the total number of refugees admitted,
disaggregated by country; and
(H) the complete reports that were submitted to the
President every 180 days in accordance with section 4
of Presidential Proclamation 9645 in its original form,
and as amended by Presidential Proclamation 9983.
(b) Additional Reports.--Not later than 30 days after the date on
which the President exercises the authority under section 212(f) of the
Immigration and Nationality Act (8 U.S.C. 1182(f)), as amended by
section 3 of this Act, and every 30 days thereafter, the Secretary of
State, in coordination with the Secretary of Homeland Security and
heads of other relevant Federal agencies, shall submit a report to the
congressional committees referred to in paragraph (3)(D) of such
section 212(f) that identifies, with respect to countries affected by a
suspension or restriction, the information described in subparagraphs
(A) through (G) of subsection (a)(2) of this section and the specific
evidence supporting the need for the continued exercise of presidential
authority under such section 212(f), including the information
described in paragraph (3)(B) of such section 212(f). If the report
described in this subsection is not provided to such congressional
committees in the time specified, the suspension or restriction shall
immediately terminate absent intervening congressional action. A final
report with such information shall be prepared and submitted to such
congressional committees not later than 30 days after the suspension or
restriction is lifted.
(c) Form; Availability.--The reports required under subsections (a)
and (b) shall be made publicly available online in unclassified form.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Foreign Affairs, Homeland Security, and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Foreign Affairs, Homeland Security, and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Foreign Affairs, Homeland Security, and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Foreign Affairs, Homeland Security, and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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