NO BAN Act

II 116TH CONGRESS 1ST SESSION S. 1123 To transfer and limit Executive Branch authority to suspend or restrict the entry of a class of aliens. IN THE SENATE OF THE UNITED STATES APRIL 10, 2019 Mr. COONS (for himself, Mrs. FEINSTEIN, Mr. VAN HOLLEN, Mr. BLUMENTHAL, Mr. MARKEY, Ms. HARRIS, Mr. DURBIN, Ms. WARREN, Mrs. MURRAY, Mr. LEAHY, Mr. MENENDEZ, Ms. KLOBUCHAR, Mr. BOOKER, Mr. CARDIN, Mr. KAINE, Mr. SCHUMER, Mrs. SHAHEEN, Ms. HIRONO, Ms. STABENOW, Mr. MERKLEY, Mr. BENNET, Mr. SANDERS, Mr. CARPER, Ms. DUCKWORTH, Mr. BROWN, Mrs. GILLIBRAND, Mr. MURPHY, Ms. SMITH, Mr. CASEY, Mr. WHITEHOUSE, Ms. HASSAN, and Mr. PETERS) introduced the following bill; which was read twice and re- ferred to the Committee on the Judiciary 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLES. 3 This Act may be cited as the ‘‘National Origin-Based 4 Antidiscrimination for Nonimmigrants Act’’ or the ‘‘NO 5 BAN Act’’. 6 VerDate Sep 11 2014 22:34 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1123.IS S1123 kjohnson on DSK79L0C42 with BILLS 2 •S 1123 IS SEC. 2. EXPANSION OF NONDISCRIMINATION PROVISION. 1 Section 202(a)(1)(A) of the Immigration and Nation- 2 ality Act (8 U.S.C. 1152(a)(1)(A)) is amended— 3 (1) by inserting ‘‘or a nonimmigrant visa, entry 4 into the United States, or the approval or revocation 5 of any immigration benefit’’ after ‘‘immigrant visa’’; 6 (2) by inserting ‘‘religion,’’ after ‘‘sex,’’; and 7 (3) by inserting ‘‘, except if expressly required 8 by statute, or if a statutorily authorized benefit 9 takes into consideration such factors’’ before the pe- 10 riod at the end. 11 SEC. 3. TRANSFER AND LIMITATIONS ON AUTHORITY TO 12 SUSPEND OR RESTRICT THE ENTRY OF A 13 CLASS OF ALIENS. 14 Section 212(f) of the Immigration and Nationality 15 Act (8 U.S.C. 1182(f)) is amended— 16 (1) in the subsection heading, by striking ‘‘BY 17 PRESIDENT’’; and 18 (2) by striking ‘‘Whenever the President’’ and 19 all that follows through ‘‘appropriate.’’ and inserting 20 the following: 21 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 22 if the Secretary of State, after consultation with the 23 Secretary of Homeland Security, determines, based 24 on credible facts, that the entry of any aliens or of 25 any class of aliens into the United States should be 26 VerDate Sep 11 2014 22:34 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1123.IS S1123 kjohnson on DSK79L0C42 with BILLS 3 •S 1123 IS suspended or restricted to address specific acts that 1 undermine the security or public safety of the 2 United States; human rights; democratic processes 3 or institutions; or international stability, the Presi- 4 dent may temporarily— 5 ‘‘(A) suspend the entry of any aliens or 6 any class of aliens as immigrants or non- 7 immigrants; or 8 ‘‘(B) impose any restrictions on the entry 9 of aliens that the President considers to be ap- 10 propriate. 11 ‘‘(2) LIMITATIONS.—In carrying out paragraph 12 (1), the President, the Secretary of State, and the 13 Secretary of Homeland Security— 14 ‘‘(A) shall provide specific evidence sup- 15 porting the determination; 16 ‘‘(B) shall comply with all provisions of 17 this Act, including section 202(a)(1)(A); 18 ‘‘(C) shall narrowly tailor the suspension 19 or restriction to meet a compelling govern- 20 mental interest; 21 ‘‘(D) shall specify the duration of the sus- 22 pension or restriction and set forth evidence 23 justifying such duration; 24 VerDate Sep 11 2014 22:34 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1123.IS S1123 kjohnson on DSK79L0C42 with BILLS 4 •S 1123 IS ‘‘(E) shall use the least restrictive means 1 possible to achieve the specified governmental 2 interest; and 3 ‘‘(F) shall consider waivers to any class- 4 based restriction or suspension and apply a re- 5 buttable presumption in favor of granting fam- 6 ily-based and humanitarian waivers. 7 ‘‘(3) CONSULTATION.—The President, the Sec- 8 retary of State, and the Secretary of Homeland Se- 9 curity shall consult with Congress before exercising 10 the authority under paragraph (1). 11 ‘‘(4) CONGRESSIONAL NOTIFICATION.—Not 12 later than 48 hours after the President exercises the 13 authority under paragraph (1), the Secretary of 14 State and the Secretary of Homeland Security shall 15 provide a briefing and submit a written report to the 16 Committee on Foreign Relations of the Senate, the 17 Committee on the Judiciary of the Senate, the Com- 18 mittee on Homeland Security and Governmental Af- 19 fairs of the Senate, the Committee on Foreign Af- 20 fairs of the House of Representatives, the Com- 21 mittee on the Judiciary of the House of Representa- 22 tives, and the Committee on Homeland Security of 23 the House of Representatives that describes— 24 VerDate Sep 11 2014 22:34 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1123.IS S1123 kjohnson on DSK79L0C42 with BILLS 5 •S 1123 IS ‘‘(A) the actions taken pursuant to para- 1 graph (1) and the number of individuals to 2 which such actions apply; 3 ‘‘(B) the constitutional and legislative au- 4 thority under which such actions took place; 5 and 6 ‘‘(C) the circumstances necessitating the 7 actions taken pursuant to paragraph (1), in- 8 cluding how such actions comply with the limi- 9 tations described in paragraph (2). 10 ‘‘(5) PERIODIC REPORTING.—If the briefing re- 11 quired under paragraph (4) is not provided by the 12 Secretary of State and the Secretary of Homeland 13 Security within 48 hours after exercising the author- 14 ity under paragraph (1), and updated every 30 days 15 thereafter, such emergency suspension or action 16 shall immediately terminate absent intervening con- 17 gressional action. 18 ‘‘(6) PUBLICATION.—The Secretary of State 19 and the Secretary of Homeland Security shall pub- 20 licly announce and publish in the Federal Register— 21 ‘‘(A) the nature of the actions taken pur- 22 suant to paragraph (1); 23 ‘‘(B) the estimated number of individuals 24 impacted by such actions; 25 VerDate Sep 11 2014 22:34 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1123.IS S1123 kjohnson on DSK79L0C42 with BILLS 6 •S 1123 IS ‘‘(C) the specified objective of each such 1 action; and 2 ‘‘(D) the circumstances necessitating such 3 actions. 4 ‘‘(7) JUDICIAL REVIEW.— 5 ‘‘(A) IN GENERAL.—Notwithstanding any 6 other provision of law, an individual or entity 7 who is present in the United States and has 8 been harmed by a violation of this subsection 9 may file an action in an appropriate district 10 court of the United States to seek declaratory 11 or injunctive relief. 12 ‘‘(B) CLASS ACTION.—Nothing in this Act 13 may be construed to preclude an action filed 14 pursuant to subparagraph (A) from proceeding 15 as a class action. 16 ‘‘(8)’’. 17 SEC. 4. TERMINATION OF CERTAIN EXECUTIVE ACTIONS. 18 (a) TERMINATION.—Presidential Proclamations 9645 19 and 9822 and Executive Orders 13769, 13780, and 13815 20 shall be void beginning on the date of the enactment of 21 this Act. 22 (b) EFFECT.—All actions made pursuant to any proc- 23 lamation or executive order terminated under subsection 24 (a) shall cease on the date of the enactment of this Act. 25 VerDate Sep 11 2014 22:34 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1123.IS S1123 kjohnson on DSK79L0C42 with BILLS 7 •S 1123 IS SEC. 5. VISA APPLICANTS REPORT. 1 (a) INITIAL REPORTS.—Not later than 90 days after 2 the date of the enactment of this Act, the Secretary of 3 State, in coordination with the relevant heads of other 4 Federal agencies, shall submit a report to the appropriate 5 congressional committees that describes the implementa- 6 tion of each of the presidential proclamations and execu- 7 tive orders referred to in section 4. The report submitted 8 with respect to Presidential Proclamation 9645 (‘‘Presi- 9 dential Proclamation Enhancing Vetting Capabilities and 10 Processes for Detecting Attempted Entry Into the United 11 States by Terrorists or Other Public-Safety Threats’’), 12 issued on September 24, 2017, should include, for each 13 country listed in Presidential Proclamation 9645 or in any 14 subsequent amendment to such proclamation— 15 (1) the total number of new visa applicants, 16 disaggregated by country and visa category; 17 (2) the total number of visa applicants ap- 18 proved, disaggregated by country and visa category; 19 (3) the total number of visa applicants rejected, 20 disaggregated by country and visa category, and the 21 reasons they were rejected; 22 (4) the total number of pending visa applicants, 23 disaggregated by country and visa category; 24 VerDate Sep 11 2014 22:34 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1123.IS S1123 kjohnson on DSK79L0C42 with BILLS 8 •S 1123 IS (5) the total number of visa applicants granted 1 a waiver, disaggregated by country and visa cat- 2 egory; 3 (6) the total number of visa applicants denied 4 a waiver under such section, disaggregated by coun- 5 try and visa category, and the reasons such waiver 6 requests were denied; 7 (7) the total number of refugees admitted, 8 disaggregated by country; and 9 (8) the complete reports that have been sub- 10 mitted to the President every 180 days in accord- 11 ance with section 4 of Presidential Proclamation 12 9645. 13 (b) ADDITIONAL REPORTS.—Not later than 30 days 14 after the President exercises authority under section 15 212(f) of the Immigration and Nationality Act, as amend- 16 ed by section 3, and every 30 days thereafter, the Sec- 17 retary of State, in coordination with the heads of other 18 relevant Federal agencies, shall submit a report to the ap- 19 propriate congressional committees that identifies, with 20 respect to visa applications affected by a suspension or 21 restriction authorized under such subsection, the informa- 22 tion described in paragraphs (1) through (7) of subsection 23 (a). 24 VerDate Sep 11 2014 22:34 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1123.IS S1123 kjohnson on DSK79L0C42 with BILLS 9 •S 1123 IS (c) FORM; AVAILABILITY.—The reports required 1 under subsections (a) and (b)— 2 (1) shall be submitted in unclassified form; and 3 (2) shall be made publicly available online. 4 Æ VerDate Sep 11 2014 22:34 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S1123.IS S1123 kjohnson on DSK79L0C42 with BILLS