[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2214 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 2214
To transfer and limit Executive Branch authority to suspend or restrict
the entry of a class of aliens.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2019
Ms. Judy Chu of California (for herself, Mr. Pallone, Ms. Eshoo, Ms.
Clarke of New York, Mr. Blumenauer, Ms. Stevens, Mrs. Watson Coleman,
Mrs. Napolitano, Miss Rice of New York, Ms. Velazquez, Mr. Kildee, Mr.
DeSaulnier, Ms. DelBene, Mr. Pocan, Mr. Evans, Mrs. Lawrence, Ms.
Pressley, Mr. Levin of Michigan, Mr. David Scott of Georgia, Mr.
Grijalva, Mr. Brown of Maryland, Mr. Nadler, Ms. Lofgren, Mr. Carson of
Indiana, Mr. Beyer, Ms. Omar, Mr. Khanna, Ms. Jayapal, Ms. Tlaib, Ms.
Norton, Ms. Schakowsky, Mr. Rose of New York, Mr. Espaillat, Mr. Gomez,
Mrs. Dingell, Mr. Rush, Mr. Smith of Washington, Mr. Cardenas, Ms.
Shalala, Mr. Correa, Ms. Ocasio-Cortez, Ms. Lee of California, Mr.
Malinowski, Ms. Spanberger, Mr. McGovern, Mr. Cohen, Mr. Johnson of
Georgia, Mr. Ruppersberger, Ms. Meng, Mr. Tonko, Mrs. Trahan, Mr.
Kennedy, Mr. Moulton, Ms. Adams, Mr. Cummings, Mr. Connolly, Ms.
Roybal-Allard, Mr. Lewis, Mrs. Kirkpatrick, Mr. Sires, Ms. Slotkin, Mr.
Green of Texas, Ms. McCollum, and Mr. Doggett) 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 TITLES.
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 inserting ``or a nonimmigrant visa, entry into the
United States, or the approval or revocation of any immigration
benefit'' after ``immigrant visa'';
(2) by inserting ``religion,'' after ``sex,''; and
(3) by inserting ``, except if expressly required by
statute, or if a statutorily authorized benefit takes into
consideration such factors'' before the period at the end.
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--
(1) in the subsection heading, by striking ``by
President''; and
(2) by striking ``Whenever the President'' and all that
follows through ``appropriate.'' and inserting the following:
``(1) In general.--Subject to paragraph (2), if the
Secretary of State, after consultation with the Secretary of
Homeland Security, determines, based on credible facts, that
the entry of any aliens or of any class of aliens into the
United States should be suspended or restricted to address
specific acts that undermine the security or public safety of
the United States; human rights; democratic processes or
institutions; or international stability, the President may
temporarily--
``(A) suspend the entry of any aliens or any class
of aliens as immigrants or nonimmigrants; or
``(B) impose any restrictions on the entry of
aliens that the President considers to be appropriate.
``(2) Limitations.--In carrying out paragraph (1), the
President, the Secretary of State, and the Secretary of
Homeland Security--
``(A) shall provide specific evidence supporting
the determination;
``(B) shall comply with all provisions of this Act,
including section 202(a)(1)(A);
``(C) shall narrowly tailor the suspension or
restriction to meet a compelling governmental interest;
``(D) shall specify the duration of the suspension
or restriction and set forth evidence justifying such
duration;
``(E) shall use the least restrictive means
possible to achieve the specified governmental
interest; and
``(F) shall consider waivers to any class-based
restriction or suspension and apply a rebuttable
presumption in favor of granting family-based and
humanitarian waivers.
``(3) Consultation.--The President, the Secretary of State,
and the Secretary of Homeland Security shall consult with
Congress before exercising the authority under paragraph (1).
``(4) Congressional notification.--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 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
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 that describes--
``(A) the actions taken pursuant to paragraph (1)
and the number of individuals to which such actions
apply;
``(B) the constitutional and legislative authority
under which such actions took place; and
``(C) the circumstances necessitating the actions
taken pursuant to paragraph (1), including how such
actions comply with the limitations described in
paragraph (2).
``(5) Periodic reporting.--If the briefing required under
paragraph (4) is not provided by the Secretary of State and the
Secretary of Homeland Security within 48 hours after exercising
the authority under paragraph (1), and updated every 30 days
thereafter, such emergency suspension or action shall
immediately terminate absent intervening congressional action.
``(6) Publication.--The Secretary of State and the
Secretary of Homeland Security shall publicly announce and
publish in the Federal Register--
``(A) the nature of the actions taken pursuant to
paragraph (1);
``(B) the estimated number of individuals impacted
by such actions;
``(C) the specified objective of each such action;
and
``(D) the circumstances necessitating such actions.
``(7) 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.
``(8)''.
SEC. 4. TERMINATION OF CERTAIN EXECUTIVE ACTIONS.
(a) Termination.--Presidential Proclamations 9645 and 9822 and
Executive Orders 13769, 13780, and 13815 shall be void beginning on the
date of the enactment of this Act.
(b) Effect.--All actions made pursuant to any proclamation or
executive order terminated under subsection (a) shall cease on the date
of the enactment of this Act.
SEC. 5. VISA APPLICANTS REPORT.
(a) Initial Reports.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
relevant heads of other Federal agencies, shall submit a report to the
appropriate congressional committees that describes the implementation
of each of the presidential proclamations and executive orders referred
to in section 4. The report submitted with respect to Presidential
Proclamation 9645 (``Presidential Proclamation Enhancing Vetting
Capabilities and Processes for Detecting Attempted Entry Into the
United States by Terrorists or Other Public-Safety Threats''), issued
on September 24, 2017, should include, for each country listed in
Presidential Proclamation 9645 or in any subsequent amendment to such
proclamation--
(1) the total number of new visa applicants, disaggregated
by country and visa category;
(2) the total number of visa applicants approved,
disaggregated by country and visa category;
(3) the total number of visa applicants rejected,
disaggregated by country and visa category, and the reasons
they were rejected;
(4) the total number of pending visa applicants,
disaggregated by country and visa category;
(5) the total number of visa applicants granted a waiver,
disaggregated by country and visa category;
(6) the total number of visa applicants denied a waiver
under such section, disaggregated by country and visa category,
and the reasons such waiver requests were denied;
(7) the total number of refugees admitted, disaggregated by
country; and
(8) the complete reports that have been submitted to the
President every 180 days in accordance with section 4 of
Presidential Proclamation 9645.
(b) Additional Reports.--Not later than 30 days after the President
exercises authority under section 212(f) of the Immigration and
Nationality Act, as amended by section 3, and every 30 days thereafter,
the Secretary of State, in coordination with the heads of other
relevant Federal agencies, shall submit a report to the appropriate
congressional committees that identifies, with respect to visa
applications affected by a suspension or restriction authorized under
such subsection, the information described in paragraphs (1) through
(7) of subsection (a).
(c) Form; Availability.--The reports required under subsections (a)
and (b)--
(1) shall be submitted in unclassified form; and
(2) shall be made publicly available online.
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