April 10, 2019

Senator Chris Coons (D-DE) and Representative Judy Chu (D-CA) have introduced the “National Origin Based Antidiscrimination for Nonimmigrants” (NO BAN) Act, which terminates all versions of President Donald Trump's Muslim ban as well as the executive orders that banned entry of asylum seekers and refugees. This bill ensures that no person can be denied entry into the United States based on their religion. 

An Overview of the NO BAN Act

Terminates the Muslim Ban.

• The No Ban Act is a necessary rejection of anti-Muslim bigotry in our immigration system. By supporting this piece of legislation, members will support religious freedom and nondiscrimination.  
• Section 4 of the No Ban Act repeals the three Muslim ban executive orders/presidential proclamations. Section 4 also repeals the executive order requiring extreme vetting of refugees as well as the asylum presidential proclamation.
• Given the rise of nationalism and hate directed towards Muslim communities around the world, this bill is a timely rejection of exclusion based solely on religion.

Expands the nondiscrimination clause.

• The No Ban Act ensures that no member of any faith community can be denied entry into the United States based on their religious beliefs.  Section 2 expands the nondiscrimination clause to include individuals who apply for nonimmigrant (temporary) visas.
• Section 2 of the No Ban Act protects against future attempts to deny entry into the United States on the basis of religion.  This includes immigrants of all religious faiths, not just Muslims.

Limits the ability of Presidents to ban classes of immigrants.

• The No Ban Act creates important limitations on future Presidential authority.  Specifically, it requires that any future ban on class of immigrants:
  
  
  • Be based on specific evidence
  • Comply with all the provisions of the No Ban Act, including 202(a)(1)(A)
  • Be narrowly tailored to the suspension or restriction to meet a compelling governmental interest
  • Specify the duration of the suspension or restriction and provide evidence justifying the duration
  • Use the least restrictive means possible to achieve the specified governmental interest
  • Consider waivers to any class-based restriction or suspension and apply a rebuttable presumption in favor of granting family-based and humanitarian waivers.
• The No Ban Act also creates transparency and accountability mechanisms so that the American public can better understand future Presidential determinations.
• The No Ban Act ensures that the Trump administration’s Muslim Ban cannot be replicated for future classes of potential immigrants.

Includes robust reporting requirements.  

• The No Ban Act creates accountability for future Administrations by requiring Presidents to justify exclusions to Members of Congress.
• Section 5 of the No Ban Act requires the Executive Branch to undergo periodic reporting when future Administrations use INA Sec. 212(f) to limit admissions, and to provide reports on existing bans.