H.R. 1333 · 117th Congress · House

NO BAN Act

In Congress· Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Introduced
Feb 25, 21
Passed House
Apr 21, 21
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

National Origin-Based Antidiscrimination for Nonimmigrants Act or the NO BAN Act

This bill imposes limitations on the President's authority to suspend or restrict aliens from entering the United States. It also prohibits religious discrimination in various immigration-related decisions, such as whether to issue an immigrant or nonimmigrant visa, unless there is a statutory basis for such discrimination.

The President may temporarily restrict the entry of any aliens or class of aliens after the Department of State determines that the restriction would address specific and credible facts that threaten U.S. interests such as security or public safety.

The bill also imposes limitations on such restrictions, such as requiring the President, State Department, and the Department of Homeland Security (DHS) to (1) only issue a restriction when required to address a compelling government interest, and (2) narrowly tailor the suspension to use the least restrictive means to achieve such an interest.

Before imposing a restriction, the State Department and DHS shall consult with Congress. The State Department and DHS shall report to Congress about the restriction within 48 hours of the restriction's imposition. If such a report is not made, the restriction shall immediately terminate.

Individuals or entities present in the United States and unlawfully harmed by such a restriction may sue in federal court.

DHS may suspend the entry of aliens traveling to the United States on a commercial airline that failed to comply with regulations related to detecting fraudulent travel documents.

Previous Versions

08Apr 16, 2021

National Origin-Based Antidiscrimination for Nonimmigrants Act or the NO BAN Act

This bill imposes limitations on the President's authority to suspend or restrict aliens from entering the United States. It also prohibits religious discrimination in various immigration-related decisions, such as whether to issue an immigrant or nonimmigrant visa, unless there is a statutory basis for such discrimination.

The President may temporarily restrict the entry of any aliens or class of aliens after the Department of State determines that the restriction would address specific and credible facts that threaten U.S. interests such as security or public safety.

The bill also imposes limitations on such restrictions, such as requiring the President, State Department, and the Department of Homeland Security (DHS) to (1) only issue a restriction when required to address a compelling government interest, and (2) narrowly tailor the suspension to use the least restrictive means to achieve such an interest.

Before imposing a restriction, the State Department and DHS shall consult with Congress. The State Department and DHS shall report to Congress about the restriction within 48 hours of the restriction's imposition. If such a report is not made, the restriction shall immediately terminate.

Individuals or entities present in the United States and unlawfully harmed by such a restriction may sue in federal court.

DHS may suspend the entry of aliens traveling to the United States on a commercial airline that failed to comply with regulations related to detecting fraudulent travel documents.

00Feb 25, 2021

National Origin-Based Antidiscrimination for Nonimmigrants Act or the NO BAN Act

This bill imposes limitations on the President's authority to suspend or restrict aliens from entering the United States. It also prohibits religious discrimination in various immigration-related decisions, such as whether to issue an immigrant or nonimmigrant visa, unless there is a statutory basis for such discrimination.

The President may temporarily restrict the entry of any aliens or class of aliens after the Department of State determines that the restriction would address specific and credible facts that threaten U.S. interests such as security or public safety.

The bill also imposes limitations on such restrictions, such as requiring the President, State Department, and the Department of Homeland Security (DHS) to (1) only issue a restriction when required to address a compelling government interest, and (2) narrowly tailor the suspension to use the least restrictive means to achieve such an interest.

Before imposing a restriction, the State Department and DHS shall consult with Congress. The State Department and DHS shall report to Congress about the restriction within 48 hours of the restriction's imposition. If such a report is not made, the restriction shall immediately terminate.

Individuals or entities present in the United States and unlawfully harmed by such a restriction may sue in federal court.

DHS may suspend the entry of aliens traveling to the United States on a commercial airline that failed to comply with regulations related to detecting fraudulent travel documents.

Action Timeline

33
  1. APR 22, 2021IntroReferral

    Received in the Senate and Read twice and referred to the Committee on the Judiciary.

  2. APR 21, 2021Floor

    Considered under the provisions of rule H

    Res. 330. (consideration: CR H2005-2016)

    2005Yea
    2016Nay
    0NV
  3. APR 21, 2021Floor

    Rule provides for consideration of H.R

    51, H.R. 1573 and H.R. 1333. Measure will be considered read. Bill is closed to amendments. The previous question on each measure is considered ordered without intervening motions except one hour of debate and a motion to recommit. H. Res. 316 and H. Con. Res. 30 are adopted.

  4. APR 21, 2021Floor

    DEBATE - The House proceeded with one hour of debate on H.R. 1333.

  5. APR 21, 2021Floor

    The previous question was ordered pursuant to the rule.

  6. APR 21, 2021Floor

    Mr

    Wenstrup moved to recommit to the Committee on the Judiciary. (text: CR H2015)

  7. APR 21, 2021Floor

    The previous question on the motion was ordered without objection.

  8. APR 21, 2021Floor

    POSTPONED PROCEEDINGS - The Chair put the question on the Wenstrup motion to recommit and by voice vote, announced that the noes had prevailed. Mr. Wenstrup demanded the yeas and nays and the Chair postponed further proceedings on the until a time to be announced.

  9. APR 21, 2021Floor

    Considered as unfinished business

    (consideration: CR H2029-2030)

    2029Yea
    2030Nay
    0NV
  10. APR 21, 2021Floor

    On motion to recommit Failed by the Yeas and Nays

    Roll Call #126

    208 - 216 (Roll no. 126).

    208Yea
    216Nay
    0NV
  11. APR 21, 2021Floor

    Passed/agreed to in House

    Roll Call #127

    On passage Passed by the Yeas and Nays: 218 - 208 (Roll no. 127).(text: CR H2005-2006)

    218Yea
    208Nay
    0NV
  12. APR 21, 2021Floor

    On passage Passed by the Yeas and Nays

    Roll Call #127

    218 - 208 (Roll no. 127). (text: CR H2005-2006)

    218Yea
    208Nay
    0NV
  13. APR 21, 2021Floor

    Motion to reconsider laid on the table Agreed to without objection.

  14. APR 20, 2021Floor

    Rules Committee Resolution H

    Res. 330 Reported to House. Rule provides for consideration of H.R. 51, H.R. 1573 and H.R. 1333. Measure will be considered read. Bill is closed to amendments. The previous question on each measure is considered ordered without intervening motions except one hour of debate and a motion to recommit. H. Res. 316 and H. Con. Res. 30 are adopted.

  15. APR 20, 2021Floor

    Rule H

    Res. 330 passed House.

  16. APR 16, 2021Committee

    Reported (Amended) by the Committee on Judiciary

    H. Rept. 117-20, Part I.

    117Yea
    20Nay
    0NV
  17. APR 16, 2021Committee

    Reported (Amended) by the Committee on Judiciary

    H. Rept. 117-20, Part I.

    117Yea
    20Nay
    0NV
  18. APR 16, 2021Committee

    Committee on Foreign Affairs discharged.

  19. APR 16, 2021Discharge

    Committee on Foreign Affairs discharged.

  20. APR 16, 2021Committee

    Committee on Homeland Security discharged.

  21. APR 16, 2021Discharge

    Committee on Homeland Security discharged.

  22. APR 16, 2021Committee

    Committee on Intelligence (Permanent) discharged.

  23. APR 16, 2021Discharge

    Committee on Intelligence (Permanent) discharged.

  24. APR 16, 2021Calendars

    Placed on the Union Calendar, Calendar No. 7.

  25. APR 14, 2021Committee

    Committee Consideration and Mark-up Session Held.

  26. APR 14, 2021Committee

    Ordered to be Reported (Amended) by the Yeas and Nays: 25 - 17.

    25Yea
    17Nay
    0NV
  27. FEB 26, 2021Committee

    Referred to the Subcommittee on Border Security, Facilitation, and Operations.

  28. FEB 25, 2021IntroReferral

    Introduced in House

  29. FEB 25, 2021IntroReferral

    Introduced in House

  30. FEB 25, 2021IntroReferral

    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.

  31. FEB 25, 2021IntroReferral

    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.

  32. FEB 25, 2021IntroReferral

    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.

  33. FEB 25, 2021IntroReferral

    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.

Committees

11

Judiciary Committee

ssju00

Referred: Apr 22, 2021

Active

Intelligence (Permanent Select) Committee

hlig00

Referred: Apr 17, 2021

Active

Homeland Security Committee

hshm00

Referred: Apr 17, 2021

Active

Foreign Affairs Committee

hsfa00

Referred: Apr 17, 2021

Active

Judiciary Committee

hsju00

Referred: Apr 17, 2021

Active

Judiciary Committee

hsju00

Referred: Apr 14, 2021

Active

Border Security and Enforcement Subcommittee

hshm11

Referred: Feb 26, 2021

Active

Intelligence (Permanent Select) Committee

hlig00

Referred: Feb 25, 2021

Active

Homeland Security Committee

hshm00

Referred: Feb 25, 2021

Active

Foreign Affairs Committee

hsfa00

Referred: Feb 25, 2021

Active

Judiciary Committee

hsju00

Referred: Feb 25, 2021

Active