H.R. 924 — NO BAN Act

This section expands the nondiscrimination provision to prohibit discrimination based on race, sex, religion, nationality, place of birth, or place of residence (adding religion) in the issuance of immigrant or nonimmigrant visas, admission or other entry into the United States, or the approval or revocation of any immigration benefit (previously, only immigrant visas). It restructures the provision to state the prohibition first, with exceptions as specifically provided in paragraph (2), sections 101(a)(27), 201(b)(2)(A)(i), and 203 of the INA, if otherwise expressly required by statute, or if a statutorily authorized benefit takes such factors into consideration (previously, exceptions stated at the outset for similar but differently cited sections).

This section revises the President's authority under INA §212(f) to suspend the entry of aliens or classes of aliens into the United States. It requires the Secretary of State, in consultation with the Secretary of Homeland Security, to determine—based on specific and credible facts—that such entry would undermine U.S. security or public safety or the preservation of human rights, democratic processes or institutions, or international stability before the President may temporarily suspend entry or impose restrictions. The revision imposes limitations on any suspension or restriction, requiring it to (1) address specific acts implicating a compelling government interest; (2) be narrowly tailored using the least restrictive means; (3) specify its duration; (4) consider waivers to class-based actions with a rebuttable presumption favoring family-based and humanitarian waivers; and (5) comply with all INA provisions. It further requires pre-action congressional consultation; a briefing and written report to specified committees (Senate and House Intelligence, Foreign Relations/Affairs, Judiciary, and Homeland Security/Governmental Affairs) within 48 hours detailing the action, impacts, legal authority, circumstances, and compliance (with automatic termination absent compliance or intervening congressional action); public announcement and Federal Register publication of an unclassified report; and judicial review in district court for harmed U.S. persons or entities seeking declaratory or injunctive relief (including class actions). The section retains the existing authority to suspend entry of aliens transported by noncompliant commercial airlines and states that no provision authorizes actions inconsistent with immigration laws.

This section directs the Secretary of State, in coordination with the Secretary of Homeland Security and other relevant federal agencies, to submit reports to specified congressional committees on visa applicants affected by Presidential Proclamations 9645, 9822, and 9983 and Executive Orders 13769, 13780, and 13815. (1) Initial reports are due not later than 90 days after enactment and describe implementation during each proclamation or order's effective period; reports on Proclamations 9645 and 9983 must include, for each listed country, total visa applicants (by category), approvals, refusals (with reasons), pending applications, waivers granted/denied (with reasons), refugees admitted, and prior 180-day reports to the President. (2) Additional reports are due not later than 30 days after any exercise of INA §212(f) authority (as amended by section 3) and every 30 days thereafter, covering the same applicant data for affected countries plus evidence justifying continued restrictions (per §212(f)(3)(B)); late reports terminate the restriction absent congressional action, with a final report due 30 days after termination. (3) All reports must be publicly available online in unclassified form.