S. 398 — NO BAN Act

This section expands the nondiscrimination provision applicable to per-country limits on family-sponsored and employment-based immigrant visas to also cover nonimmigrant visas, admission or other entry into the United States, and the approval or revocation of any immigration benefit (previously limited to immigrant visas); adds religion to the list of prohibited bases for discrimination, which previously included only race, sex, nationality, place of birth, or place of residence; and modifies the exceptions to permit discrimination as specifically provided in paragraph (2) and 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. (Thus, the provision broadens anti-discrimination protections across most immigration processes while preserving statutory exceptions for per-country limits and certain benefits.)

This section revises the President's authority under INA §212(f) to suspend or restrict the entry of aliens or classes of aliens. (As background, this provision has historically enabled presidential proclamations—commonly known as travel bans—to temporarily bar entry based on a broad finding of detriment to U.S. interests.) The revision requires the Secretary of State, in consultation with the Secretary of Homeland Security, to make a determination based on specific and credible facts that 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 of such aliens as immigrants or nonimmigrants or impose restrictions. In exercising this authority, the President, Secretary of State, and Secretary of Homeland Security must (1) limit actions to specific acts implicating a compelling government interest; (2) narrowly tailor suspensions or restrictions using the least restrictive means; (3) specify their duration; (4) consider and apply a rebuttable presumption in favor of family-based and humanitarian waivers; and (5) comply with all INA provisions. (Thus, the authority is significantly narrowed from its prior broad discretion.) Before any action, the Secretaries must consult with Congress and provide supporting evidence; within 48 hours after action, they must brief specified committees and submit a report detailing the action, estimated impacts, legal authority, circumstances, and compliance—including intelligence—and publish an unclassified version in the Federal Register. Failure to provide the briefing and report within 48 hours terminates the action absent congressional action. The revision authorizes judicial review in U.S. district court by any U.S.-present individual or entity harmed by a violation, seeking declaratory or injunctive relief (expressly allowing class actions), retains the existing authority to suspend entry of aliens transported by noncompliant commercial airlines, and includes a rule of construction prohibiting 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 processing under Presidential Proclamations 9645, 9822, and 9983 and Executive Orders 13769, 13780, and 13815. Specifically, (1) an initial report is due within 90 days of enactment describing implementation during each proclamation or order's effective period, with additional country- and visa category-specific data for Proclamations 9645 and 9983 on applications, approvals, denials (and reasons), pending cases, waivers granted or denied (and reasons), refugee admissions, and prior 180-day reports to the President; (2) for each exercise of INA §212(f) authority (8 U.S.C. 1182(f)), initial and monthly reports are due within 30 days thereafter and every 30 days after, providing similar data for affected countries plus evidence justifying continued restrictions, with untimely reports automatically terminating the restriction absent congressional action; and (3) a final report is due within 30 days of any restriction's termination. All reports must be publicly available online in unclassified form.