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Understanding HR1333: NO BAN Act

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The NO BAN Act, or H.R. 1333, is a bill aimed at limiting the President's power to ban foreign nationals from entering the United States based on their nationality or religion. It seeks to prevent discrimination in immigration decisions and ensure transparency and oversight in the process.

What This Bill Does

The NO BAN Act proposes several changes to how the U.S. handles entry bans for foreign nationals. First, it shifts the power to impose such bans from the President to the Secretary of Homeland Security, who must consult with other top officials. This means that decisions to bar entry must be based on credible evidence that a specific group poses a threat, and these decisions must be narrowly focused and limited in time and scope. The bill also aims to prevent discrimination based on religion in immigration decisions. This means that people cannot be denied visas or entry into the U.S. simply because of their religious beliefs. The bill requires that any bans be reviewed regularly and reported to Congress, ensuring that they are justified and necessary. Additionally, the NO BAN Act allows for exceptions in cases where individuals have significant ties to the U.S., face urgent humanitarian needs, or where it serves the public interest. This ensures that the bans are not overly broad and that they consider individual circumstances. Finally, the bill emphasizes transparency by requiring public notice and detailed reports to Congress about the reasons for any entry bans. This includes the evidence supporting the ban, the groups affected, and why less restrictive measures wouldn't work.

Why It Matters

The NO BAN Act is important because it seeks to protect individuals from being unfairly targeted based on their nationality or religion. By requiring evidence and oversight, it aims to prevent broad and potentially discriminatory bans that can separate families and disrupt lives. For everyday Americans, this bill could mean more predictable and fair immigration policies. Families with members from countries previously affected by travel bans might face fewer obstacles in reuniting. Institutions like universities and hospitals that rely on international talent could experience less disruption.

Key Facts

  • Cost/Budget Impact: The bill does not create large new programs; it mainly involves administrative costs for reporting and reviews.
  • Timeline for Implementation: Most provisions would take effect immediately upon enactment.
  • Number of People Affected: The bill impacts foreign nationals seeking visas, U.S. citizens with family abroad, and institutions relying on international talent.
  • Key Dates: The bill passed the House in April 2021 but did not receive a Senate vote.
  • Existing Restrictions: The bill applies to new or extended bans after enactment, with prior bans already rescinded.
  • Transparency Requirements: It mandates public notice and detailed reports to Congress for any entry bans.
  • Judicial Review: The bill ensures that affected individuals can challenge bans in court.

Arguments in Support

- Prevents Discrimination: Supporters argue that the bill prevents future bans that unfairly target specific religious groups, like the previous "Muslim bans." - Restores Checks and Balances: By requiring evidence and oversight, the bill limits unilateral executive power and ensures Congress has a role in major immigration decisions. - Protects Families: The bill reduces the risk of families being separated due to broad, arbitrary bans. - Reinforces Civil Rights: It aligns immigration policy with U.S. commitments to civil rights and religious freedom. - Improves National Security: By focusing on specific threats, the bill aims to use resources more effectively and avoid broad, ineffective bans.

Arguments in Opposition

- Limits Quick Response: Critics argue that the bill's requirements could delay the government's ability to respond swiftly to security threats. - Constrains Security Tools: Opponents say the bill over-legalizes national security tools, making it harder to impose necessary restrictions. - Encourages Litigation: The bill's standards could lead to extensive lawsuits, with courts second-guessing security decisions. - Complicates Health Responses: Critics worry it could hinder the ability to impose travel restrictions during global health emergencies. - Weakens Deterrence: The bill might reduce the U.S.'s ability to use entry restrictions as a diplomatic signal or sanction.
Sources8
Last updated 1/10/2026
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    clerk.house.gov
  2. is
    issuevoter.org
  3. se
    coons.senate.gov
  4. co
    congress.gov
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    congress.gov
  6. pl
    open.pluralpolicy.com
  7. co
    congress.gov
  8. go
    govinfo.gov

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Understanding HR1333: NO BAN Act | ModernAction