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S. 398 · Where this bill is now

In committee

Introduced in the Senate, Feb 4, 2025

What this bill does

In plain words · AI-written from the official summary

Limits president's power to restrict immigration

This bill puts restrictions on when and how the President can suspend or limit people entering the United States. It says the President can only do this if there's a specific, real threat to public safety or other important U.S. interests, and the restriction has to be as narrow as possible. The bill also bars discrimination based on religion in visa decisions, unless there's a legal reason for it. Before putting any restrictions in place, the State Department and Department of Homeland Security have to talk with Congress and report what they're doing within 48 hours.

How it affects you

If you're someone hoping to immigrate to or visit the United States, this bill would give you more protection against entry restrictions based on religion or national origin. People who are already in the U.S. and believe they were unfairly harmed by a restriction could potentially sue in court to challenge it. For the general public, this bill changes the rules about how much power the President has to make unilateral decisions about immigration, requiring more congressional involvement and transparency.

Read the official summary (Introduced in Senate, Feb 4, 2025)

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 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.

The bill transfers the authority to 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 from the Department of Justice to DHS.

Written by AI (Claude) using only the official summary by the Congressional Research Service, the Library of Congress’s nonpartisan research staff. It can miss nuance, so check the official summary and the bill text for details.

119th Congress
1st Session
S. 398

A BILL

NO BAN Act

In the SenateNo vote yet

Sponsor: Sen. Christopher A. Coons (D-DE) · Introduced Feb 4, 2025 · Immigration · 1 version of the text

Sources: Congress.gov actions and votes · bill text from GovInfo · latest official action Feb 4, 2025: “Read twice and referred to the Committee on the Judiciary.”

Sections

Sections · 4