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Replaces the existing text of 8 U.S.C. 1182(f) (Section 212(f) of the INA) with a new provision that conditions and limits the President's authority to suspend or restrict entry of classes of aliens, adds procedural requirements (consultation with Congress; briefing and written report within 48 hours; publication), provides for judicial review and class actions, addresses treatment of commercial airlines, and includes rules of construction.
Amends 8 U.S.C. 1152(a)(1)(A) by striking the opening exception clause 'Except as specifically provided in paragraph (2) and in sections 101(a)(27), 201(b)(2)(A)(i), and 203, no' and inserting 'No'. The amendment text also includes additional insertions at specified points (the provided section text shows 'by inserting after ;' and 'by inserting before the period at the end the following: .'), but the inserted text is not provided in this section.
Grants the President expanded power to temporarily suspend or restrict the entry of an individual or class of noncitizens when the Secretary of State (with DHS) finds, on specific and credible facts, that entry would harm U.S. security, public safety, human rights, democratic processes, or international stability. The measure requires rapid consultation and transparency: the executive must notify Congress within 48 hours, publish an unclassified report, and the statute allows affected people to sue in federal court. It also includes a special rule addressing commercial airlines that repeatedly fail to detect fraudulent travel documents. Requires the State Department, working with DHS and other agencies, to produce and publish scheduled reports describing implementation of relevant presidential proclamations and executive orders, including detailed visa and refugee data; initial and recurring reporting deadlines are set (a 90‑day initial report and 30‑day recurring reports when entry-suspension authority is used). The bill imposes new procedural, reporting, and transparency requirements on federal agencies and increases congressional oversight, while creating potential litigation and diplomatic consequences.
Strike "Except as specifically provided in paragraph (2) and in sections 101(a)(27), 201(b)(2)(A)(i), and 203, no" and insert "No".
By inserting after ; (the provided text shows the insertion point but does not show any text to be inserted).
By inserting after ; and (the provided text shows the insertion point but does not show any text to be inserted).
By inserting before the period at the end the following: . (the provided text indicates an insertion before the final period but does not show the inserted material).
Amends Section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)) to replace that subsection with the text in this section.
Primary effects:
Noncitizens/visa applicants: The legislation directly affects individuals seeking entry to the United States. The President could temporarily bar specific individuals or whole classes of noncitizens on national security, public safety, human rights, democratic process, or international stability grounds. That could result in sudden visa refusals, entry denials, or suspension of travel from targeted groups or countries.
Federal agencies (State, DHS, consular officers): The State Department and DHS will face additional procedural and reporting obligations. Consular operations and border enforcement may need to implement suspension actions, collect detailed visa/refugee data, produce frequent public reports, and support congressional oversight. Agencies may need to shift staff and resources to comply with tight reporting timelines (48 hours for notification, 90‑day initial report, recurring 30‑day updates).
Airlines and commercial carriers: The special rule linking entry suspension to carriers' failure to detect fraudulent travel documents creates new compliance and enforcement risk for air carriers. Airlines may face operational impacts, increased document-screening requirements, reputational risk, and potential penalties or restrictions if found repeatedly deficient.
Courts and legal system: The statute expressly authorizes judicial review, which will likely generate litigation over factual sufficiency, standards of review, classified material handling, and constitutional issues. Courts may be asked to balance executive deference, national security secrecy, and individual rights.
Congress and public oversight: Faster notification and mandated public, unclassified reports increase congressional oversight capacity and public transparency about who is being restricted and why. This may intensify political scrutiny and diplomatic consequences.
International relations and humanitarian impacts: Using human rights or democratic-process findings as grounds for entry suspensions could affect diplomatic relations with foreign governments and potentially complicate asylum/refugee processing or humanitarian admissions. The potential for broad or targeted suspensions could create uncertainty for travelers, dual nationals, refugees, and migrants.
Overall, the bill increases executive power to act rapidly on entry decisions while adding procedural checks, reporting, and transparency that shift administrative burdens to federal agencies and create avenues for legal challenge and congressional oversight.
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NO BAN Act
Read twice and referred to the Committee on the Judiciary.
Introduced February 4, 2025 by Christopher A. Coons · Last progress February 4, 2025
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate
