S.398 - National Origin-Based Antidiscrimination for Nonimmigrants Act; NO BAN Act (119th Congress)
Summary
S.398, also known as the NO BAN Act, seeks to limit the President's authority to suspend or restrict the entry of aliens into the United States. It amends the Immigration and Nationality Act to prevent discrimination based on national origin and religion in immigration decisions. The bill also mandates increased congressional oversight and judicial review of presidential actions related to immigration restrictions.
Expected Effects
If enacted, the NO BAN Act would significantly curtail the executive branch's power to impose broad immigration restrictions based on nationality or religion. It would increase transparency and accountability through mandatory reporting to Congress and allow individuals harmed by violations to seek legal remedies. The bill aims to ensure that any restrictions are narrowly tailored, based on credible evidence, and subject to judicial review.
Potential Benefits
- Prevents discrimination based on national origin and religion in immigration decisions, aligning with principles of equality.
- Enhances congressional oversight of executive actions related to immigration, promoting checks and balances.
- Provides judicial review for individuals harmed by immigration restrictions, ensuring due process.
- Requires the use of the least restrictive means when imposing immigration restrictions, minimizing potential harm.
- Increases transparency through public reporting requirements.
Potential Disadvantages
- May limit the President's ability to respond quickly to perceived national security threats.
- Could potentially hinder efforts to address specific security concerns related to certain countries or individuals.
- The increased reporting requirements could create additional administrative burdens for the executive branch.
- The bill's limitations on executive power might be viewed as an infringement on the President's constitutional authority over immigration.
- The judicial review provisions could lead to increased litigation and legal challenges.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the Constitution is complex. While it aims to prevent discrimination, potentially aligning with the Equal Protection principles, it also limits the executive branch's power over immigration, which has historically been broad. Article I, Section 8 grants Congress the power to establish a uniform Rule of Naturalization. The President's power in this area is often derived from statutory delegation by Congress. The bill seeks to redefine that delegation.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).