Should Congress limit the president’s ability to bar immigrants?
Bill Summary
The NO BAN Act of 2021 is a direct reaction to President Trump’s ban on the visas of immigrants from more than 13 majority Muslim countries. President Biden has rescinded the 2017 ban, but the NO BAN Act would limit the power of the president to institute another similar policy by taking away the president’s authority to ban immigrants unless there is a compelling government interest and the ban is narrowly tailored. The bill also bans religious discrimination in the visa application process.
Sponsor: Rep. Judy Chu (Democrat, California, District 27)
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Opponents say
• "The radical NO BAN Act would effectively cripple the president’s powers to make legitimate national security decisions and protect the American people from things like the coronavirus pandemic. As the Supreme Court already affirmed, Congress has delegated to the president clear, unambiguous authority to suspend entry to any alien or class of aliens deemed detrimental to the interests of the United States. It must stay that way."
Source: Dan SteinPresident of the Federation for American Immigration Reform
• "There has never been any ‘Muslim Ban’ … Instead, what the department has done over the course of four years is spell out very specific criteria that these countries need to meet. We're very up front with [the countries] about how to meet that and, in the process, we are getting more information today… known and suspected terrorist travel patterns today because of this process than we ever have."” Source: Chad WolfFormer Secretary of the Department of Homeland Security
• "Until the president signed the first travel executive order in January of 2017, very few had ever heard of the Immigration and Nationality Act’s section 212(f) authority. This act provides the president broad latitude to impose restrictions on the entry of aliens or classes of aliens to the United States when such entry ‘would be detrimental to the interests of the United States . . .’ And it has been used successfully by Presidents Ronald Reagan, Barack Obama, and others." Source: Former Rep. Doug Collins(Republican, Georgia, District 9)
• "There has never been any ‘Muslim Ban’ … Instead, what the department has done over the course of four years is spell out very specific criteria that these countries need to meet. We're very up front with [the countries] about how to meet that and, in the process, we are getting more information today… known and suspected terrorist travel patterns today because of this process than we ever have."” Source: Chad WolfFormer Secretary of the Department of Homeland Security
• "Until the president signed the first travel executive order in January of 2017, very few had ever heard of the Immigration and Nationality Act’s section 212(f) authority. This act provides the president broad latitude to impose restrictions on the entry of aliens or classes of aliens to the United States when such entry ‘would be detrimental to the interests of the United States . . .’ And it has been used successfully by Presidents Ronald Reagan, Barack Obama, and others." Source: Former Rep. Doug Collins(Republican, Georgia, District 9)
Proponents say
• "The Muslim Ban was a hateful stain on our nation. Inspired only by bigotry and not any genuine national security concerns, the ban served only to separate families while stoking bigotry, xenophobia, and Islamophobia… We cannot risk letting prejudice become policy again. That is why I am once again introducing the NO BAN Act to update our laws. By requiring actual evidence of a threat before there can be any such broad-based bans like this, the NO BAN Act ensures that future presidents will not be able to ban people solely because of their religion."
Source: Rep. Judy Chu(Democrat, California, District 27)
• "President Biden rightly rescinded Trump’s Muslim ban, including the expansion explicitly targeting Africans, on day one of his administration, but the lack of strict standards and accountability in existing laws maintains the risk of future discriminatory bans. As Black and Brown immigrants continue to bear the brunt of our broken system, we hope that this bill marks the beginning of a new chapter in which protecting Black and Brown immigrants is at the forefront of immigration reforms" Source: Manar Waheed Senior Legislative and Advocacy Counsel for the American Civil Liberties Union
• "Donald Trump’s Muslim Ban is a dark strain on our country’s history, and it must never happen again. Congress’s work is not finished just because Trump was defeated – it is very important to make clear to the American people and to the world that this betrayal of our national values, which hurt so many people, is not what we stand for and will not being repeated. Our legislation would help repair the damage to our reputation as a global leader in the cause of freedom and human rights, and reaffirm America’s stance against bigotry and religious discrimination" Source: Rep. Don Beyer(Democrat, Virginia, District 8)
• "President Biden rightly rescinded Trump’s Muslim ban, including the expansion explicitly targeting Africans, on day one of his administration, but the lack of strict standards and accountability in existing laws maintains the risk of future discriminatory bans. As Black and Brown immigrants continue to bear the brunt of our broken system, we hope that this bill marks the beginning of a new chapter in which protecting Black and Brown immigrants is at the forefront of immigration reforms" Source: Manar Waheed Senior Legislative and Advocacy Counsel for the American Civil Liberties Union
• "Donald Trump’s Muslim Ban is a dark strain on our country’s history, and it must never happen again. Congress’s work is not finished just because Trump was defeated – it is very important to make clear to the American people and to the world that this betrayal of our national values, which hurt so many people, is not what we stand for and will not being repeated. Our legislation would help repair the damage to our reputation as a global leader in the cause of freedom and human rights, and reaffirm America’s stance against bigotry and religious discrimination" Source: Rep. Don Beyer(Democrat, Virginia, District 8)
- Rep. Chu Reintroduces NO BAN Act to Prevent Future Muslim Bans (Press Release)
- House Democrat Reintroduces NO BAN Act to Prevent Future Muslim Bans (Press Release)
- House Judiciary Democrats advance bill to bar future 'Muslim ban' (The Hill)
- ACLU statement on NO BAN Introduction (Press Release)
- FAIR: ‘NO BAN’ Act Endangers Public Safety, National Security (Press Release)
- Somali father reunites with family in Ohio after years of separation due to 'Muslim ban' (USA Today)
