Reps. Judy Chu (CA-28), Don Beyer (VA-08), Jerry Nadler (NY-12), Ilhan Omar (MN-05), André Carson (IN-07), Rashida Tlaib (MI-12), and Sen. Chris Coons (DE) reintroduced the National Origin-Based Antidiscrimination for Nonimmigrants (NO BAN) Act, which would prevent future bans by the Trump administration on people of Islamic faith, or any other religious group, by strengthening the Immigration and Nationality Act to prohibit discrimination based on religion. The bill would also require that any suspension of entry into the United States be narrowly tailored, backed by credible evidence, and subject to appropriate consultation with Congress.
An executive order issued by President Trump on his first day of his second term requires government departments to identify, over the course of 60 days, nations whose migration and screening processes are “so deficient as to warrant a partial or full suspension on the admission of nationals from those countries.” The order lays the groundwork for another ban on migration from predominantly Muslim countries.
“A hateful stain on our nation’s history, the Muslim Ban that President Trump instituted in his first term was fueled by bigotry and Islamophobia and did lasting damage to the families it separated,” said Rep. Chu. “Distressingly, President Trump has already started the process to fulfill his campaign promise to reinstate a ban, signing an Executive Order on his first day back in office that lays the groundwork for a future, and potentially expanded, Muslim Ban. That’s why I am joining Senator Coons and my Democratic colleagues to once again introduce the NO BAN Act to make certain that no president can ever ban people from entering the country solely because of their religion.”
“President Trump’s Muslim ban during his first term was un-American, unjust, and weakened our standing in the world,” said Senator Coons. “Now, as the country enters President Trump’s second term, fear and prejudice are once again guiding immigration policy, and his flurry of executive orders have laid the groundwork for another attempt at a Muslim ban. The NO BAN Act is needed now more than ever to ensure that the Trump administration cannot implement discriminatory measures and to reaffirm our nation’s commitment to religious freedom and equality under the law.”
“Trump’s Muslim Bans have always been a betrayal of the ideals and values that inspired America’s Founders. Donald Trump’s use of racial and religious prejudice to bar people from entering the country does not make anyone safer, all it achieves is further divisions in our society and the weakening of U.S. leadership on freedom and liberty abroad,” said Rep. Beyer. “Our NO BAN Act would make clear that neither racism nor religious intolerance are acceptable barriers to lawful immigration, and I urge my colleagues to reaffirm America’s stance against bigotry and religious discrimination.”
The NO BAN Act would prevent Trump’s Muslim Ban or any other discriminatory travel ban by:
- Providing that the Immigration and Nationality Act nondiscrimination provisions apply to religion, as well as to the issuance of non-immigrant visas and benefits;
- Requiring that any travel restriction imposed under Immigration and Nationality Act be based on specific and credible facts, and in a way narrowly tailored to address a compelling government interest; and
- Establishing procedural requirements, including notice to Congress within 48 hours, and periodic reporting.
Additionally, Rep. Pramila Jayapal (WA-07) and Sen. Alex Padilla (CA) reintroduced the Access to Counsel Act, which Rep. Chu cosponsored. This bill ensures that U.S. citizens, green card holders, and other individuals with legal status are able to consult with an attorney, relative, or other interested parties to seek assistance if they are detained by Customs and Border Protection (CBP) for more than an hour at ports of entry, including airports. As a result of President Trump’s Muslim Ban in 2017, individuals were held for long periods of time, often without access to legal counsel.
The NO BAN Act was initially introduced in the 116th Congress in response to President Trump’s attempts in 2017 to impose a Muslim ban. Courts initially struck down the bans, but the Supreme Court upheld a version of the ban in a 5-4 decision. As a result, families were separated, couples were forced to live apart, and communities were unable to reunite for milestones of joy and grief. While former President Biden rescinded the bans, President Trump has signaled intent to issue a new travel ban in the coming months.
The NO BAN Act passed the U.S. House of Representatives in both 2020 and 2021. In 2021, the Biden-Harris Administration issued a statement in support of the legislation, noting that the prior “bans were a stain on our national conscience and are inconsistent with our long history of welcoming people of all faiths.”
“President Trump’s 2017 Muslim ban unjustly disrupted countless lives, separating families and denying fundamental protections to those who have every right to be in the United States,” said Congressman Nadler. “No president should be able to use fear or prejudice to discriminate based on religion or nationality. I am proud to co-lead the NO BAN Act to prohibit the president from being able to ban people from entering the United States solely because of their religion and ensure our immigration policies align with our values, not fear.”
“The reinstatement of the Muslim Ban by the Trump administration is a blow to our nation's core values of religious freedom. As the only member of Congress from one of the previously banned countries, I understand the profound impact this ban has on communities seeking safety and opportunity in the United States. I’m proud to support the NO BAN Act to prevent any future president from abusing executive power and protecting the rights of all individuals, regardless of their background,” said Rep. Omar.
“Trump’s Muslim ban during his first presidency had a long-lasting impact,” said Congressman Carson. “These policies prevented reunification of family members, plus those with jobs, academic spots, or other connections from coming to the U.S. – all based on false assumptions and stereotypes about Muslim-majority countries. As one of four Members of the Muslim Caucus, this issue is personal to me. When the Commander-in-Chief promotes these stereotypes, it translates to a rise in hate crimes and Islamophobia, as we continue to see. Our NO BAN Act helps protect the entire Muslim community, now and for years to come. These bans only harm our country.”
“Donald Trump is threatening to bring back his hateful Muslim and African Ban to—once again—stoke Islamophobia and racism in our country. We cannot allow this dehumanizing ban to rip families apart again and inflict immense trauma on our communities. There are millions of Muslims around the world whose lives and families were tragically affected by the previous Muslim Ban who fear a return of this cruel, white nationalist policy. I am proud to join my colleagues in reintroducing this important legislation,” said Rep. Tlaib.
“As President Trump fulfills his racist campaign promises by indefinitely blocking all vulnerable refugees and by preparing a potential resurrection of categorical bans on people who come to the U.S. from African, Muslim-majority, or other countries, we welcome the timely reintroduction of an essential policy rooted in the highest American aspirations of equality, religious freedom, and refuge from tyrannical leaders,” said Sumayyah Waheed, Senior Policy Counsel, Muslim Advocates. “With the reintroduction of the NO BAN Act, we hope to check discriminatory and cruel abuses of presidential power at our borders. We remember clearly the hate, chaos, and family separation resulting from President Trump’s first-term Muslim and African bans – effects that remain unresolved to this day. Meanwhile, people seeking safety at our borders are forced to face unlawful, dehumanizing, debilitating, and even lethal barriers to doing so. We thank Rep. Chu and Sen. Coons for their leadership and urge Members in both houses to swiftly pass this bill.”
“The first time President Trump was in the White House, as we all watched his xenophobic Muslim ban wreak havoc on families in airports and communities across the country, the ACLU took to the courts for relief. This time around, the landscape includes the Supreme Court’s decision to allow Trump’s previous ban to go into effect. We can’t sit back as Trump again seeks to inflict cruelty. The NO BAN Act is an important effort to uphold our fundamental values and ensure our laws prevent discriminatory bans from being enacted in the future,” said Naureen Shah, deputy director of government affairs with the ACLU Equality Division.
“Donald Trump's Muslim Ban was a stain on America’s conscience and President Biden’s Executive Order rescinding the various versions of the ban was an important first step,” said Yasmine Taeb, Legislative and Political Director at MPower Change Action Fund. “During the campaign trail, Trump vowed not only to reinstate the Muslim Ban but to expand it, and has made good on that promise by previewing a travel ban on his first day back in office. To ensure our communities do not face the threat of family separation, xenophobia, and Islamophobia through the implementation of another unconstitutional and unconscionable ban by Trump, Congress needs to take action and pass the NO BAN Act. We’re grateful for the leadership of Representative Chu and Senator Coons in reintroducing the NO BAN Act and urge Congress to pass the bill swiftly.”
“Trump’s discriminatory Muslim and African bans inflicted unthinkable cruelty and separated families. The policy was met with widespread resistance, with thousands of people making their voices heard in protests at airports across the country. With Trump’s return to office, and his day-one executive order signaling another forthcoming ban, we must all do everything in our power to ensure these harmful bans do not return. We commend Senator Coons’ and Representative Chu’s leadership on this issue and call on Congress to pass the NO BAN Act today to protect communities from lasting harm,” said Raha Wala, Vice President of Strategic Partnerships and Advocacy at the National Immigration Law Center.
“Thousands of American families will soon be separated and America’s economic competitiveness will be damaged if President Trump reimposes the so-called travel ban. The scars of the first ban have not yet fully healed, and some who were denied entry under the first ban are staring down more than four years of separation from their families. As members of Trump’s own coalition have noted, U.S. innovation and economic strength are fueled by immigrants from Iran and other countries that will potentially be banned. It is not stable or secure or fair to American families for the U.S. to impose and repeal such policies every four years by executive fiat — Congress must act as a co-equal branch and establish guardrails that protect the rights, security, and economy for all Americans by passing the NO BAN Act,” said Jamal Abdi, President of National Iranian American Council Action.
“The reintroduction of the NO BAN Act in the 119th Congress is a crucial step in reaffirming America’s historic role as a beacon of hope and opportunity for immigrants. For generations, the United States has stood as a nation that values diversity, equity, and justice. This legislation ensures that the executive power cannot be misused to undermine these principles or to close our doors to those seeking opportunity and refuge. We extend our gratitude to Representative Judy Chu, Senator Chris Coons, and the original co-sponsors of this critical bill and urge Congress to act swiftly to pass it, preserving the ideals that have long defined and strengthened our nation,” said Wa'el Alzayat, CEO of Emgage Action.
“Draconian and dehumanizing immigration bans are a threat to our values and to our safety. We saw this with the cruel and unconstitutional Muslim bans during the first Trump administration, and we're seeing it again now with the barrage of dangerous executive orders,” said Amy Spitalnick, CEO of the Jewish Council for Public Affairs (JCPA). “These attempts to turn prejudice into policy are often advanced by the same deadly conspiracy theories that have fueled a cycle of violence targeting our communities. We are grateful to Rep. Chu for her leadership in reintroducing the NO BAN Act to make clear Islamophobia and all forms of bigotry have no place in our policies and our democracy.”
The NO BAN Act has received endorsements from numerous immigrants’ rights organizations, faith-based organizations, and civil rights organizations, including Care in Action, 18 Million Rising, Afghans For A Better Tomorrow, African Public Affairs Committee, America Indivisible, American Humanist Association, American Immigration Lawyers Association, American-Arab Anti-Discrimination Committee (ADC), Americans for Immigrant Justice, Amica Center for Immigrant Rights, ANAR, Asian Law Caucus, Asian Pacific Institute on Gender-Based Violence, Asylum Seeker Advocacy Project (ASAP), Bend the Arc: Jewish Action, Center for Constitutional Rights, Center for Gender & Refugee Studies, Church World Service, Communities United for Status & Protection (CUSP), Council on American-Islamic Relations (CAIR), Emgage Action, Friends Committee on National Legislation, Global Refuge, Hamed PLLC, Hindus for Human Rights, Human Rights First, Immigrant Legal Resource Center, Immigrants Act Now, Interfaith Alliance, International Refugee Assistance Project, Jewish Council for Public Affairs (JCPA), League of Conservation Voters, Muslims for Just Futures, National Council of Jewish Women, National Domestic Workers Alliance, National Immigrant Justice Center, National Immigration Law Center, National Korean American Service & Education Consortium (NAKASEC), National LGBTQ Task Force Action Fund, National Partnership for New Americans, National Religious Campaign Against Torture, NETWORK Lobby for Catholic Social Justice, Poligon Education Fund, Queer Crescent, Quixote Center, Refugee Council USA (RCUSA), Refugees International, Sadhana: Coalition of Progressive Hindus, Shoulder to Shoulder Campaign, Sikh American Legal Defense and Education Fund (SALDEF), Social Workers for Immigration Justice, South Asian Legal Defense Fund, South Asian Public Health Association (SAPHA), The Advocates for Human Rights, The Sikh Coalition, Union for Reform Judaism, Win Without War, Lutheran School of Theology at Chicago, ACLU, Brennan Center for Justice, Arab American Civic Council, ASATA Power, Asian Americans Advancing Justice Southern California (AJSOCAL), CAIR Washington, California Immigrant Policy Center, Center for Islamic Life at Rutgers University, Civic Ark, Colorado Immigrant Rights Coalition, Education Law Center-PA, Estrella del Paso, Family Action Network Movement, Immigrant Defenders Law Center (ImmDef), Indo-American Center, Islamic Society of Central Jersey, Malikah, Muslim Justice League, Wind of the Spirit Immigrant Resource Center, Womankind, and Concerned Christian Citizen.
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Click here for a section-by-section summary of the bill.