S. 398 (119th)Bill Overview

NO BAN Act

Immigration|Immigration
Cosponsors
Support
Democratic
Introduced
Feb 4, 2025
Discussions
Bill Text
Current stageCommittee

Read twice and referred to the Committee on the Judiciary.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

The bill (NO BAN Act) narrows and governs the Executive Branch’s authority to suspend or restrict entry of classes of aliens, expands nondiscrimination protections for visa applicants and immigration benefits, and requires detailed, public reporting and congressional briefings when suspensions occur. It adds procedural limits (narrow tailoring, duration specification, waiver presumptions), creates near-immediate congressional notification and public reporting requirements, allows district-court review (including class actions), and mandates historical and ongoing data reporting on past and future proclamations or restrictions.

Why people may split

Scope of executive power: security flexibility vs legal limits and oversight

Watch point

Relative to its intended legislative type, this bill substantially modifies statutory authority over entry suspensions and nondiscrimination protections and is drafted with specific legal mechanisms, accountable procedures, and enforcement paths.

The bill (NO BAN Act) narrows and governs the Executive Branch’s authority to suspend or restrict entry of classes of aliens, expands nondiscrimination protections for visa applicants and immigration benefits, and requires detailed, public reporting and congressional briefings when suspensions occur.

It adds procedural limits (narrow tailoring, duration specification, waiver presumptions), creates near-immediate congressional notification and public reporting requirements, allows district-court review (including class actions), and mandates historical and ongoing data reporting on past and future proclamations or restrictions.

Passage30/100

Contentious immigration and national‑security tradeoffs, judicial implications, and likely partisan division lower odds despite modest fiscal impact.

CredibilityAligned

Relative to its intended legislative type, this bill substantially modifies statutory authority over entry suspensions and nondiscrimination protections and is drafted with specific legal mechanisms, accountable procedures, and enforcement paths. It provides detailed integration with existing INA provisions and establishes reporting, publication, and judicial-review requirements.

Contention70/100

Scope of executive power: security flexibility vs legal limits and oversight

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Immigrants · FamiliesStates

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • ImmigrantsStrengthens nondiscrimination protections for nonimmigrants and visa applicants against nationality-based exclusions.
  • Potential benefitIncreases congressional oversight through required consultations and timely, detailed reporting.
  • FamiliesCreates waiver presumptions prioritizing family unity and humanitarian cases.
Likely burdened
  • Potential burdenReduces executive flexibility to respond swiftly to emerging national security threats.
  • StatesAdds administrative and reporting burdens on State, DHS, and other agencies, increasing costs.
  • Potential burdenLikely increases litigation and operational uncertainty due to expanded judicial review.
03 · Why people split

Why the argument around this bill splits.

Scope of executive power: security flexibility vs legal limits and oversight
Progressive95%

Overall supportive.

The bill limits broadly criticized nationality- or religion-based travel bans, increases transparency, and creates legal remedies and humanitarian presumptions for families and refugees.

It aligns with civil-rights protections for visa applicants.

Leans supportive
Centrist75%

Cautiously supportive.

The bill restores checks and clarifies standards for suspensions while preserving a path for targeted action, but raises practical concerns about timeliness, implementation burdens, and protection of sensitive intelligence.

Leans supportive
Conservative20%

Generally opposed.

The bill substantially constrains executive discretion to restrict entry, injects congressional gatekeeping and litigation risk, and could impede rapid action to protect national security and public safety.

Likely resistant
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood30/100

Contentious immigration and national‑security tradeoffs, judicial implications, and likely partisan division lower odds despite modest fiscal impact.

Scope and complexity
52%
Scopemoderate
52%
Complexitymedium
Why this could stall
  • Presence and size of bipartisan support or coalition
  • How courts interpret new statutory standards like "compelling government interest"
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Scope of executive power: security flexibility vs legal limits and oversight

Contentious immigration and national‑security tradeoffs, judicial implications, and likely partisan division lower odds despite modest fisc…

Unlocked analysis

Relative to its intended legislative type, this bill substantially modifies statutory authority over entry suspensions and nondiscrimination protections and is drafted with specific legal mechanisms, accountable procedu…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
Open full analysis