U.S. Senator Mazie K. Hirono, along with Senator Chris Coons and U.S. Representative Judy Chu, has reintroduced the National Origin-Based Antidiscrimination for Nonimmigrants (NO BAN) Act. This legislative effort aims to prevent future bans targeting Muslims or other religious groups by amending the Immigration and Nationality Act to prohibit discrimination based on religion. The proposed law would also ensure that any suspension of entry into the United States is narrowly defined, supported by credible evidence, and involves consultation with Congress.
Senator Hirono emphasized the importance of this legislation: “As President Trump executes his anti-immigrant agenda, laying the groundwork for another Muslim Ban, this legislation will help to protect our immigrant communities and prevent such discriminatory measures from being repeated.” She described the 2017 Muslim ban as “Islamophobic and xenophobic” and highlighted the NO BAN Act’s role in preventing discrimination based on religion.
In conjunction with this bill, Senator Hirono has also collaborated with Senator Alex Padilla to introduce the Access to Counsel Act. This act seeks to guarantee that individuals detained by Customs and Border Protection for over an hour can access legal counsel or assistance from relatives or interested parties.
The NO BAN Act was first introduced in response to former President Trump’s 2017 attempts at a Muslim ban. While courts initially blocked these efforts, a conservative Supreme Court later upheld a version of it in a narrow decision. The consequences included family separations and community disruptions until President Biden rescinded the bans. However, Trump has indicated plans for a new travel ban.
The NO BAN Act passed in the House of Representatives twice, receiving support from various organizations who denounced previous bans as inconsistent with American values of inclusivity.
An executive order from President Trump mandates government departments identify nations with deficient migration processes within 60 days, potentially setting up another travel ban affecting predominantly Muslim countries.
Provisions within the NO BAN Act include extending nondiscrimination protections to religion under immigration laws and establishing procedural requirements like notifying Congress within 48 hours of imposing travel restrictions.
Numerous organizations have endorsed the NO BAN Act including civil rights groups like Care in Action and American-Arab Anti-Discrimination Committee (ADC).
The legislation is cosponsored by several senators including Tammy Baldwin, Michael Bennet, Richard Blumenthal, Cory Booker among others.
