WASHINGTON, DC – U.S. Senator Mazie K. Hirono (D-HI) joined Senator Chris Coons (D-DE), U.S. Representative Judy Chu (D-CA), and 29 colleagues in the Senate in reintroducing the National Origin-Based Antidiscrimination for Nonimmigrants (NO BAN) Act, which would prevent future bans by the Trump administration on Muslims 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.
“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,” said Senator Hirono. “The Muslim ban in 2017 was Islamophobic and xenophobic and the NO BAN Act is critical legislation that will help to ensure that people will not be discriminated against based on their religion and that this dark period in history will not be repeated.”
Additionally, this month Senator Hirono also joined Senator Alex Padilla (D-CA) and 13 colleagues in introducing the Access to Counsel Act. 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 introduce a Muslim ban. Courts initially struck down the bans, but a conservative 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 While former President Biden rescinded the bans, President Trump has signaled intent to issue a new travel ban in the coming months.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 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.”
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.
The NO BAN Act would push back on Trump’s Muslim ban or any other travel ban by:
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, Hindus for Human Rights, Human Rights First, Immigrant Legal Resource Center, Immigrants Act Now, Interfaith Alliance, International Refugee Assistance Project, 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, 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, Muslim Public Affairs Council (MPAC), and Concerned Christian Citizen.
In addition to Senators Hirono and Coons, this legislation is cosponsored by Senators Tammy Baldwin (D-WI), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Maria Cantwell (D-WA), Tammy Duckworth (D-IL), Dick Durbin (D-IL), John Hickenlooper (D-CO), Chris Van Hollen (D-MD), Tim Kaine (D-VA), Andy Kim (D-NJ), Angus King (I-ME), Amy Klobuchar (D-MN), Ben Ray Lujan (D-NM),Catherine Cortez Masto (D-NV), Ed Markey (D-MA), Patty Murray (D-WA), Alex Padilla (D-CA), Gary Peters (D-MI), Bernie Sanders (I-VT), Brian Schatz (D-HI), Adam Schiff (D-CA), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Mark Warner (D-VA), Elizabeth Warren (D-MA), Peter Welch (D-VT), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).
The full text of the legislation is available here.
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