MIL-OSI USA: Congressman Cleaver Votes to Outlaw Discriminatory Religious Travel Bans, Protect Due Process Rights at Ports of Entry

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Source: United States House of Representatives – Congressman Emanuel Cleaver II (5th District Missouri)

(Washington, DC) – Today, United States Representative Emanuel Cleaver, II (D-MO) voted in favor of H.R. 1333, the NO BAN Act, and H.R. 1573, the Access to Counsel Act. Together, this landmark legislation would prevent future presidents from issuing travel bans that discriminate based on religion, such as the previous Administration’s Muslim Ban, while protecting certain due process protections for individuals detained while attempting to lawfully enter the country at ports of entry.

“Over the past four years, we witnessed daily abuses of presidential power that undermined our immigration system, our values as Americans, and our standing on the world stage” said Congressman Cleaver. “This bill will help ensure that no matter who occupies the Oval Office, our country’s commitment to welcoming immigrants will remain steadfast. I urge my colleagues in the Senate, on both sides of the aisle, to support this common-sense legislation to restore Congressional oversight and fairness to the immigration process.”

Key provisions of the NO BAN Act and the Access to Counsel Act include:

  • Amending section 212(f) of the Immigration and Nationality Act, placing checks and balances on the President’s authority to temporarily suspend or restrict the entry of non-citizens into the United States
  • Requiring that the President ensure any suspension or restriction of non-citizens is based on specific and credible facts, is narrowly tailored, specifies duration, and includes waivers.
  • Expanding the INA’s nondiscrimination provisions, prohibiting discrimination based on religion. 
  • Ensures that those seeking to lawfully enter the country at ports of entry have the right to communicate with legal counsel, family members and others who can assist with verifying the legal status of their travel

Although President Biden has rescinded the travel bans initiated by the Trump administration, these two bills are vital to the restoration of the separation of powers, prevention of future executive overreach, and the safeguarding of due process protections for individuals seeking to enter the United States. Both of these bills passed the House in the previous Congress; however, this legislation died in the Senate after the chamber refused to bring them up for a vote.

You can find the official text of the NO BAN Act here and the Access to Counsel Act here.

Emanuel Cleaver, II is the U.S. Representative for Missouri’s Fifth Congressional District, which includes Kansas City, Independence, Lee’s Summit, Raytown, Grandview, Sugar Creek, Blue Springs, Grain Valley, Oak Grove, North Kansas City, Gladstone, Claycomo, and all of Ray, Lafayette, and Saline Counties. He is a member of the exclusive House Financial Services Committee; Chairman of the House Subcommittee on National Security, International Development, and Monetary Policy; member of the Select Committee on the Modernization of Congress; member of the Committee on Homeland Security; and a Senior Whip of the Democratic Caucus. For more information, please contact Matt Helfant at 202-590-0175 or matthew.helfant@mail.house.gov

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