NO BAN Act: How Congress Can Regain Oversight
By Morad Ghorban and Emily Porter
The deepening polarization in the American electorate has paralyzed Congress causing a policy vacuum on immigration law which the executive branch has filled. This is not a new phenomenon and while it predates the current president, it has allowed this administration to institute policies that broadly exclude the entry of groups of people to the United States without proper cause.
The effect of the Travel Ban on Americans of Iranian descent and other U.S. citizens underscores the necessity of fully-functioning checks and balances between our branches of government. The Trump Administration made a broad-reaching decision that has had a tremendous impact on thousands of American families. While the Travel Ban continues to face legal challenges, Congress must reassert its authority over immigration policy.
Last week, a congressional hearing examined the Travel Ban and its waiver provisions. The hearing signaled a strong step towards congressional action on immigration and provided an opportunity to urge Congress to pass the National Origin-Based Antidiscrimination for Nonimmigrants (NO BAN) Act, introduced earlier this year by Sen. Chris Coons (D-DE) and Rep. Judy Chu (D-CA). The NO BAN Act would not only rescind the Travel, Asylum and Refugee Bans, but also amend the Immigration and Nationality Act to make it more difficult for future administrations to enact similar policies and prevent religious-based discrimination of anyone seeking entry into the United States. The legislation would also require that Congress, through its appropriate committees, be routinely notified and briefed on the status, implementation and authority of the executive branch’s actions pertaining to immigration and travel bans issued on the basis of national security and human rights.
In sum, the NO BAN Act incorporates substantive criteria and accountability to safeguard against potential abuses of power. While the legislation does not prevent the executive branch from barring the entry of individuals or groups for the benefit of national security, it does ensure there is verifiable evidence in support of such claims. In doing so, this legislation eliminates partisan lines by codifying congressional oversight on immigration-related executive decisions of any administration.
Today there are an estimated 1 to 1.5 million or more Iranian Americans living in the United States. Iranian Americans are among some of the most successful immigrant communities in the U.S. — serving in law enforcement, the military and elected office. The longest serving Special Forces A-Team soldier in U.S. history is an Iranian American and last year the community proudly observed the historic election of three Iranian American women to state legislatures. Iranian Americans are highly educated, founders and/or senior leaders at many major U.S. companies and give back to the communities in which they live.
And while Iranian Americans are proud contributors to American culture, business, science and the arts, they remain deeply connected to family back in Iran. According to a 2018 survey by the Public Affairs Alliance of Iranian Americans (PAAIA), 90 percent of respondents have family in Iran. This is largely due to the fact that the Iranian American community is a relatively new and young immigrant community, many of whom fled Iran during the 1979 Islamic Revolution to put down roots in countries including the United States. With the majority of Iranian Americans between the ages of 25 and 64, there are countless times — from weddings and graduations to education and careers — when travel between Iran and the United States is necessary. Unfortunately, President Trump’s ineffective and anti-American Travel Ban has put an end to that travel, disconnecting families and causing undue hardship on Americans across the country.
When the president exerts executive power to essentially cut off Iranian Americans from their families back in Iran, he is ignoring the countless ways in which the community, as proud members of this nation, have given back to this country. Congress must take action to restore its power to provide a check on the other branches of government. The NO BAN Act gives members of Congress this opportunity to reclaim its legislative authority on immigration policy.
Morad Ghorban is the Director of Government Affairs and Policy for the Public Affairs Alliance of Iranian Americans (PAAIA) based in Washington, DC.
Emily Porter is the Public Policy Research Associate and Civic Engagement Coordinator for the Public Affairs Alliance of Iranian Americans (PAAIA).
