Refugee and Immigration Bills in Response to Trump’s Executive Orders (115th Congress)

*Note: Updated as of March 20, 2017

House Bills and Resolutions

H.R.489 – The No Religious Registry Act of 2017 finds that the creation of religious registries and surveillance of religious groups, like the National Security Entry-Exit System, does not enhance national security but does go against American values. The bill prohibits the government from collecting information, establishing a database or any sort of registry, and surveilling U.S. citizens, legal residents, and those seeking U.S. visas on the basis of religion. The federal government may not contract with non-federal entities to create a registry or purchase information from non-federal entities about individuals’ religious affiliations. Sponsors: Rep. Delbene, Suzan K. [D-WA-1] and co-sponsored by 66 Democrat Representatives.

H.R.722 – The No Funds for Unconstitutional Executive Orders Act would prohibit any funds from being used to enforce or carry out the Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States.” The act states that the order is a direct violation of the Constitution’s Establishment Clause because the order favors religious minority groups, especially Christians. Sponsors: Rep. Meng, Grace [D-NY-6] and co-sponsored by 48 Democrat Representatives.

H.R.724 – The Statute of Liberty Values Act of 2017 (SOLVE Act of 2017) would nullify and prohibit any enforcement of President Trump’s Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States.” The SOLVE Act would also prohibit any funds from being used to implement the executive order now or in the future. The executive order is a xenophobic, anti-Muslim ban. The order bars nationals of Iran, Syria, Iraq, Libya, Somalia, Sudan, and Yemen from entering the United States for 90 days, including current legal residents who were outside of the United States at the time of the ban; indefinitely bans Syrian refugees from resettling in the United States; and suspends all refugee admission into the United States for four months. The order also places preference on religious minorities for refugee resettlement—this, connected with the ban of the seven Muslim majority nations, bars Muslim refugees from entering the United States.  The SOLVE Act would protect refugees and ensure that the United States remains a welcoming nation. Sponsors: Rep. Lofgren, Zoe [D-CA-19] and co-sponsored by 185 Democrat Representatives.

H.R.739 – The This Land Is Our Land Act prohibits the Secretary of Homeland Security from building any new border barriers, including walls or fences, on Federal land within 100 miles of the United States’ international land borders. No funds may be used to construct new borders within 100 miles of the United States’ international land borders. This bill has no effect on state and private lands or treaties and agreements between the United States and Indian tribes. Sponsors: Rep. Espaillat, Adrinao [D-NY-13] and co-sponsored by 16 Democrat Representatives.

H.R.837 – The Build Bridges Not Walls Act would nullify and void President Trump’s executive order to build a wall along the United States-Mexico border. The wall would cost billions of dollars in taxpayer resources and would have negative impacts on the environment, Native American populations, and decrease the United States’ global reputation. Sponsors: Grisham, Lujan [D-NM-1] and co-sponsored by 76 Democrat Representatives.

H.R.852 – The Freedom of Religion Act of 2017 prohibits denying entry, reentry, or admission into the United States, or any immigration benefit, to an immigrant because of the immigrant’s religion or lack of religion. Sponsors: Rep. Beyer, Donald S. Jr. [D-VA-8] and co-sponsored by 103 Democrat Representatives.

H.R.858 – The DREAMers, Immigrants, and Refugees (DIRe) Legal Aid Act requires the Attorney General to give grants to nonprofit legal services providers with immigration expertise. These grants must be used to provide legal advice and services to immigrants who are legal permanent residences, DACA recipients, or refugees, and their spouses and parents, who have already been admitted to or who qualified for admittance to the United States. Immigrants must be given the contact information of these legal services providers, and immigrants in detention must be allowed to speak with one of these providers. The bill affords $5,000,000 in grants. Within 180 days of the enactment of the bill, the Under Secretary for Science and Technology will conduct a study to note the differences in outcomes between immigrants with legal representation and those without representation. Sponsors: Rep. Correa, J. Luis [D-Ca-46] and co-sponsored by 57 Democrat Representatives.

H.R.920 – The Protecting Our Border Communities Act of 2017 nullifies and voids the executive order “Border Security and Immigration Enforcement Improvements” so that it has no force and cannot be carried out. The bill prohibits any Federal funds from being used to enforce the order. Sponsors: Rep. Lofgren, Zoe [D-CA-19] and co-sponsored by 25 Democrat Representatives.

H.R.921 – The Community Trust Act of 2017 nullifies the executive order “Enhancing Public Safety in the Interior of the United States” so that it may in no way be enforced and cuts off any funding for the order. Sponsors: Rep. Lofgren, Zoe [D-CA-19] and co-sponsored by 26 Democrat Representatives.

H.R.1006 – The Access to Counsel Act states that any person subject to removal, exclusion, deportation proceedings, or inspection is entitled to legal counsel and representation as he or she chooses. The government does not pay for the counsel. If counsel cannot meet directly with a person in holding, detention, or inspection at a port of entry, redress options must be provided within the first hour of holding or detainment regardless of the day or time of day. Individuals held or detained at ports of entry cannot submit a valid Record of Abandonment of Lawful Permanent Resident Status or Withdrawal of Application for Admission if they have been denied access to counsel. Individuals held or detained at ports of entry or any detention facility must have access to food, water, restroom facilities, and must be held for the shortest amount of time and in the least restrictive conditions possible. Sponsors: Rep. Jayapal, Pramila [D-Wa-7] and co-sponsored by 46 Democrat Representatives.

H.R.1036 – The American Families United Act protects the family unity of U.S. citizens, U.S. legal permanent residents, and their undocumented parents, spouses, and children. The bill protects immigrants from deportation who have an approved petition under section 101(a)(15)(H) of the Immigration and Nationality Act, earned a bachelor’s degree or higher from a U.S. university, and who entered the United States before they were 16 years old. Parents are added to sons, daughters, and spouses who are protected under section 212(a)(9)(B)(v) of the Immigration and Nationality Act. Any person who tries to obtain documentation, admission into the United States, or other benefit provided under the Immigration and Nationality Act by fraud or willful misrepresentation is inadmissible. Unless the person is younger than 18 years old or lacks the mental competence to knowingly misrepresent a claim of U.S. citizenship, a false claim of U.S. citizenship is inadmissible and grounds for deportation. Inadmissibility may be waived if the determination of inadmissibility would cause hardship to the person or the person’s U.S. citizen or legal permanent resident child, spouse, or parent. Family separation itself is deemed a hardship. Immigration judges and the Secretary of Homeland Security may decline to order an immigrant removable, deportable, ineligible, or inadmissible from the United States. Judges can terminate proceedings and allow the immigrant to reapply for admission or relief from removal if removal, deportation, ineligibility, or inadmissibility would harm the immigrant’s U.S. citizen or legal permanent resident spouse, child, or parent, or the immigrant is prima facie eligible for naturalization. Judges or the Secretary may not rule persons undeportable who are engaged in human trafficking or convicted of an aggravated felony. Removal orders may not be reinstated if an immigrant reentered the United States before turning 18 years old, or it the reinstatement would result in hardship to the U.S. citizen and legal permanent resident family of the individual. Sponsors: Rep. O’Rourke, Beto [D-TX-16] and co-sponsored by Rep. Pearce, Stevan [R-NM-2] and 1 Democrat Representative.

H.R.1067 – The Build up Illegal Line Defences with Assets Lawfully Lifts Act of 2017 directs the Attorney General to create an ongoing report with the goal of gathering more funds from the Mexican cartels than have been collected in the past. An amount equal to 50% of collected cartel funds will be available, without fiscal year limitations, for building roads, walls, and other barriers along the United States-Mexico border to deter undocumented immigration. Sponsors: Rep. Sensenbrenner, F. James, Jr. [R-WI-5] and co-sponsored by 3 Republican Representatives.

H.R.1075 – The Freedom for Refugees Escaping Enmity (FREE) Act voids and nullifies the Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States” so that it has no force and cannot be implemented. No funds can be used to execute the order. Any immigrant currently in custody because of the order must be released. Visas revoked under the order must be returned, and there will be no effect on immigration status or benefits because of the order. Immigrants may not be discriminated against because of their religion or lack of religious beliefs. The president’s authority is limited so that she or he cannot modify the requirements for immigrant entry, reentry, or admission if the immigrant has a valid and unexpired visa, is a lawful permanent resident, has been granted asylum, or is a refugee who qualifies for admission or has already been admitted. Sponsors: Rep. Clarke, Yvette D. [D-NY-9] and co-sponsored by 18 Democrat Representatives.

H.R.1076 – The Protect Our Sanctuary Cities Act outlines several dangers of Section 9 of Executive Order 13768, such as making it more difficult for local law enforcement to police their communities. The bill makes Section 9 of the order null and void so that is has no effect, and prohibits any funds from being used to enforce any executive order that compels local law enforcement and government officials to help the Federal government remove immigrants from the United States. Sponsors: Rep. Clarke, Yvette D. [D-NY-9] and co-sponsored by 23 Democrat Representatives.

H.R.1263 – The Protecting Allies from Visa Exclusion (PAVE) Act prohibits the president or any executive branch official from restricting visas, revoking visas, or denying entry to Iraqis and Afghanis granted special immigrant status under the Immigration and Nationality Act. The bill repeals Section 3(c) of Executive Order 13769, the Muslim and travel ban, in relation to special immigrant Iraqis and Afghanis. The PAVE Act prohibits the president or any other member of the executive branch from restricting visas, revoking visas, or denying entry to persons granted refugee status, approved for refugee admission, or are refugee applicants in the U.S. Refugee Admissions Program with Priority 2 designation. The bill repeals Section 5 of Executive Order 13769 in regards to Priority 2 refugees. Priority 2 refugees include Afghanis who were or are employed in Afghanistan by the U.S. Government, media organizations or NGOs based in the United States, or organizations closely associated with the United States mission in Afghanistan that have received U.S. government funding. The children, parents, spouses, and siblings of such Afghanis are considered Priority 2 refugees. Priority 2 status includes members of persecuted religious or minorities groups who have close family members in the United States. Sponsors: Rep. Welch, Peter [D-VT-At Large] and co-sponsored by zero Representatives.

H.Res.94 – The resolution commends Sally Quillian Yates for refusing to enforce Donald Trump’s discriminatory Executive Order 13769. The resolution calls the order unconstitutional and against the American values of tolerance, compassion, and respect for diversity. Sponsors: Rep. Clarke, Yvette D. [D-NY-9] and co-sponsored by 15 Democrat Representatives.

H.Res.120 – The Resolution rebukes Judge James L. Robart of the Western District of Washington for ignoring the Constitution, federal law, and court precedent by placing a temporary restraining order on the Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States.” The Resolution says the Ninth Circuit Court of Appeals erred in upholding Judge Robart’s restraining order. Sponsors: Rep. King, Steve [R-IA-4] and zero co-sponsors.

H.Con.Res.25 – The resolution Expressing the sense of Congress on the admission of refugees and immigrants to the United States decries the executive order “Protecting the Nation From Foreign Terrorist Entry into the United States” and its suspension of the U.S. Refugee Admission Program, travel ban of seven majority Muslim countries, and the suspension of the Visa Interview Waiver Program. The resolution states that the executive order does not reflect American values and that refugees should immediately be allowed to resettle in the United States regardless of nationality. Lawful permanent residents should be allowed reentry into the United States, and the Visa Interview Waiver Program should not be suspended because of its negative impact on students. Sponsors: Rep. Adams, Alma S. [D-NC-12] and co-sponsored by Rep. Velazquez, Nydia M. [D-NY-7] and 5 Democrat Representatives.

Senate Bills and Resolutions

S.240 – The bill rescinds the Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States” and would make the order have no legal effect. Sponsors: Sen. Feinstein, Dianne [D-CA] and co-sponsored by 44 Democrat Senators and 2 Independent Senators.

S.248 – The bill finds that the Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States” violates the Immigration and Nationality Act and the Establishment Clause of the First Amendment of the U.S. Constitution. Because of these findings, no funds, resources, or fees may be used to implement the order. Sponsors: Sen. Murphy, Christopher [D-CT] and co-sponsored by 13 Democrat Senators.

S.274  – The bill nullifies the Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States” so that people restricted by the order are once again allowed entry to the United States. Sponsors: Sen. Feinstein, Dianne [D-CA] and co-sponsored by 39 Democrat Senators and 2 Independent Senators.

S.349 – The Access to Counsel Act gives immigrants, including refugees and asylum seekers, detained at borders or ports of entry, or coming before an immigration judge or the Attorney General for deportation proceedings, the entitlement to counsel. If the counsel cannot personally meet with an immigrant detained at the border, U.S. Customs and Border Protection will provide redress options so the person can meet with counsel remotely within one hour of his or her detainment. People detained at a port of entry cannot submit a valid Record of Abandonment of Lawful Permanent Resident Status if they have not met with counsel. The U.S. government does not pay for the counsel. People held or detained at ports of entry must be held for the shortest time and in the best conditions possible, with access to food, water, and restroom facilities. Sponsors: Sen. Harris, Kamala [D-CA] and co-sponsored by 6 Democrat Senators.

S.411 – The End Racial and Religious Profiling Act of 2017 or ERRPA prohibits and seeks to eliminate racial profiling by law enforcement. Racial profiling includes being profiled based on race, ethnicity, national origin, religion, gender, gender identity, or sexual orientation. The United States or any individual injured by racial profiling may take civil action against a law enforcement agency, agent, or the supervisor of an agent who engaged in racial profiling. Federal law enforcement agencies will have policies to eliminate racial profiling, prohibit profiling, and train agents regarding racial profiling. Any non-federal law enforcement agency applying for federal funding must submit a certificate stating that the agency meets anti-racial profiling requirements by having policies and procedures in place to end profiling, eliminating any practices that allow for profiling, training its agents on profiling issues, collecting data on profiling, and having an administrative complaint procedure or independent audit program. The Attorney General will create regulations for the operation of administrative complaint programs and independent audit programs. If a grant recipient does not comply with anti-racial profiling requirements, funds will be withheld in part or in whole until the recipient complies. Private parties may provide evidence that an agency is not complying. The Attorney General may conduct a 2-year demonstration project that collects data on hit rates for stops and searches and analyzes racial profiling. Grants will be awarded to agencies that develop and implement best practice devices and systems to eliminate racial profiling, including training on racial profiling issues, data collection, and developing feedback systems to identify officers engaging in racial profiling. The Attorney General will issue regulations for collecting data on all routine or spontaneous investigatory activities. Agencies will submit data based on a standardized form. The Justice Department must analyze collected data and issue a report to the public on racial profiling. The Attorney General will create an annual report for Congress on racial profiling and how effective measures to stop it in law enforcement are. Sponsors: Sen. Cardin, Benjamin L. [D-MD] and co-sponsored by 26 Democrat Senators and 1 Independent Senator.

S.415 – The bill rescinds Executive Order 13768, “Enhancing Public Safety in the Interior of the United States,” so that the order has no legal effect. The order makes most undocumented immigrants deportation priorities and withholds federal funding from sanctuary cities. Sponsors: Sen. Cortez Masto, Catherine [D-NV] and co-sponsored by 19 Democrat Senators and 1 Independent Senator.

S.Res.56  – The Sense of Senate Resolution condemns hateful rhetoric against refugees and asylum seekers and insists that no immigrant should be banned based on religion, sexual orientation, gender, gender identity, race, ethnicity, or nationality. The resolution rejects the Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States” and states that the order undermines national interest, separates families, and puts refugees at risk of death and injury. The United States has a long tradition of welcoming refugees and asylum seekers and has a moral obligation to continue doing so. Refugees are already the most heavily vetted entrants into the United States. Sponsors: Sen. Leahy, Patrick [D-VT] and co-sponsored by 29 Democrat Senators and 1 Independent Senator.