Diversity Visa Protection and Modernization Act
- Sponsor
- Rep. Clarke, Yvette D. [D-NY-9]
- Committees
- Judiciary Committee (primary)
- Last action
- Jun 25, 2026
Bottom line
H.R. 9457 aims to restrict executive branch authority to broadly suspend the Diversity Immigrant Visa Program, ensuring its continuity and increasing transparency and congressional oversight over any limitations.
What it actually does
This bill, the Diversity Visa Protection and Modernization Act, prohibits the Secretary of State or Homeland Security from suspending the Diversity Immigrant Visa Program (DV Program) program-wide, except for specific, limited exceptions. It allows for country-specific or regional suspensions, case-by-case delays, or a temporary 60-day program-wide suspension, all requiring prior congressional notification and public disclosure. The bill also ensures that DV selectees do not lose eligibility due to a temporary 60-day suspension.
Proponents argue
Proponents argue that the bill reaffirms congressional intent for the Diversity Immigrant Visa Program to continue as a vital pathway for diverse immigration. They contend that broad, indefinite suspensions by the executive branch undermine due process, lawful expectations of selectees, and congressional authority. This bill ensures that any necessary security screenings or restrictions are targeted and transparent, rather than halting the entire program, thereby protecting eligible individuals from losing opportunities due to administrative pauses.
Opponents contend
Opponents might argue that the bill unduly restricts the executive branch's ability to respond swiftly and broadly to unforeseen national security threats or foreign policy crises that could necessitate a program-wide pause. They might contend that requiring extensive congressional notification and limiting suspension periods could hinder the executive's flexibility to implement necessary security measures or adapt to rapidly changing global circumstances, potentially compromising national security.
The bill is very short and clearly written, making it highly accessible for any reader to understand its provisions and implications within a short timeframe.
Section 2
Congressional Findings and Purpose
This section lays out Congress's understanding of the Diversity Immigrant Visa Program (DV Program) as a congressionally authorized program to promote diversity. It asserts that while the executive branch has authority for targeted restrictions, program-wide suspensions exceed this discretion without explicit statutory authorization. The purpose is to reaffirm congressional authority, distinguish permissible restrictions from impermissible suspensions, ensure transparency, and protect DV selectees.
Supporters argue
Supporters argue these findings are crucial for establishing the legislative intent behind the bill, emphasizing Congress's role in immigration policy and the importance of the DV Program. They believe it provides a strong legal and policy foundation for restricting executive overreach.
Critics contend
Opponents might argue that these findings are overly prescriptive and could be seen as an attempt to retroactively constrain executive authority that has been historically exercised, potentially setting a precedent for Congress to micromanage executive functions in other areas.
Tradeoffs
The tension between executive branch flexibility in foreign policy/national security and congressional oversight/intent in statutory programs.
Section 3(a)
General Prohibition on Program-wide Suspension
This core provision explicitly prohibits the Secretary of State or the Secretary of Homeland Security from suspending, pausing, or stopping the issuance of Diversity Immigrant Visas across the entire program. This means that, generally, the executive branch cannot unilaterally halt the entire DV Program.
Section 3(b)
Permissible Targeted and Temporary Suspensions
This section outlines the only circumstances under which the executive branch may limit DV visa issuance. These include country-specific or regional suspensions, case-by-case delays based on individual security concerns, or a limited program-wide suspension not exceeding 60 days. All such actions, except for case-by-case delays, require congressional notification.
Section 3(c)
Mandated Congressional Notification and Public Disclosure
This provision requires the Secretary of State or Homeland Security to notify specific congressional committees at least 7 days before implementing any country-specific/regional suspension or a 60-day program-wide suspension. The notice must detail the scope, duration, specific threat, national security/foreign policy rationale, legal authority, and steps to resume normal operations. This notice must also be published in the Federal Register, with classified annexes provided to Congress.
Section 3(d)
Eligibility Protection for Selectees During Temporary Suspensions
This section explicitly states that no individual who has been selected for a Diversity Immigrant Visa will lose their eligibility for that visa as a result of a temporary 60-day program-wide suspension implemented under subsection (b)(3). This provision aims to protect applicants from administrative delays.