Banning Perpetrators of Religious Persecution Act of 2026
- Sponsor
- Sen. Budd, Ted [R-NC]
- Committees
- Judiciary Committee (primary)
- Last action
- Jan 15, 2026
Bottom line
The Banning Perpetrators of Religious Persecution Act of 2026 aims to strengthen U.S. immigration law by denying entry to individuals involved in religious freedom abuses and increasing transparency regarding these actions.
What it actually does
This bill amends the Immigration and Nationality Act to expand the categories of foreign nationals who are inadmissible to the United States. It specifically targets individuals who have committed, directed, authorized, or significantly supported violations of religious freedom, including foreign government officials and other individuals outside the U.S. The bill also mandates public disclosure of the names of such inadmissible aliens, with an exception for cases involving adverse foreign policy consequences.
Proponents argue
Proponents argue that this bill strengthens the U.S. commitment to religious freedom globally by holding perpetrators accountable and denying them access to the United States. They contend it sends a clear message that the U.S. will not tolerate religious persecution and provides a tangible consequence for those who violate fundamental human rights. Furthermore, the public notice requirement enhances transparency and serves as a deterrent.
Opponents contend
Opponents might argue that the bill grants excessive, unreviewable discretion to the Secretary of State regarding public disclosure, potentially allowing politically motivated exceptions. They may also raise concerns about the broad definitions of 'violations of religious freedom' and 'significantly supported,' which could lead to arbitrary application or unintended foreign policy complications, potentially straining diplomatic relations with countries where such violations are alleged.
The bill is short and straightforward, allowing for a quick and comprehensive understanding of its provisions.
Section 2, amending Section 212(a)(2)(G) of the Immigration and Nationality Act.
Expanded Inadmissibility for Religious Freedom Violators
This provision makes two new categories of individuals inadmissible to the U.S. First, foreign government officials responsible for or directly carrying out "particularly severe violations of religious freedom" are barred. Second, any alien outside the U.S. who directed, authorized, significantly supported, participated in, or carried out either "particularly severe violations of religious freedom" or general "violations of religious freedom" is also inadmissible.
Supporters argue
Supporters argue this provision directly targets individuals responsible for religious persecution, ensuring the U.S. does not provide safe haven or travel opportunities to those who violate fundamental human rights. It reinforces U.S. foreign policy objectives related to religious freedom.
Critics contend
Critics might argue that the broad scope of "violations of religious freedom" and "significantly supported" could lead to subjective interpretations and potentially ensnare individuals whose involvement is indirect or minor, creating a wide net that could be difficult to administer fairly.
Tradeoffs
The tension lies between robustly enforcing human rights standards and maintaining diplomatic flexibility. While denying entry to perpetrators is a strong stance, broad criteria could complicate relations with countries where religious freedom issues are sensitive.
Section 2, amending Section 212(a)(2)(G)(ii) of the Immigration and Nationality Act.
Public Disclosure of Religious Freedom Violators
This provision mandates that the Secretary of State publicly post the names of all aliens determined to be inadmissible under the new religious freedom violation criteria, along with the countries or locations where these violations occurred. This disclosure is required notwithstanding existing confidentiality limitations on immigration records.
Section 2, amending Section 212(a)(2)(G)(ii)(II) of the Immigration and Nationality Act.
Foreign Policy Exception to Public Disclosure
This provision allows the Secretary of State, in their "sole and unreviewable discretion," to exclude the identity of an inadmissible alien from public disclosure if it is determined that such release would have "adverse foreign policy consequences for the United States." The Secretary must then submit a semiannual report to Congress explaining the reasons for each exclusion.
The bill relies on definitions of "particularly severe violations of religious freedom" (section 3(13)) and "violations of religious freedom" (section 3(16)) from the International Religious Freedom Act of 1998 (22 U.S.C. 6402).
Section 2, amending Section 212(a)(2)(G)(i)(I) and (II).
Why it matters:This is standard legislative practice for brevity and consistency, avoiding reprinting lengthy definitions already codified in law.
Case for: Referencing existing definitions ensures consistency with established U.S. human rights law and avoids creating new, potentially conflicting definitions. It streamlines the legislative text.
Case against: For a casual reader, the reliance on external definitions increases the cognitive load required to fully grasp the bill's implications, potentially obscuring the precise scope of the prohibited conduct.
Estimated impact: The impact is significant as these definitions determine the exact scope of who is inadmissible under the bill.