Diversity Visa Protection and Modernization Act

Congress finds the following:

(1) The Diversity Immigrant Visa Program is a congressionally authorized program established under section 203(c) of the Immigration and Nationality Act to promote diversity in lawful permanent immigration to the United States of America.

(2) Congress has delegated to the executive branch authority to administer immigration programs, including conducting security screening and imposing targeted restrictions where justified by national security or foreign policy concerns.

(3) Such authority has historically included country-specific, regional, or case-by-case limitations, including restrictions related to armed conflict, sanctions, diplomatic breakdowns, or individualized security risks.

(4) Program-wide or indefinite suspension of the Diversity Immigrant Visa Program, including halting issuance across all eligible countries, exceeds routine administrative discretion absent explicit statutory authorization.

(5) National security screening of Diversity Immigrant Visa applicants occurs prior to visa issuance and can be strengthened or tailored without suspending the program as a whole.

(6) Indefinite or opaque administrative pauses undermine congressional intent, due process, and the lawful expectations of Diversity Immigrant Visa selectees.

The purpose of this Act is to—

(1) reaffirm the authority of Congress over the continuation of the Diversity Immigrant Visa Program as a whole;

(2) distinguish between permissible targeted restrictions and impermissible wholesale suspension of the program;

(3) ensure transparency, accountability, and congressional oversight when the executive branch limits Diversity Immigrant Visa processing; and

(4) protect eligible Diversity Immigrant Visa selectees from losing lawful immigration opportunities due to broad, non-specific administrative pauses (or Executive action).

Except as provided in subsection (b), the Secretary of State or the Secretary of Homeland Security, as applicable, may not suspend, pause, or stop the issuance of visas pursuant to section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)).

The Secretary of State or the Secretary of Homeland Security, as applicable, may—

(1) implement a country-specific or regional suspension or limitation on the issuance of visas pursuant to section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)) following notification to Congress in accordance with subsection (c);

(2) undertake a case-by-case delay, denial, or request for enhanced screening based on an individualized security, criminal, or eligibility determinations; or

(3) suspend the issuance of visas pursuant to section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)) for a limited period not exceeding 60 days with issuance automatically resuming on the date that is 60 days after the date of such suspension following notification to Congress in accordance with subsection (c).

Not later than 7 days before initiating a suspension or limitation described under subsection (b)(1), the Secretary of State or the Secretary of Homeland Security, as applicable, shall submit to the appropriate congressional committees notice of such suspension or limitation, including —

(A) the scope, geographic reach, and duration of the suspension or limitation;

(B) identification of the specific and extraordinary threat that necessitates the issuance of visas pursuant to section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)) and explanation why a narrower, targeted, or country-specific measure would not sufficiently address the identified threat, if applicable;

(C) the specific national security or foreign policy rationale for the suspension or limitation;

(D) the legal authority relied upon for such suspension; and

(E) the steps being taken to resume normal issuance of visas pursuant to section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)).

The notice described under paragraph (1) shall be published in the Federal Register, except for classified annexes provided to the appropriate congressional committees.

No individual issued a visa pursuant to section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)) shall lose eligibility for such visa as a result of a suspension described under subsection (b)(3).

In this section, the term appropriate congressional committee means—

(1) the Committee on the Judiciary of the House of Representatives and the Senate;

(2) the Committee on Foreign Affairs of the House of Representatives; and

(3) the Committee on Foreign Relations on the Senate.