The Trump Administration is reportedly finalizing a new travel ban that will prohibit or severely limit the citizens of more than 40 countries from entering the United States.
On Jan. 20, 2025, President Donald Trump signed an executive order (EO) aimed at enhancing vetting procedures. This EO directed the secretary of state, the attorney general, the secretary of homeland security, and the director of national intelligence to jointly submit a recommendation to the president for suspending entry of migrants from “countries of particular concern” within 60 days. The recommendation is expected to be submitted to President Trump soon.
President Trump reportedly is considering implementing a new travel ban that could affect citizens from up to 43 countries. This proposed ban, often referred to as “Trump 2.0 Travel Ban,” is an expansion of the original travel ban from 2017, which primarily targeted seven Muslim-majority countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.
Historical Context
Trump’s 2017 travel ban (Executive Order 13769) targeted Muslim-majority nations and faced significant legal challenges before being upheld by the U.S. Supreme Court in 2018.
Current Developments
An internal administration memo reportedly suggests the inclusion of more countries in the new travel ban. The new ban appears to be a continuation of Trump’s immigration policies aimed at protecting national security and public safety.
While the White House has yet to publicly comment on the reported memo, the proposed new travel ban is expected to have significant implications for global mobility, international collaboration, and U.S. companies. Here are some of the main points:
The proposed ban includes a tiered system with three categories: Red, Orange, and Yellow.
- Citizens of countries listed in the “RED” category would be completely barred from entering the United States: Afghanistan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen.
- Citizens of countries listed in the “ORANGE” category would face higher scrutiny and would be subjected to “Mandatory in-person interviews” in order to receive a visa: Eritrea, Haiti, Laos, Myanmar, and South Sudan.
- Countries listed in the “YELLOW” category would be given 60 days to address concerns from the administration or risk being moved to the other categories: Angola, Antigua and Barbuda, Belarus, Benin, Bhutan, Burkina Faso, Cabo Verde, Cambodia, Cameroon, Chad, Democratic Republic of the Congo, Dominica, Equatorial Guinea, Gambia, Liberia, Malawi, Mauritania, Pakistan, Republic of the Congo, Saint Kitts and Nevis, Saint Lucia, Sao Tome and Principe, Sierra Leone, East Timor, Turkmenistan, and Vanuatu.
- Impact on Employers and Employees
The ban is expected to affect many employers and their employees’ global mobility. Nationals of the restricted or banned countries who are outside the United States when the ban is announced may be unable to return, even with a valid visa stamp. Employees or business visitors from highly restricted countries will face rigorous visa application processes. Additionally, U.S. companies may need to restructure their global workforce, potentially losing international talent and facing higher business costs.
- Legal and Implementation Challenges
The proposed ban includes different levels of restrictions, which appear to be calculated to deal with expected legal challenges or implementation challenges, including those related to the Equal Protection Clause of the 14th Amendment, due process, and discrimination, as seen with the 2017 travel ban.
As the administration finalizes the details, it is crucial to stay informed about the potential impacts and legal challenges that may arise.
Jackson Lewis attorneys will continue to follow this issue and provide updates on the new policies as they are enacted.
