How Trump is Laying the Groundwork for Another Travel Ban

Protesters gather outside the Supreme Court while the justices consider the legality of President Donald Trump's latest travel ban on Wednesday, April 25, 2019

In 2017, Donald Trump’s first travel ban faced a firestorm of legal challenges and public outrage. The policy, which initially barred entry from several Muslim-majority countries, was eventually revised multiple times before being upheld by the Supreme Court in 2018. Now, in his second term, Trump is laying the groundwork for an even more sweeping travel ban—one that could affect not only new arrivals but also immigrants already living in the U.S.

Countries impacted the 2017 Trump Muslim Travel Ban

Instead of immediately enacting a ban, Trump’s administration is moving methodically this time, first ordering a review of countries with “deficient” vetting and screening procedures. This executive order, signed on Day 1 of his second term, directs his Cabinet to assess and report back within 60 days. Although the order does not explicitly name any countries, experts believe it could target nations previously listed in Trump’s first-term bans, such as Yemen, Somalia, and Sudan.

The implications of this policy shift are far-reaching, especially for immigrant families and asylum seekers who have already endured years of uncertainty. Unlike the 2017 ban, which mainly focused on restricting new entries, this new directive opens the door to potential deportations of individuals who entered the U.S. on temporary visas in the last four years but have not yet secured permanent status.

A More Legally Cautious Strategy

The first travel ban was rushed and poorly justified, which led to early legal defeats. This time, Trump’s administration is being more strategic by gathering data and crafting a legal framework that can withstand court scrutiny.

According to Stephen Yale-Loehr, a professor of immigration law at Cornell Law School, “I think that they’ve learned from their mistakes in the first administration, setting things up so that if they want to do a travel ban, it’s fairly likely to be upheld in court.”

By ordering a review of countries’ vetting procedures, the administration can claim that any future bans are based on objective security concerns rather than outright discrimination. However, the broad language in the executive order leaves open the possibility of ideological vetting, raising concerns that visa denials and deportations could be influenced by political beliefs.

Potential for a Broader Ban and Mass Deportations

In January 2025, President Donald Trump issued Executive Order 14159, titled "Protecting The American People Against Invasion," which significantly expanded the scope of expedited removal procedures. This policy allows for the rapid deportation of undocumented individuals without a court hearing. Previously, expedited removal was primarily applied to individuals apprehended near U.S. borders who had been in the country for less than two weeks. The expansion now enables immigration authorities to apply expedited removal nationwide to individuals who have been in the U.S. for less than two years.

The new travel ban could go beyond previous restrictions. In addition to blocking new arrivals, the policy could impact those who have been living in the U.S. legally but do not have green cards. Trump’s executive order asks for a report detailing how many nationals from countries with “deficient vetting” have entered the U.S. since January 20, 2021.

Immigration advocates worry this data collection could be used to justify mass deportations. César Cuauhtémoc García Hernández, a professor at Ohio State University and expert in immigration law, warns that the new policy “appears to be setting the stage for more intense and longer-lasting surveillance of migrants already in the U.S.”

Another alarming aspect is the introduction of ideological criteria for admissibility. The executive order states that the U.S. should not admit travelers who hold “hostile attitudes toward U.S. citizens, culture, government, institutions, or founding principles.” Critics argue that this vague wording could be used to target individuals based on their political beliefs rather than any concrete security threat.

A Return to Discriminatory Policies?

The 2017 travel ban faced significant criticism for disproportionately targeting Muslim-majority nations. While the Supreme Court eventually upheld a revised version, the move was widely seen as a reflection of Trump’s hardline stance against immigrants from certain regions.

This new executive order raises concerns that Trump is seeking to resurrect and expand these policies. Abed Ayoub, the national executive director of the American-Arab Anti-Discrimination Committee, warns that the inclusion of ideological vetting is particularly troubling: “The language that stands out to us is the language about ideological exclusion… even individuals who are not from banned countries may be denied visas if their views are deemed ‘un-American.’”

On January 20, 2025, President Donald Trump signed 26 executive orders on his first day back in office, surpassing the single executive order he issued on his first day in 2017.

Trump’s statements during the 2024 campaign suggest that these fears are not unfounded. He has repeatedly promised to implement travel bans targeting Palestinians from Gaza, as well as individuals he labels as “Marxists, socialists, and communists.” Additionally, he recently signed an executive order calling for the deportation of noncitizens who participated in pro-Palestinian protests on college campuses.

Pro-Palestinian protestors trying to enter the Brooklyn Museum in the Brooklyn borough of New York, May 31, 2024.

— Reuters pic

What This Means for Refugees and Immigrants

For refugees and asylum seekers fleeing persecution, these potential changes are devastating. Many have spent years navigating the complex U.S. immigration system, trying to build a life in a new country. A sweeping travel ban could suddenly render them vulnerable to deportation, despite following legal processes.

As a law firm dedicated to serving immigrants and refugees, Amba Law Immigration Solutions stands firmly against policies that dehumanize and destabilize immigrant communities. The possibility of new travel bans reinforces the need for strong legal advocacy and community support.

If you or a loved one are concerned about how these changes may impact your immigration status, it is crucial to seek legal guidance now. The landscape is shifting, and having experienced legal counsel can make all the difference in securing your rights and future.

Amba Law Immigration Solutions PC

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration laws and policies are constantly evolving. If you need legal assistance, please contact a qualified immigration attorney.