On January 20, 2025, President Donald Trump signed an executive order titled "Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats," which directs federal agencies to recommend and implement enhanced vetting and screening for all foreign nationals intending to enter, or already present in, the United States. This order may reinstate and expand upon directives Trump issued during his first term, restricting travel to the United States by certain foreign nationals (sometimes referred to as a "travel ban"). Notably, in 2018, the US Supreme Court held, by a 5-4 majority, that the President has the authority to exclude foreign nationals when he determines that the entry would be detrimental to the United States.
The executive order seeks to identify ongoing deficiencies in the information needed to assess whether nationals of particular countries present a security threat, based upon a risk assessment "baseline." If foreign governments fail to share sufficient information, or if there are other risk factors present, the Administration may impose restrictions for those seeking to enter the United States – and pursue the removal of those already in the country.
During the Presidential campaign and transition, President Trump stated plans to "restore the travel ban." While this order does not impose a travel ban, it does signal that one might be issued within 60 days or soon thereafter from the signing of the order.
Highlights from the Executive Order
The order is aimed at protecting Americans "from aliens who
intend to commit terrorist attacks, threaten [US] national
security, espouse hateful ideology, or otherwise exploit the
immigration laws for malevolent purposes." To this end, the
order calls for enhanced vetting of foreign nationals, and directs
agencies to evaluate and adjust existing procedures to ensure the
continued safety of the United States and its citizens.
More specifically:
- The Secretary of State, in coordination with the Attorney General, Secretary of Homeland Security, and Director of National Intelligence, is directed to "vet and screen to the maximum degree possible" foreign nationals seeking admission into, or already present in, the United States.
- Within 30 days of the order, the Secretary of State, in
coordination with the Attorney General, Secretary of Homeland
Security, and Director of National Intelligence, is directed to:
- Evaluate and adjust existing regulations, policies, procedures, and provisions of the Foreign Service Manual, or guidance of any kind, pertaining to each of the grounds of inadmissibility.
- Ensure that safeguards are in place to prevent refugees or stateless persons from entering the United States without stringent identification verification beyond that required of other foreign nationals seeking entry into the country.
- Evaluate visa programs to ensure they are not used to harm the security or other national interests of the United States.
- Evaluate the sufficiency of programs designed to ensure the "assimilation of lawful immigrants into the United States, and recommend any additional measures to be taken that promote a unified American identity and attachment to the Constitution, laws, and founding principles of the United States."
- The order also directs the Secretary of State, Attorney General, Secretary of Homeland Security, and Director of National Intelligence to jointly submit a report, within 60 days, identifying countries "for which vetting and screening information is so deficient as to warrant a partial or full suspension on the admission of nationals from those countries" and identify how many nationals from those countries have entered the United States since January 20, 2021 (under President Joseph Biden's term).
- The Secretary of Homeland Security is ordered to take immediate steps to remove foreign nationals identified as a risk, unless doing so would disrupt a criminal investigation, prosecution, or national security interests.
What This Means for Employers
- The Administration is expected to issue a partial or full
"travel ban," restricting entry to the United States by
citizens from certain designated high-risk countries.
In his prior Administration, President Trump issued a travel ban that included restrictions on entry to the United States for citizens of Chad, Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen. At the time of this writing, the Administration has not published the list of countries that might be covered under a new travel ban.
Any new travel ban will impact employees and new hires who are overseas, as well as US-based employees who may not be permitted to return to the United States after a departure. Employers are advised to review internal travel policies and create a plan for assessing risk associated with international business trips for impacted employees.
- Employees who make visa applications at a US Embassy or Consulate abroad may face delays in visa issuance, due to enhancing screening procedures and administrative processing. New or different requirements may be imposed on visa applicants, which would be expected to extend processing times and adjudications periods.
- Visa appointment availability at the US Embassies and Consulates abroad may decline. This would lead to (even longer) wait times for employees required to renew visas before returning to the United States, likely disrupting travel plans and associated business and staffing plans.
- A new order may also impact foreign nationals in the United States who may be subject to removal, particularly those applying for an immigration benefit such as an extension of stay or change of status.
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