As indicated in a previous news posting, on his first day in office President Trump signed several executive orders affecting the ability of some foreign nationals to travel to or remain in the U.S. That news posting outlined how one of the executive orders called for a list of “travel ban” nationalities to be developed. The current draft list provides the following:
Red: All travel is banned
Afghanistan, Bhutan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, Yemen
Orange: Visas are sharply restricted
Belarus, Eritrea, Haiti, Laos, Myanmar, Pakistan, Russia, Sierra Leone, South Sudan, Turkmenistan
Yellow: These countries have 60 days to address concerns or risk travel ban:
Angola, Antigua and Barbuda, Benin, Burkina Faso, Cambodia, Cameroon, Cape Verde, Chad, Republic of Congo, Democratic Republic of Congo, Dominica, Equatorial Guinea, Gambia, Liberia, Malawi, Mali, Mauritania, St. Kitts and Nevis, St. Lucia, São Tomé and Príncipe, Vanuatu, Zimbabwe
“Recalcitrant” Countries
In addition to the list above, there is another executive order that has an open-ended provision for sanctions (which can include denial of visas or admission) against countries that are “recalcitrant” in cooperating with U.S. deportations of their nationals. In the past, countries deemed recalcitrant included China and India. The Trump Administration may or may not release a current list of “recalcitrant” countries, and a risk of a country being deemed “recalcitrant” in future is ongoing. To date this executive order was used to sanction Columbia, by making visas/certain admissions unavailable in January 2025.
Paroles
Another executive order revoked “categorical” parole entries for some countries. Per CBP guidance, at present, Form I-512 advance parole travel documents (for example, based on a Form I-485 applications to adjust status to permanent resident) are not revoked and continue to be reviewed on a case-by-case basis.
Denial of Entry with Valid Visa Stamps/Removal Based on Revoked Visa Stamps
In addition to other executive orders signed on January 20, 2025, an executive order signed on January 29, 2025, Additional Measures to Combat Anti-Semitism, has been used for denying entry of foreign nationals with a valid visa stamps, or for initiating removal from the U.S., based on revocation of visa stamps.
The Trump administration has used the authority provided in these orders to deny admission and/or detain foreign nationals in a number of cases, including:
• H-1B (Lebanese citizen) denied admission and removed (deported) based on border search of cellphone finding photos/content expressing praise for a Hezbollah leader (note: Customs & Border Protection has electronic media search authority and may also refer to social media posts in reviewing an application for admission);
• F-1 student in the U.S. (Indian), whose visa was revoked due to pro-Palestinian activity, who then departed the U.S. voluntarily (notably, her use of CBP Home app to report her departure was called “self-deportation” by the administration);
• F-1 students in the U.S. (Iranian), visas revoked for unknown reasons within 100 miles of the U.S. border, and detained (the Trump administration has passed a rule expanding its border search and expedited removal authority from within 100 miles of a U.S. border to the entire United States for foreign nationals who have been present in the U.S. less than 2 years).
Denial of Entry Even with No Visa Stamp Required
The Trump administration has also used the authority provided in existing law to deny admission in scenarios where there no visa stamp is required:
• Nationals of ESTA visa waiver countries (U.K., Germany) denied admission and detained for attempting to depart/enter from a third country and/or with the perceived intent to work without authorization;
• Treaty national (Canadian) denied admission – and detained – based on a TN MCA (NAFTA) application at a Mexican port of entry, possibly due to applying in a restrictive occupational category from a third country;
• Lawful permanent resident (“green card” holder and German citizen) denied admission, possibly due to arrest/criminal charge history;
• Refusal of admission of ESTA visa national (French) scientist traveling to the US for a conference after CBP searched his phone and found messages critical of the Trump administration.
Notably, Customs & Border Protection (CBP) has the authority to detain foreign nationals for a short period of time. If that time expires and the foreign national is not permitted to withdraw their application for admission (and pay for the costs for return travel to their home country), and is not eligible for expedited removal (deported) without an immigration court hearing at the government’s expense, then they will be transferred from CBP to Immigration & Customs Enforcement (ICE)-contracted detention facilities. Transfers can occur before updates to the locator system, so there can delays in determining where a foreign national is being held.
