One of the Trump Administration’s first Executive Orders tasked government agencies to review and advise on visa issues. Based on various reports, this work is complete and the Administration is preparing to implement a broad new travel ban that could bar or severely restrict entry for citizens of up to 43 countries, according to officials familiar with internal deliberations. The proposed policy, currently under review, would be significantly broader than the travel restrictions imposed during Trump’s first term.

A draft list of recommendations from diplomatic and security officials outlines a three-tiered system:

   •          Red List (11 countries): Citizens from these nations would face a total travel ban, preventing them from entering the U.S. under any circumstances.
   •          Orange List (10 countries): These nations would face sharply restricted visa policies, with entry primarily limited to affluent business travelers and subject to mandatory in-person visa interviews.
   •          Yellow List (22 countries): These countries would have 60 days to address perceived security deficiencies or risk being moved to the red or orange lists.

The finalized recommendations are expected to acted on by the White House soon, though changes to the list remain possible.

It is unclear whether current visa holders or lawful permanent residents (green card holders) from affected countries would be exempt from the new rules. Officials have also not specified whether the administration will provide waivers or exemptions for certain categories of travelers, such as students or family members of U.S. citizens.

During Trump’s first term, initial travel bans targeting several Muslim-majority nations faced legal challenges before a revised version was ultimately upheld by the Supreme Court. President Biden later revoked those restrictions upon taking office in 2021, calling them “a stain on our national conscience.”

The new proposed list includes a mix of countries previously affected by Trump-era travel bans and others not previously targeted. Some nations on the red and orange lists—such as Afghanistan, Bhutan, and Venezuela—were not part of the original bans, raising questions about the administration’s criteria for inclusion.

While we recognize the need to prevent possible national security threats or individuals who may not abide by the terms and conditions of their visa, this is an extremely broad directive if the Administration goes through with the leaked draft. We witnessed the sudden departure from visa policy that occurred in response to 9/11 and the COVID-19 Pandemic and history recognizes both of these periods as over-corrections. We also worry about the broadness of the pronouncement given recent events – events that include, the unlawful arrest of a legal permanent resident graduate student at Columbia University (reportedly there was no warrant), the failure to follow a court order and return planes that were flown out of the U.S. with Venezuelans who were on board (and improperly labeled as gang members), and the removal of a Lebanese Dr. who was seeking reentry as a faculty member, despite a Judge’s order that she not be removed. These highly inappropriate and unauthorized acts do not suggest intellectual honesty on the part of this government or our immigration authorities and we will continue to monitor new developments.

If you are from a country in the Red or Orange list (below) you may wish to return to the U.S. before these new restrictions take effect so as the avoid possible issues on re-entry or possible cancellation of your visa. Individuals should make their own decisions, and of course it is hard for us to advise appropriately given the lack of direct information and the likelihood that this policy will be implemented at the same time it is announced, giving individuals impacted by this policy no advance warning. Further details on the visa policy and its potential impact are expected in the coming days and we will continue to monitor and report on updates.

Draft List of Proposed Travel Ban Countries (NOTE: This list is subject to change and has not been finalized yet)

Red List (Total Travel Ban – 11 Countries)
            1.         Afghanistan
            2.         Bhutan
            3.         Cuba
            4.         Iran
            5.         Libya
            6.         North Korea
            7.         Somalia
            8.         Sudan
            9.         Syria
            10.      Venezuela
            11.      Yemen

Orange List (Severely Restricted Visas – 10 Countries)
            12.      Belarus
            13.      Eritrea
            14.      Haiti
            15.      Laos
            16.      Myanmar
            17.      Pakistan
            18.      Russia
            19.      Sierra Leone
            20.      South Sudan
            21.      Turkmenistan

Yellow List (60-Day Compliance Period – 22 Countries)
            22.      Angola
            23.      Antigua and Barbuda
            24.      Benin
            25.      Burkina Faso
            26.      Cambodia
            27.      Cameroon
            28.      Cape Verde
            29.      Chad
            30.      Republic of Congo
            31.      Democratic Republic of Congo
            32.      Dominica
            33.      Equatorial Guinea
            34.      Gambia
            35.      Liberia
            36.      Malawi
            37.      Mali
            38.      Mauritania
            39.      St. Kitts and Nevis
            40.      St. Lucia
            41.      São Tomé and Príncipe
            42.      Vanuatu
            43.      Zimbabwe