Today, President Trump signed a proclamation further Restricting and Limiting the Entry of Foreign Nationals to Protect the Security of the United States – The White House. Today’s proclamation expands the ban announced on June 4, 2025, bringing the number of countries impacted to 41: 19 fully banned and 22 partially banned from entry to the United States.
When is the ban effective?
The ban will be effective for those seeking admission to the US on or after Wednesday, December 31, 2025 at 9:01PM Pacific/ Thursday, January 1, 2026 at 12:01AM Eastern. Anyone impacted by the Proclamation who is currently outside the US should make immediate plans to return to the US.
What is the basis for the ban?
The legal standing of the travel ban is based on the Supreme Court’s holding in Trump v. Hawaii, which upheld the President’s authority to restrict the entry of foreign nationals. The Proclamation states the countries were selected for restrictions because of high rates of visa overstays, terrorism concerns, and lack of cooperation in accepting their nationals who have been removed from the US.
To whom does the ban apply?
- Individuals who are outside of the United States and do not have a valid visa when the ban takes effect. Individuals who already have valid visas are not impacted.However, nationals of the below countries with valid visas on the effective date should still consider the possibility of delay and additional vetting when seeking admission to the US.
- Full Ban: Entry to the US by both immigrants and nonimmigrants will be fully suspended for nationals of Burkina Faso, Mali, Niger, South Sudan, and Syria; individuals holding Palestinian-Authority-issued travel documents; and Laos and Sierra Leone (previously partially restricted; now fully restricted). This list expands upon nationalities banned since June 9, 2025: Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan and Yemen.
- Partial Ban: Entry to the US will be suspended for those seeking admission in B-1, B-2, F, M and J status or as immigrants for nationals from Angola, Antigua and Barbuda, Benin, Cote d’Ivoire, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Zambia, and Zimbabwe. This list expands upon nationalities partially banned since June 9, 2025: Burundi, Cuba, Togo, and Venezuela seeking admission in B-1, B-2, F, M and J status or as immigrants. Turkmenistan – nonimmigrants are removed from the list; immigrants remain on the list
Are there exceptions to the ban? Yes, the following individuals are expressly excepted from the ban:
- Lawful permanent residents(green card holders) of the United States
- Dual nationalstraveling on the passport of the non-designated country (for example, a dual national of Canada and Iran may enter using their Canadian passport)
- Diplomatsholding A/G/NATO visas
- Athletes, members of an athletic team, coaches, their immediate relatives traveling for the World Cup, Olympics, or other major sporting event designated by the Secretary of State
- Family-based immigrant visa holders with “clear and convincing proof of relationship”
- Adoption visa categories
- S. government employee special immigrant visaholders
- Immigrant visas for ethnic and religious minorities in Iran
- Individuals whose entry is determined to be in the national interest of the Department of Justice, as determined by the Attorney General
- Individuals whose entry is determined to be in the national interest as determined by the Secretary of State
What qualifies as a national interest exception (NIE)?
The Proclamation does not address the criteria for a national interest exception. However, during the travel bans implemented during the first Trump Administration, the State Department considered the below factors in support of NIE requests. It is likely the same or similar criteria will be relevant. Individuals applying for visas under this exception should expect delays in the visa application process.
- Individuals providing vital support or executive direction for critical infrastructure
- Individuals providing vital support or executive direction for significant economic activity in the United States
- Individuals who are critical to U.S. law enforcement or intelligence efforts
- Individuals traveling to support U.S. government interests, such as diplomatic missions or military cooperation
- Individuals whose presence is urgently needed by a U.S. employer
- Artists and athletes participating in significant events deemed to be in the national interest
- Humanitarian considerations aligning with the national interest (at the time, medical professionals during the Covid pandemic)
Should you have any questions regarding the above, please do not hesitate to reach out to your LAC attorney.