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- What does this new executive order do?
- Is the ban in effect now?
- What new elements does this Executive Order introduce?
- How likely is it that waivers or exemptions will be a part of a new ban?
- I need legal advice. Who should I contact?
- What is going to happen to Iranian visa issuances?
- Are there legal or legislative options to stop this ban?
- How can I contact NIAC for assistance or more information?
- Is there a ban on issuing new Iranian visas?
- How could the new Executive Order impact individuals from Iran who have been issued visas since 2021?
- Will U.S. citizens be impacted by the new orders?
- What should green card holders outside the U.S. do?
- Can Iranian nationals on valid visas apply for adjustment of status?
- What about green card applications for family members outside the United States?
- What is the current status of the order on birthright citizenship?
- Who would be impacted if the birthright citizenship order takes effect?
- What is the status of the refugee resettlement program?
- What are the new restrictions on asylum at the southern border?
- How did Trump come to target the countries included in the bans in his first term?
What does this new executive order do?
On January 20, 2025, President Donald Trump issued an Executive Order that sets up the return of the travel ban, which previously barred Iranian and other nationals from securing visas on the basis of their national origin. At a basic level, the Executive Order directs the administration to begin the process of restoring a potential travel ban within 60 days.
The core of the order directs the Secretary of State and Secretary of Homeland Security, in coordination with the Assistant to the President for Homeland Security, to issue a report by March 21, 2025. This report will identify “countries throughout the world 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 pursuant to section 212(f) of the [Immigration and Nationality Act].”
Prior iterations of the ban restricted most Iranians from securing visas for travel to the United States. In a prior report from Trump’s first term upholding restrictions on visa issuances to Iranian nationals, the administration assessed: “The government in Iran regularly fails to cooperate with the United States Government in identifying security risks; is the source of significant terrorist threats; is state sponsor of terrorism; and fails to receive its nationals subject to final orders of removal from the United States.”
While the new Trump administration Executive Order is apparently intended to reduce the risk of terrorism, there has been little correlation between nationality and terrorist threats, undermining the logic of the bans.
Is the ban in effect now?
No. There is no ban on visa issuance to Iran presently. However, a ban could conceivably be announced any day through March.
What new elements does this Executive Order introduce?
Concerningly, the order may lead to the deportation of Iranians and other individuals who lawfully secured a visa after the previous ban had been repealed in 2021.
It directs the government to conduct a review of individuals from countries that will be subject to the new ban who have been issued visas over the past four years, directing the administration to begin to deport at least some of them under undetermined criteria.
It does so by stating that the report within the next sixty days should identify “how many nationals from (banned) countries have entered or have been admitted into the United States on or since January 20, 2021…Whenever information is identified that would support the exclusion or removal of any alien described in subsection 2(b), the Secretary of Homeland Security shall take immediate steps to exclude or remove that alien unless she determines that doing so would inhibit a significant pending investigation or prosecution of the alien for a serious criminal offense or would be contrary to the national security interests of the United States.”
This is a novel element that was not included in prior iterations of the ban. If implemented broadly, which is certainly a possibility, it could represent a major threat to tens of thousands of individuals’ rights. More than 40,000 individuals from Iran alone appear to have been granted lawful visas over the past four years, excluding visitor visas.
Section 3 of the order also lists out some vague directives to inform enforcement and spur initiatives that guard against perceived foreign threats. This includes a call to protect the United States from “foreign nationals who have undermined or seek to undermine the fundamental constitutional rights of the American people, including, but not limited to, our Citizens’ rights to freedom of speech and the free exercise of religion protected by the First Amendment, who preach or call for sectarian violence, the overthrow or replacement of the culture on which our constitutional Republic stands, or who provide aid, advocacy, or support for foreign terrorists.”
How likely is it that waivers or exemptions will be a part of a new ban?
We do not yet know if there will be exemptions or waivers to any new ban.
The final version of the ban issued under the previous Trump administration exempted Iranian students and allowed for a waiver to be granted to Iranian nationals seeking a visa “only if a foreign national demonstrates to the consular officer’s or CBP official’s satisfaction that:
(A) denying entry would cause the foreign national undue hardship;
(B) entry would not pose a threat to the national security or public safety of the United States; and
(C) entry would be in the national interest.”
Notably, the waiver process was heavily criticized as a sham, as very few were processed. In 2019, the State Department’s own data showed that waivers were only utilized in a small number of cases. This was cited by Supreme Court Justice Sonia Sotomayor in a dissenting opinion in Trump v. Hawaii, where she wrote “there is reason to suspect that the Proclamation’s waiver program is nothing more than a sham.”
As a result, while many Iranian nationals may have a compelling case for securing a waiver, it is likely reasonable to suspect that the odds of securing a waiver may be low.
I need legal advice. Who should I contact?
NIAC does not provide legal advice, but we are happy to try to connect you with individuals who can. Contact Us at +1 (202) 386-6325 or by email at [email protected].
Our Travel Ban Center provides key Know Your Rights documents and provides links to legal resources.
The following lawyers are among those who have experience dealing with the Iranian community and could offer legal services or advice:
- Mahsa Khanbabai, https://www.mk-immigration.com/
- Curtis Morrison, https://redeaglelaw.com
- Babak Yousefzadeh, https://www.sheppardmullin.com/byousefzadeh
What is going to happen to Iranian visa issuances?
We expect visa issuances to Iranian nationals to plummet if Iran is once again targeted in a ban. Whereas visa processing recovered to an extent after the ban was repealed by the Biden administration, with approximately 25,000 immigrant and nonimmigrant visas issued to Iranian nationals in each of the past two fiscal years, Trump’s final two fiscal years saw less than 7,000 Iranian visas. Both totals pale in comparison to visa issuances under the Obama administration, when Iranian visa issuance was regularly well above 30,000 and exceeded 40,000 in two fiscal years.
Are there legal or legislative options to stop this ban?
There will be legal and legislative options to challenge any new ban and seek relief on individual cases, though it is hard to predict before a ban is definitively announced.
Early in the first Trump Administration, there were several legal efforts that initially succeeded in halting implementation of the first two versions of the ban – Executive Order 13769 and Executive Order 13780. Amid each ban, judges sided with plaintiffs who argued that the bans were based in unlawful religious discrimination, issuing orders to halt nationwide implementation of the bans amid judicial review. However, the final version of the ban – Presidential Proclamation 9645 – went all the way to the Supreme Court.
In a momentous 5-4 decision in Trump v. Hawaii, a majority of the Supreme Court allowed the ban to go into effect, arguing that the President has the authority to bar the entry of aliens to the United States and noting the proclamation’s inclusion of a waiver process. The dissenting argument, by contrast, noted the Trump administration’s history of animus toward Muslim populations, the lack of an effective waiver and the lack of evidence that it was based in national security. If the ban is largely similar to that which was upheld in 2018, the Trump v. Hawaii precedent could limit legal avenues for challenging a future ban. However, separate litigation has been pursued and provided forms of relief to those impacted by the initial bans.
Legislation has been introduced in past Congresses, the NO BAN Act, that would limit the authority of the Executive Branch to unilaterally impose travel bans without meeting certain criteria. This legislation is expected to be introduced in the new Congress but faces a daunting road to becoming law given lack of support from Congressional Republicans.
How can I contact NIAC for assistance or more information?
We recognize that there are many questions in the community regarding the Trump administration’s recent immigration orders.
You can message us with specific questions at [email protected], or visit our Travel Ban Center: niacouncil.org/travelban
While this does not constitute legal advice, we have summarized some information below that could be helpful.
Is there a ban on issuing new Iranian visas?
There is no ban on issuing new Iranian visas currently in place. However, this is likely to change around March 21, 2025. The issuance of visas may also slow considerably ahead of this date.
The Trump administration is likely to conduct some sort of review of individuals issued visas since 2021 who are from nations who will be subject to the new ban. This review will seek to determine if any individuals on valid visas should be subject to removal, or deportation. We do not know the criteria they will use to justify any removal orders.
If you think you may fit this category, it would be doubly advisable to follow all laws and regulations. Out of an abundance of caution amid this uncertain time, we also believe it advisable to abstain from social media posts that could be interpreted as political.
Will U.S. citizens be impacted by the new orders?
If you are currently a U.S. citizen, we do not know of any issue from the new orders that is likely to directly impact you.
What should green card holders outside the U.S. do?
If you are currently a green card holder (legal permanent resident/LPR) who is presently outside the nation’s borders, we believe it is advisable to make plans to be in the United States sooner rather than later. Some green card holders were impacted by the first travel ban the Trump administration imposed in January 2017, and we do not know the scope of the pending ban.
Can Iranian nationals on valid visas apply for adjustment of status?
At this time, we do not know of any restriction intended to block the ability of Iranians presently inside the United States on valid visas to apply for adjustment of status or, if the application is in process, impacting the status of that application.
What about green card applications for family members outside the United States?
For those applying for a green card for a family member outside of the United States, such as an immediate relative or family preference visa, it is possible that a new ban will impact these applications. However, even under the prior bans, a large number of waivers were issued for Iranians applying for these types of immigrant visas.
What is the current status of the order on birthright citizenship?
The new Executive Order impacting birthright citizenship has been blocked by a court order as it undergoes judicial review. As a result, nobody should be impacted so long as the order is blocked by the courts.
Who would be impacted if the birthright citizenship order takes effect?
If the Executive Order goes back into effect, it could impact some Iranian nationals in the United States under very specific criteria. The order does not impact current U.S. citizens or green card holders.
It states that if you are a mother expecting to give birth to a child and are:
- present in the United States on a temporary visa – for example, a visitor visa or a student visa; or
- are undocumented, or in the United States without a valid visa; and
- the father of the child is not a U.S. citizen or green card holder; then:
As of February 19, 2025, U.S. government agencies have been directed not to issue citizenship to children whose mother meets the above criteria. This is a reversal of prior policy which would grant the child citizenship.
The order will not go into place for now.
What is the status of the refugee resettlement program?
If you have applied for refugee resettlement in the United States, the Trump administration has paused implementation of the program for at least ninety days. We do not know when and if refugee resettlement will be restored. Refugee processing declined sharply during the Trump administration’s first term and we expect a similar trend in the months to come.
What are the new restrictions on asylum at the southern border?
The Trump administration has ordered a series of measures imposing restrictions to entry to the United States through the southern border, effectively barring undocumented individuals from seeking asylum there. Some Iranian nationals have sought entry to the U.S. through the southern border, along with nationals of many other countries. This order will render it extremely difficult if not impossible to be granted asylum through the U.S. southern border.
How did Trump come to target the countries included in the bans in his first term?
After Trump promised to impose a Muslim ban, he reportedly asked his advisors how to impose one “legally.” This led Trump advisors to target seven Muslim-majority countries – Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen – in their initial ban, Executive Order 13769. These nations appear to have been chosen because of discriminatory restrictions that were enacted under the Obama administration related to the Visa Waiver Program. Specifically, those restrictions barred dual nationals and individuals who had traveled to the targeted nations from participation in visa free travel to the United States, instead requiring them to apply for visas. Those discriminatory restrictions were opposed by many, but served as the basis for a much broader and harsh ban on any new visas, an example of a slippery slope leading to far harsher restrictions and harm.
When implementation of the first ban was halted by the courts, the Trump administration tried again with Executive Order 13780. This order defended the administration’s decision to impose a ban on nationals from the targeted countries, reimposing the restrictions under a new order, though it also faced serious legal challenges that halted implementation at times. The Executive Order also directed the Department of Homeland Security and the Department of State to issue a joint report outlining whether “additional information will be needed from each foreign country to adjudicate an application by a national of that country for a visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual is not a security or public-safety threat.” This directive delivered a report indicating that various restrictions under the bans should be continued.
Trump then issued Presidential Proclamation 9645 on September 24, 2017, citing the findings of the report issued by the Department of Homeland Security and the Department of State. This ban, thanks to specious legal arguments and the inclusion of a waiver – which was rarely utilized – ultimately was upheld by the Supreme Court in a 5-4 decision. Some nations did end up being dropped from the ban’s targeting over time, including Iraq and Sudan, though additional nations were added, including Chad, North Korea and Venezuela, likely to help defend the bans from legal challenges. The ban would remain in place, barring tens of thousands from securing a visa solely on the basis of their national heritage, until Joe Biden rightly rescinded the ban on his first day in office.
For further updates, visit our Travel Ban Center.
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