By Cyrus D. Mehta and Kaitlyn Field*
The Trump administration not too long ago introduced two new insurance policies that create extra hurdles to lawful immigration.
The primary coverage, introduced on December 16, 2025, is an growth of the earlier Presidential Proclamation which restricted the entry of nationals of Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen into the USA below INA 212(f), which authorizes the President to limit the entry of aliens if they’re deemed “detrimental to the pursuits of the USA”. It additionally restricts nationals of Burundi, Cuba, Togo, Venezuela, and Turkmenistan from coming into the US on immigrant, vacationer (B-1, B-2, B-1/B-2), pupil (F and M), or change customer (J) visas. Nationals of Turkmenistan stay prohibited from coming into the USA on immigrant visas.
The brand new proclamation absolutely bans nationals of Burkina Faso, Laos, Mali, Niger, Sierra Leone, South Sudan, and Syria, in addition to people holding Palestinian Authority-issued or endorsed journey paperwork from entry into the USA. It additionally introduces partial restrictions for Angola, Antigua and Barbuda, Benin, Cote d’Ivoire, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Zambia, and Zimbabwe.
Lawful everlasting residents, present visa holders, twin nationwide of a delegated nation touring on a passport of a non-designated nation, asylees, diplomats holding A, G, or NATO visas, ethnic and non secular minorities in Iran and a few athletes touring for a serious sporting occasion are exempt from the journey restrictions. Particular Immigrant Visa (SIV) holder are additionally exempt from the journey restrictions, though Afghans who qualify for the SIV program are now not exempt. The most recent proclamation additionally removes exceptions beforehand outlined within the June proclamation for people with family-based immigrant visas and adoption visas. People whose entry is set to be within the nationwide curiosity as decided by the Division of Justice, Secretary of State, or Secretary of Homeland Safety may additionally be eligible for exemptions.
The expanded set of restrictions applies to people who’re outdoors of the USA as of January 1, 2026, and shouldn’t have a sound visa. The record of impacted international locations can be reviewed by the administration each 180 days to find out if any modifications are wanted.
Though INA 212(f) authorizes the entry of aliens into the US, see Trump v. Hawaii, the Trump administration has expanded its authority below INA 212(f) to additionally order a pause on the adjudication of immigration advantages throughout the US below the unique 19 international locations and the international locations banned below the expanded proclamation. It stays to be seen whether or not the courts will permit the Trump administration to broaden 212(f) to pause advantages within the US when INA 212(f) speaks solely to the entry of aliens into the US and to not the banning of advantages of noncitizens already in the USA. Nationals of 39 international locations are actually banned below Trump’s proclamations.
The Trump administration has additionally taken purpose on the Range Visa Program, suspending this system efficient January 1, 2026 at 12:01 AM EST. All present, pending functions below the DV program are topic to a USCIS processing maintain pending a “complete evaluation”. The impetus for this suspension seems to be the capturing at Brown College and killing of an MIT professor carried out by a person who initially entered the U.S. pursuant to the DV program.
In a publish on X, DHS Secretary Kristi Noem stated that: “At President Trump’s route, I’m instantly directing [U.S. Citizenship and Immigration Services] to pause the DV1 program to make sure no extra People are harmed by this disastrous program”.
Cyrus Mehta, in a publish on X, stated: “One particular person’s unhealthy actions shouldn’t be used to close down all the Range Visa program that’s mandated by Congress. The Brown College shootings weren’t because of the visa program however based mostly on the motivations of a person. The President has previously sadly attacked the DV program as a result of it brings folks from “shithole” international locations to the US. The alleged killer on this case is from Portugal, which hardly qualifies from among the many international locations that Trump has denigrated. The administration shouldn’t be utilizing these unlucky killings as a pretext to close down immigration applications it disfavors.”
It must be famous that the Range Visa Program was established by Congress and the President can’t droop this system, solely Congress can. Stephen Yale-Loehr, of Miller Mayer, LLP, was quoted by the New York Instances in Trump Administration Pauses Range Immigration Program After Brown Capturing. He famous that this system was created by Congress and presidents “can’t unilaterally negate or terminate an immigration program.” He stated that though the Trump administration was prone to argue that the president might bar the entry of any international nationwide who posed a nationwide safety threat, the courts must resolve whether or not that authority allowed the president to droop the range visa program solely. “That is one other instance of the Trump administration appearing first and letting the courts determine the legality later,” he stated.
In accordance with an AILA assertion, “the Trump Administration continues to weaponize tragedies as a pretext to advance anti-immigrant insurance policies which can be unjust and un-American. In accordance with knowledge from the Cato Institute, ‘over the following three years 400,000 authorized immigrants and almost 1 million vacationers, enterprise vacationers, worldwide college students, international employees, and different non permanent guests will face’ bans. We’d like a system that invests in credible intelligence and safety measures that can really make America safer, quite than these sorts of blanket prohibitions. There are rational, lawful reforms that might handle the challenges we face whereas additionally upholding our nation’s dedication to our Structure and values. That’s what we want now, not kneejerk reactions that won’t make us safer.”
The American Immigration Council, in a December 19, 2025 report, famous that: “Allegations of racism in opposition to African and Muslim immigrants proceed to linger over the rationales provided within the newest ban, which got here simply days after President Trump declared that Somalians have been ‘rubbish’ and that he wished to ban all immigration from ‘third world international locations.’ Following the ban being issued, the Division of Homeland Safety even described its restrictions on authorized immigration as ‘slamming the door shut on the international invaders who’ve undermined our nationwide safety.’ This rhetoric could present alternatives for challengers searching for to dam the bans in court docket.”
*Kaitlyn Field is a Companion at Cyrus D. Mehta & Companions PLLC.
