In light of news that the Trump administration is finalizing a travel ban for certain nationals of countries seeking to enter the U.S., organizations and immigrant rights groups have been sharing travel advisories and recommendations to their communities.
The New York Immigration Coalition, for instance, put out an advisory on Tuesday saying: “We strongly recommend that you do not travel to the possibly affected countries, even with a valid green card or visa.” The travel advisory advised those outside of the U.S. to “seek entry back in as soon as possible before the ban is implemented,” and further urged people to consult with an immigration attorney.
Attorneys have also been advising their clients to be cautious when planning travel, as they may face more security screenings and background checks. Similarly, The American-Arab Anti-Discrimination Committee (ADC), a civil rights organization committed to defending the rights of people of Arab descent, put out an urgent community advisory last week strongly advising against international travel.
“I can understand why lawyers are advising clients to take a conservative approach,” said Julia Gelatt, associate director of the U.S. Immigration Policy Program at the Migration Policy Institute. “Right now we’ve seen quite a number of moves thus far in the Trump administration, from revoking temporary visas of Colombian nationals after Colombia’s president refused a military deportation flight, to the latest arrest of a green card holder. All of these show the Trump administration taking an aggressive stance on immigration matters.”
A draft of Trump’s travel ban, which is still being finalized, proposes a “red” list (total ban), an “orange” list (restricted visas), and a “yellow” list (countries given time to comply before facing restrictions), The New York Times reported. Countries on the “red” list include those from Trump’s 2017 travel ban: Iran, Libya, North Korea, Syria, Venezuela, Cuba, and Yemen.
Afghanistan is likely to be newly added, while Pakistan might be placed in the “orange” or “red” category, the draft of the travel ban shows, according to Reuters. The State Department, along with intelligence and security agencies, are finalizing the new lists, with two weeks remaining before submission to the White House.
Countries may be added to the restricted lists due to factors like inadequate security practices, failure to share traveler information with the U.S., or concerns about citizenship sales.
Trump’s travel bans began in 2017, initially targeting Muslim-majority nations. Courts blocked early versions, but the Supreme Court later upheld a revised ban. Biden rescinded these bans in 2021, condemning them as discriminatory and harmful to international relations.
Given that courts blocked earlier versions of Trump’s travel bans before the Supreme Court upheld a revised version, this new policy could face legal challenges, too. “Advocates will likely sue the government against any travel ban, but I would expect that the Trump administration learned from the experience of the last Trump administration,” Gelatt told Documented.
She added that the Supreme Court’s rulings on the initial iterations of the travel ban during the first Trump administration showed government officials how they needed to frame their travel ban to make it legally defensible. After courts struck down two versions of the ban between 2017 and 2018, the Supreme Court upheld the Trump administration’s third Muslim ban. “I expect that what we’ll see will be framed similarly to that third and successful travel ban, and so we might find that the courts are willing to allow that travel ban to go forward,” Gelatt added.
The Ohio Immigrant Alliance also sent messaging out to their community members via a newsletter concerning the travel bans. In it, the group’s Advocacy Director Demba Ndiath said: “For many of us Senegalese and Mauritanians who lived through the first Trump term, this new announcement brings back dark memories of targeted deportations and the quiet disappearances of our brothers and sisters from our mosques.”
Ndiath added that Trump’s travel ban during his first tenure “was never about national security,” but instead, “a deliberate attempt to exclude and criminalize Muslims, including those from African nations.”
Correction: A previous version of this piece spelled Julia Gelatt’s surname as Gellat. We regret the error.
