Signed by President Donald J. Trump on January 20, 2025, the executive order titled “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats” lays the foundation for yet another discriminatory policy targeting individuals from predominantly Muslim and Arab nations. This directive mirrors the controversial 2017 Muslim Ban, granting the government greater authority to deny visa applications and remove individuals already residing legally in the United States, under the guise of national security concerns.
Utilizing the same legal framework as the 2017 Muslim Ban, the new order directs the Secretary of State, Attorney General, Secretary of Homeland Security, and Director of National Intelligence to compile a report within 60 days, identifying countries with insufficient vetting and screening processes. If a country is deemed deficient, this could lead to either partial or complete suspension of admissions for nationals from that country, as authorized under section 212(f) of the Immigration and Nationality Act (INA), 8 USC 1182(f) (“gives the president the authority to suspend the entry of noncitizens that he finds would be “detrimental” to US interests”). Several federal agencies will be responsible for identifying countries deemed national security risks.
Trump’s second term started by signing an executive order aimed at “enhancing vetting and screening of illegal aliens.” The order directs federal agencies to provide recommendations to the president on suspending the entry of migrants from “countries of particular concern.” During his first term, Trump imposed a travel ban on several countries, including Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen, for a 90-day period, with certain exceptions. While the bans were challenged in court, they were ultimately upheld by the Supreme Court in Trump v. Hawaii, 585 US 667, 138 S. Ct. 2392 (2018). It remains unclear which countries could be subject to travel bans under the second Trump administration, or when such bans might take effect. The decree relies on a section of the Immigration and Nationality Act that gives the president power to restrict entry to the US for “any class of aliens or suspend the entry of noncitizens that he finds would be “detrimental” to US interests.” So, employees from countries previously impacted by these travel restrictions may want to reconsider plans for international travel or, if currently abroad, return to the United States as soon as possible. However, this new directive goes beyond its predecessor by introducing provisions that enable ideological exclusion. The government can now refuse visas or entry based on a person’s perceived political views, religious beliefs, or cultural background. The order’s stated policies and objectives include the following:
Section 1. Policy and Purpose. (a) It is the policy of the United States to protect its citizens from aliens who intend to commit terrorist acts, threaten national security, espouse hateful ideologies, or otherwise abuse immigration laws for harmful purposes. (b) The United States must also ensure that aliens admitted into the country, or those already present, do not harbor hostile attitudes toward the nation’s citizens, culture, government, institutions, or founding principles. They must not advocate for, assist, or support foreign terrorist groups or other threats to national security.
Also, the order grants the Department of Homeland Security the authority to remove individuals already lawfully in the US if they come from these designated countries, using ideological grounds as justification for their removal. It also requires that a report on how many nationals have been admitted from those countries since January 20th, 2021 (When former President Joe Biden sworn in), and whether any information would support their removal. This policy echoes some of the darkest periods in American history, where individuals were persecuted based solely on their political views or associations, rather than any substantiated national security threat. It should be noted that the American Arab and Muslim communities strongly urge the Trump Administration to halt these divisive actions that unfairly target entire communities. These measures undermine the core American values of freedom of speech and expression – principles that President Trump has previously championed – yet are now contradicted by his own executive order. Such policies, alongside bills like the “Non-Profit Killer” and the IHRA definitions, threaten to erode the First Amendment rights from multiple angles, gradually dismantling the foundation of democracy. Past iterations of the Muslim Ban failed to identify real threats, while causing immense harm to families seeking refuge, reunification, or opportunity. Accordingly, the order goes even further, setting the stage for government action that could revoke the visas of foreigners living in the United States based on their political and cultural views. Any such actions should – and likely will – be challenged on First Amendment grounds.
Rigorous Vetting, Screening, and Discriminatory Travel Bans
As a potential impact, foreign nationals applying for visas at US Consulates/Embassies abroad are likely to face increased administrative processing, with a higher chance of delays or even suspensions of visa appointment scheduling for extended periods. Individuals from “high-risk” countries may experience heightened scrutiny during visa interviews, regardless of their current nationality or citizenship, and could be questioned about their connections to these countries. Due to administrative processing and additional security clearances, further delays in visa issuances are expected. Additionally, there may be partial or full “travel bans” affecting countries deemed “high-risk” by the Trump’s EO. The inter-agency nature of the current policies could lead to an increase in Requests for Evidence (RFE) and denials for filings with US Citizenship and Immigration Services and US Customs and Border Protection. This EO reinstates stricter vetting processes for visa applicants and expands immigration enforcement for US employers (policies during Trump’s first term). This includes more frequent workplace raids and audits by ICE and Homeland Security Investigations, meaning employers should expect increased scrutiny of their hiring practices and employee documentation. Employers are advised to conduct internal audits to ensure compliance with Form I-9 requirements and prepare for potential ICE enforcement actions by training staff and consulting legal counsel. Additionally, employers should be ready for possible travel bans, heightened visa scrutiny, and delays in visa processing or entry to the US due to increased vetting by Customs and Border Protection.
During the election campaign, Trump and other prominent Republican figures called for revoking visas for students involved in pro-Gaza protests held on over 100 university campuses across the US. The Republican Party manifesto also included a pledge to “deport pro-Hamas radicals and make our college campuses safe and patriotic again.” In response, the government is assessing how to enhance the vetting process for visa applicants. Additionally, the EO mandates a report within 30 days to review all existing regulations related to inadmissibility to the US and that the administration must ensure that foreign citizens, including those in the US, “do not bear hostile attitudes” towards American citizens, culture or government and “do not advocate for, aid, or support designated foreign terrorists.”
Several members of Congress have explicitly called for the deportation of pro-Palestinian protesters, arguing that they have endangered Jewish students. The order also empowers the Secretary to propose additional measures against those who advocate for the “replacement of the culture on which our constitutional Republic stands.” This provision could be used to target a wide range of foreign nationals in the US who participate in protest activities, including pro-immigrant advocates. Finally, the order calls for further actions against individuals who provide “aid, advocacy, or support for foreign terrorists.” This language mirrors the grounds for exclusion and deportation outlined in immigration law, and the administration is likely to interpret it broadly to apply to foreign nationals accused of making pro-Hamas statements.
Suspension of Refugee Resettlement Program
President Trump has overturned President Biden’s Executive Order 14013—”Rebuilding and Enhancing Programs to Resettle Refugees and Addressing the Impact of Climate Change on Migration,” which aimed to strengthen the US refugee resettlement efforts. In its place, he has signed a new executive order temporarily suspending the Refugee Resettlement Program for 90 days. As a result of this action, nearly 1,660 Afghans – who had already been cleared to resettle in the US, including family members of active-duty military personnel – have been removed from their scheduled flights. Under the new order, both the Department of Homeland Security and the State Department are required to submit a report every 90 days, allowing the President to evaluate whether continuing the program aligns with the best interests of America.
Denying Asylum to Individuals Apprehended Between Ports of Entry
President Trump has revoked President Biden’s Executive Order 14010, which aimed to address migration causes and manage asylum processing at the US border. Biden’s order sought to facilitate asylum applications and reduce dangerous crossings, particularly for those affected by the Migrant Protection Protocols (MPP). In contrast, Trump’s new order makes individuals apprehended outside official entry points ineligible for asylum and subject to immediate removal. Despite initially seeking to end Trump-era restrictions, Biden has since implemented similar policies, including the use of the CBP One app, which critics view as a form of “metering” asylum seekers, a tactic introduced during Trump’s first term. Thus, the difference between Biden and Trump on asylum policies is narrower than Trump’s rhetoric suggests.
Also, President Trump has signed an executive order directing the Attorney General to seek the death penalty for undocumented individuals who murder law enforcement officers or commit other capital crimes. State attorneys general and district attorneys are also encouraged to pursue the death penalty in such cases. Additionally, President Trump has revoked several Biden-era executive orders that have not yet been replaced by his own policies (e.g., EO14012, which aimed to restore faith in the US legal immigration system and strengthen integration efforts for new Americans). The Biden order had focused on practices like granting deference to prior USCIS decisions, streamlining naturalization, and reducing the number of Requests for Evidence and denials for immigration applications.
All this builds on Trump’s record of Islamophobia and anti-Black racism that tore families apart during his first term. America must not allow these encroachments on the First Amendment rights to continue unchecked, nor permit the resurgence of fear and distrust reminiscent of the post-9/11 era. Standing against these regressive policies is a collective responsibility. If the American people permit the erosion of rights for one community, freedoms for all will be jeopardized.
Mohamed Arafa, SJD, is a Professor of Law at Alexandria University Faculty of Law (Egypt) and an Adjunct Professor of Law & the Clarke Initiative Visiting Scholar at Cornell Law School.
