March 16, 2025

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Shortlink to this page: www.nafsa.org/travelbans

Statutory Bases for Travel Bans and Restrictions

A number of long-standing statutory provisions in the Immigration and Naturalization Act (INA) give wide discretion to the President, and sometimes the Secretary of a Federal agency, to suspend or impose restrictions on entry of noncitizens to the United States. Key provisions include:

INA 212(f) - "Detrimental to the Interest of the U.S." INA 212(f); 8 USC 1182(f) grants a President broad power to suspend or impose restrictions, "by proclamation," on the entry of "aliens" (the INA defines alien as "any person not a citizen or national of the United States") when he or she finds that such entry "would be detrimental to the interests of the United States." For additional background on INA 212(f) see NAFSA's page Presidential Authority to Suspend Entry of Noncitizens Under INA 212(f)/8 USC 1182(f).
INA 243(d) - "Recalcitrant" Countries. Countries that refuse or unreasonably delay accepting the return of their nationals who have been ordered removed from the United States are labeled "recalcitrant." INA 243(d)/8 U.S.C. 1253(d) provides for "discontinuance" of visa issuance as a penalty for countries that refuse to take back their "citizens, subjects, nationals, and residents" who have been ordered deported from the United States. For additional background on INA 243(d) see NAFSA's page Discontinuance of Visa Issuance Under INA 243(d).
INA 212(a)(3)(C) - "Potentially Serious Adverse Foreign Policy Consequences." INA 212(a)(3)(C)/8 USC 1182(a)(3)(C) authorizes the Secretary of State to exclude an individual "whose entry or proposed activities in the United States the Secretary... has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States."

Updates on Travel Bans Under the Trump-Vance Administration

INA 212(f) travel ban likely soon

March 16, 2025. An INA 212(f) "travel ban" is expected soon, according to media and other sources. Media reports have identified numerous countries that may be subject to a ban during this first round, but there have been no official or public government communications on what countries might be included or the scope of any bans on particular countries. For example, see:

Jonathan Landay, Ted Hesson and Humeyra Pamuk, New Trump travel ban could bar Afghans, Pakistanis soon, sources say, Reuters, March 6, 2025.
Charlie Savage and Edward Wong, Trump Administration Prepares to Revive and Expand Travel Bans, The New York Times, published March 6, 2025 updated March 8, 2025, reporting that the Trump administration is circulating three lists, red, orange, and yellow, of countries that would be subject to different scopes of bans.
Charlie Savage and Ken Bensinger, Draft List for New Travel Ban Proposes Trump Target 43 Countries, The New York Times, published March 14, 2025, reporting on a draft list of recommendations circulating in the Trump-Vance administration. The article lists countries that are being considered for inclusion in three tiers of restrictions: red (possibly banning all travel); orange (some travel permitted, but very restricted); and yellow (countries that would have 60 days to address administration concerns). The lists in the article are not final, and NAFSA links to the article for information purposes only. Only the final lists eventually communicated by the government will determine which countries will be covered and the scope of restrictions.

Some organizations are advising individuals who might be subject to these bans to avoid traveling abroad at this time, or return to the United States now, until any such ban is official and the scope is understood.

The ban would likely be rooted in the results of a report called for by Executive Order 14161 of January 20, 2025: Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats, which directs the Secretaries of State and Homeland Security, the Attorney General, and the Director of National Intelligence to submit a joint report within 60 days (i.e., by March 21, 2025) that:

identifies "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 INA"
identifies "how many nationals from those countries have entered or have been admitted into the United States on or since January 20, 2021"
and for any individual who may be covered by a country finding under this provision, directs DHS to "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."

The fact that a multi-agency "process" is involved could likely address any concerns about arbitrariness that the Supreme Court had suggested in the Trump v. Hawaii (June 26, 2018) case that upheld travel bans during the first Trump administration, making it more likely to be ultimately upheld by the courts. Although the bans during the first Trump administration were not total bans, but rather targeted and narrowly tailored to specific classes of individuals from the subject country (see, for example, NAFSA's Archive: First Trump Administration Travel Bans page), it is too early to say what the scope of any future travel bans will be.

Any travel bans arising out of this process are likely to be implemented by a Presidential Proclamation, to conform to the specific wording of INA 212(f). Any proclamations issued will be published first on the Presidential Actions page on the Trump-Vance whitehouse.gov site.

For additional background on INA 212(f) see NAFSA's page Presidential Authority to Suspend Entry of Noncitizens Under INA 212(f)/8 USC 1182(f).

INA 243(d) - Discontinuance of Visa Issuance for "Recalcitrant" Countries

We are not aware of any INA 243(d) visa issuance discontinuances so far under the Trump-Vance administration. For additional background on INA 243(d) see NAFSA's page Discontinuance of Visa Issuance Under INA 243(d).

INA 212(a)(3)(C) - "Potentially Serious Adverse Foreign Policy Consequences"

INA 212(a)(3)(C)/8 USC 1182(a)(3)(C) authorizes the Secretary of State to exclude an individual "whose entry or proposed activities in the United States the Secretary... has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States."

DOS Policy Targets Current and Former Thai Government Responsible Forced Return of Uyghurs from Thailand to China

On March 14, 2025 Secretary Marco Rubio announced visa restrictions to be imposed "on current and former officials from the Government of Thailand responsible for, or complicit in, the forced return of 40 Uyghurs from Thailand on February 27." Rubio cites INA 212(a)(3)(C) as the legal authority to take this action. See Announcement of a Visa Restriction Policy to Address the Forced Return of Uyghurs and Members of Other Ethnic or Religious Groups with Protection Concerns to China, Press Statement Marco Rubio, Secretary of State, March 14, 2025.

DOS Policy Targets Foreign Officials and Others Facilitating Illegal Migration into the United States

On March 5, 2025, citing INA 212(a)(3)(C)/8 USC 1182(a)(3)(C), Secretary of State Marco Rubio announced "a new visa restriction policy that will apply to foreign government officials, including immigration and customs officials, airport and port authority officials, and others believed to be responsible for knowingly facilitating illegal immigration to the United States, including through failure to enforce immigration laws or establishing and implementing policies and practices that knowingly facilitate the transit of aliens intending to illegally immigrate into the United States via the U.S. southwest border." Rubio cites INA 212(a)(3)(C) as the legal authority to take this action. See Announcement of a Visa Restriction Policy Targeting Foreign Officials and Others Facilitating Illegal Migration into the United States, press statement, March 5, 2025.

Colombian Visa Issuance Incident

January, 2025. A January 26, 2025 Department of State Media Note announced a brief suspension of visa issuance at the U.S. Embassy in Bogota, Colombia "[f]ollowing President Petro's refusal to accept two repatriation flights he previously authorized." See Secretary Rubio Authorizes Visa Restrictions on Colombian Government Officials and their Immediate Family Members, Media Note, January 26, 2025. NAFSA's liaison partners at DOS have informed NAFSA that nonimmigrant visa issuance in Colombia has now resumed. Press reports confirm.

In addition, the media note cited INA 212 (a)(3)(C) when announcing that Secretary Rubio also authorized "travel sanctions on individuals and their families, who were responsible for the interference of U.S. repatriation flight operations," stating: "Under the authority of INA 212 (a)(3)(C), Secretary Rubio can render inadmissible to the United States any alien whose entry “would have potentially serious adverse foreign policy consequences for the United States... Visa restrictions would apply to Colombian officials and their immediate family members who meet the criteria."

Although this incident involved a form of "recalcitrance," the Department of State did not publicly reference INA 243(d)/8 USC 1253(d).

Scope of Information on this Page

Remember, this NAFSA page is for information purposes only. It does not constitute and should not be construed as legal advice. Individuals with questions about how laws, regulations, and policies apply to specific situations should contact an experienced immigration lawyer.