I. Introduction
On June 4, 2025, the President of the United States, Donald J. Trump, issued a presidential proclamation (hereinafter referred to as the “Proclamation”) imposing extensive restrictions on the entry of nationals from nineteen designated countries. Effective at 12:01 a.m. on June 9, 2025, this action is purportedly enacted pursuant to the authorities conferred under Sections 212(f) and 215(a) of the Immigration and Nationality Act (“INA” or “the Act”). The Proclamation delineates a framework of total and partial entry bans that affect both immigrant and non-immigrant visa classifications, subject to narrowly defined exceptions.
II. Legal Authority
The Proclamation relies on two key provisions of the INA:
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- Section 212(f): Grants the President broad discretionary authority to suspend or restrict the entry of aliens when deemed to be in the national interest of the United States.
- Section 215(a): Authorizes restrictions on the issuance of visas and other entry documents when such measures are deemed necessary to protect national security and public safety.
The Trump administration’s use of these statutory authorities echoes previous travel bans issued under similar legal bases.
III. Scope of Restrictions
A. Countries Subject to Near-Total Entry and Visa Ban
Effective upon the promulgation of the Proclamation, nationals of the following twelve countries are subject to a comprehensive ban on both entry into the United States and the issuance of visas:
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- Afghanistan
- Burma (Myanmar)
- Chad
- Republic of the Congo
- Equatorial Guinea
- Eritrea
- Haiti
- Iran
- Libya
- Somalia
- Sudan
- Yemen
Scope: All persons holding passports issued by these nations are prohibited from entering the United States under any circumstance, regardless of visa classification or travel purpose. This includes individuals seeking immigrant visas resulting in lawful permanent residency, as well as non-immigrant visas such as those for temporary visitors, workers, students, or family reunification. The restrictions encompass individuals in transit seeking entry at ports of entry, even if they are in the process of lawful migration.
B. Countries with Partial Restrictions
The following seven countries are subject to partial restrictions:
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- Burundi
- Cuba
- Laos
- Sierra Leone
- Togo
- Turkmenistan
- Venezuela
Scope:
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- Immigrant visas: Prohibited for all applicants from these states.
- Non-immigrant visas: Restricted specifically for applications for B-1/B-2 (business/tourism), F and M (student), and J (exchange visitor) visas.
- Exemptions: Applicants seeking other non-immigrant categories such as H-1B (specialty workers), L-1 (intracompany transferees), and K-1 (fiancé) visas are explicitly exempted from the restrictions.
Note: Applicants for non-banned categories may continue to apply, but consular officers are instructed to reduce visa validity periods where permissible, consistent with legal authority.
IV. Application and Limitations
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- Prospective Application:
The restrictions are prospective only and apply solely to visas issued or individuals outside the United States as of the effective date of June 9, 2025. - Non-Retroactivity:
Visas issued prior to the effective date shall not be revoked solely on account of the Proclamation. Individuals holding valid visas prior to June 9, 2025, and present in the United States at that time, shall retain their visa validity. - Inside the United States:
Persons lawfully present in the United States prior to the effective date, possessing valid visas, are not impacted, and their visas shall remain valid and operational.
- Prospective Application:
V. Exemptions (Section 4(b))
The Proclamation enumerates specific exemptions intended to protect certain categories of individuals, including:
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- Lawful Permanent Residents (LPRs)
- Refugees, asylees, and individuals granted withholding of removal or protection under the Convention Against Torture (CAT)
- Diplomatic personnel and NATO representatives
- Dual nationals traveling on passports from non-designated countries
- Immediate family members (spouses, minor children, and at least 21-year-old parents of U.S. citizens) with proof of familial relationship
- Children adopted abroad
- Afghan Special Immigrant Visa (SIV) holders and U.S. government employee SIVs
- Ethnic or religious minorities facing persecution in Iran
- Athletes, coaches, officials, and domestic support staff participating in major international sporting events (e.g., Olympics, World Cup), along with their immediate family members
- Individuals whose entry is deemed to be in the national interest by the Secretary of State or