It has been widely reported that an announcement implementing a Travel Ban will be published imminently. The ban is the direct result of an Inauguration Day Executive Order by President Trump entitled,  Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats,  which requires the Attorney General, the Director of National Intelligence and the Secretaries of State and Homeland Security  to submit a joint report within 60 days of the Executive Order (i.e. by March 21, 2025) identifying:

• the 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; and
• how many nationals from those countries have entered or have been admitted into the United States on or since January 20, 2021.

The executive order further directs DHS to “take immediate steps to exclude or remove any foreign nationals subject to the ban 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.”

Reports from various media sources indicate that the travel ban will have a multi-layered structure comprised of the following groups:  

Red List of Banned Nationals. It is believed a that there will be a Red List of countries whose citizens would be barred from entering the United States. These countries reportedly include Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen. It is also possible that Afghanistan and Pakistan may be added to the Red List.

Orange List of Restricted Nationals. It has also been reported that travel restrictions may be imposed on countries whose nationals would not be completely barred from entering the United States, but whose entry would be limited and/or subject to increased vetting. If not placed on the Red List, it is believed that Pakistan may be included in the Orange List.

Yellow List of Probationary Countries. It has also been reported that there would be a Yellow List of countries that would be given 60 days to address specific security issues, such as a regular failure to share incoming passenger information about incoming travelers with the U.S. government. Countries that did not resolve the perceived deficiency would be added to the Red or Orange Lists as appropriate. 

Companies with employees abroad who are citizens of any of the countries named above are strongly advised to ensure that these individuals return to the United States as soon as possible. Similarly, any employee who is a citizen of one of the listed countries and who is in the U.S. should refrain from international travel until more details are available. There is no definitive information as to when the travel ban would take effect, although the announcement is expected within days, and it is likely that there will be a limited period of time between the announcement and the effective date. 

Until more information becomes available, employers are also cautioned to advise their foreign national employees who have lawful permanent resident status and who are citizens of a potential Red List country to return to defer any international travel. If you are interested in obtaining more information about how best to prepare your employees for the current period of enhanced immigration enforcement, please reach out to your Meltzer & Hellrung attorney.