D&S Immigration Update: International Travel and U.S. Immigration Under Trump 2.0

Last Update: January 24, 2025

While overt travel bans like those we saw during the first Trump Administration (Trump 1.0) have not yet been implemented, we anticipate they could be introduced in the coming months. However, even prior to any actual bans, travel will continue to carry some inherent risk, which might be heightened based on one’s individual circumstances. The increased risk stems largely from the significant restrictions and increased scrutiny that travelers will be subject to at U.S. consulates and ports of entry based on the President’s directives requiring enhanced vetting and screening of all noncitizens seeking entry to the United States across agencies including the United States Citizenship and Immigration Service (USCIS), Customs and Border Protection (CBP), and the Department of State (DOS).

Below we summarize some of the key takeaways from the first string of Executive Orders (EOs) and provide insights on how foreign nationals should plan international travel during this rapidly evolving time in immigration law:

Key Takeaways & Insights:

  • No New Entry Bans Yet: As of January 24, 2025, no formal entry bans have been imposed, but travel restrictions are expected soon. The Department of Homeland Security and other Federal agencies have been directed to explore potential restrictions by March 21, 2025.

  • Possible Future Travel Bans: The administration may target nationals from countries deemed security risks, countries deemed “recalcitrant” that do not accept their nationals who are being deported from the U.S., or impose travel restrictions based on health concerns or labor market protections as were put in place under Trump 1.0.

  • Heightened Scrutiny for Travelers: Foreign nationals, especially those from previously restricted countries, should expect increased questioning and security checks at U.S. ports of entry. Even travelers with valid visas should prepare for additional delays or scrutiny from CBP when clearing U.S. immigration.

  • Visa Applicants Should Prepare for Delays: If applying for a new visa while abroad, foreign nationals should expect longer wait times, in-person interviews, and possibly more invasive questioning or onerous documentary requests. There is also an increased risk of security clearance delays, especially for individuals with advanced degrees in technical fields, which can result in visa applications remaining in administrative processing for weeks or months. Foreign nationals who require new visa stamps and are considering international travel should consult with their employer and immigration counsel to weigh the risks of being stuck abroad and develop contingency plans for alternative work arrangements in the event visa processing becomes protracted.

  • Implications for Transgender, Transexual, and Nonbinary Travelers: A January 20 executive order mandates that U.S. travel documents reflect only the biological sex as assigned at birth and that all U.S. federal agencies only recognize the two binary sexes (male and female). Travelers with nonbinary gender markers or “X” identifiers may face questions at entry points, though their documents remain valid for now. Note that this executive order is expected to face legal challenges and possible temporary injunctions which could prevent it from being enforced though, as of the date of this update, no lawsuits have been filed.

  • Enhanced Security Measures: Employers and foreign nationals should prepare for broader background checks and screenings, more in-depth interviews, and expanded biometrics requirements as part of the new administration’s heightened national security focus. These measures will affect both visa applicants abroad and individuals seeking immigration benefits within the U.S. and are expected to exacerbate already lengthy processing times for immigration benefits applications and petitions.

In addition to weighing the need for international travel against the inherent risk, foreign nationals are encouraged to stay informed of processing trends and be extra cautious if your specific situation might cause you to be subject to any heightened scrutiny before making the decision to travel. Consult with immigration counsel before making travel plans and be sure to file petitions and visa applications well in advance to help minimize delays, and be prepared for more extensive documentation requests and possible security checks, particularly for individuals from high-risk countries.

Stay updated: Sign up for D&S alerts on our website and consult your D&S team for the latest developments and tailored advice on your travel plans or immigration needs.