In light of the rapidly evolving immigration landscape, we continue to closely monitor the potential implications of President Trump's January 20th Executive Orders on travel and border security. These executive orders, which include both "Enhanced Vetting" and "Securing Our Borders" directives, have raised concerns about possible travel bans and increased scrutiny for noncitizens seeking entry into the United States. Alongside these policy shifts, troubling trends are emerging at U.S. ports of entry, including the detention of visitors and nonimmigrant visa holders and heightened risk for Canadians applying for TN status at the border. As the deadline for implementing these orders approaches, we are committed to keeping you informed of critical developments and providing guidance on best practices for navigating potential risks.
Travel Ban
What’s Happening
President Trump’s January 20th "Enhanced Vetting” Executive Order directed various immigration agencies to recommend countries for entry restrictions within 60 days. These countries will, presumably, be considered for inclusion in a new travel ban. The deadline for these agencies to make their travel ban recommendations is fast approaching on Friday, March 21st, and we expect a travel ban to be put into effect on or shortly after this date.
What We Know
The New York Times has obtained a draft list of recommendations including as many as 43 countries that could face some form of travel restriction to the U.S. These include the following:
Red List Countries - All travel banned
Afghanistan
Bhutan
Cuba
Iran
Libya
North Korea
Somalia
Sudan
Syria
Venezuela
Yemen
Orange List Counties - Visas sharply restricted (possible exception for affluent business travelers), mandatory in-person interviews required
Belarus
Eritrea
Haiti
Laos
Myanmar
Pakistan
Russia
Sierra Leone
South Sudan
Turkmenistan
Yellow List Countries - 60 days to address concerns (including failing to share information about incoming travelers, inadequate security practices for passport issuance, or the selling of citizenship to people from banned countries)
Angola
Antigua and Barbuda
Benin
Burkina Faso
Cambodia
Cameroon
Cape Verde
Chad
Republic of Congo
Democratic Republic of Congo
Dominica
Equatorial Guinea
Gambia
Liberia
Malawi
Mali
Mauritania
St. Kitts and Nevis
St. Lucia
São Tomé and Príncipe
Vanuatu
Zimbabwe
This draft is currently undergoing review by State Department officials at embassies and in regional bureaus as well security specialists from other departments and intelligence agencies.
It is not clear whether, like the “Muslim Ban” from Trump 1.0, individuals with existing visas, dual nationality, and green cards would be exempted from the ban or whether their visas would be cancelled. It is also unclear whether existing lawful permanent residents would be exempted.
Increased Immigration Detentions at U.S. Ports of Entry
What’s Happening
Numerous news reports have come out regarding instances of noncitizens applying for admission at a U.S. port of entry being placed in immigration detention (sometimes for several weeks). These include individuals entering as tourists who either were deemed to be engaging in some kind of work or who lacked sufficient nonimmigrant intent, those seeking to enter in H-1B or TN status, as well as some Lawful Permanent Resident.
What We Know
ESTA and B1/B2 Visitors Placed in ICE Detention
In the past month, several individuals entering in visitor status (either under the Visa Waiver Program or a B1/B2 visitor visa) were refused entry by CBP and placed in ICE detention for several days or even weeks prior to being removed (with some still in immigration custody pending removal). In all instances the individuals were suspected of working in the U.S. in visitor status or not having bona fide nonimmigrant intent.
Historical practice for nonimmigrant visa holders and those entering on ESTA in these situations, with no prior criminal record or prior immigration violations, would be to allow them to withdraw their application for admission and voluntarily depart the U.S. However, in a statement earlier this month, CBP confirmed that if a foreign national is denied admission to the U.S. and is not able to book travel to their home country, they will be turned over to the custody of Immigration and Customs Enforcement (ICE).
CBP’s new practice of referring individuals to ICE when they cannot obtain a return flight, while legal, represents an extremely strict and draconian interpretation of the policy guidance immigration agencies use to make these admissibility determinations and is a significant departure from longstanding practices and norms. Historically, when CBP suspects an issue with a visa the traveler will be turned around at a land border or placed on the next flight back to their home country when entering via an airport. While CBP will occasionally place these individuals briefly in immigration detention (1-2 nights) pending an available return flight, this practice was rare and the extended nature of the recent immigration detentions and referral of these individuals to ICE is being characterized by many immigration lawyers as “unusual” and “alarming”.
Canadian TN Applicant Placed in ICE Detention at U.S.-Mexico Border
Earlier this month a Canadian national was detained after applying to renew her TN visa at the U.S.-Mexican border. This detention was said to be in furtherance of President Trump’s January 20th “Securing Our Borders” Executive Order, which directs immigration authorities (including ICE and CBP) to detain “to the maximum extent authorized by law, aliens apprehended on suspicion of violating Federal and States law, until such time as they are removed from the United States.”
The specifics regarding the basis of this particular TN refusal were not provided and it is unclear whether this is an isolated incident or evidence of a new adjudication policy. Long-standing CBP policy does allow for expedited removal of individuals whose TN applications are denied at a port of entry, however, this policy guidance also states that Canadian citizens “should normally be offered the opportunity to withdraw his/her application for admission.” It is only where there is suspected immigrant intent or fraud/wilful misrepresentation and the applicant refuses to withdraw their application, where the inspecting CBP officer should place the individual into an expedited removal proceeding. In the instant case, while it appears that instead of making the decision to turn the applicant back same-day, CBP turned her over to ICE custody where she faced 2 weeks of detention and will likely also be placed in expedited removal proceedings. It is unclear whether this was a result of CBP officers at the U.S.-Mexico border not being familiar with the policy for refusal of Canadian TN applications or if they are intentionally disregarding this long-standing policy in light of the Executive Order.
H-1B Visa Holder Removed Despite Judicial Order
Last week, a Brown University transplant specialist and H-1B visa holder who has been living and working in the U.S. since 2018 on various nonimmigrant visas, was deported from the United States despite holding a valid H-1B visa and a court order temporarily blocking her removal. CBP detained her at Logan International Airport upon her return to the U.S. and, despite the court's directive, proceeded with her removal. The apparent reason provided by the Department of Justice for the swift deportation action was that the professor had “sympathetic photos and videos” of Hezbollah leaders on her phone and claimed to follow his religious teachings but not his political ones. There are also reports she may have been in attendance at his funeral.
While legal action is ongoing, this case has raised significant concerns regarding the handling of immigration enforcement at U.S. ports of entry and the due process rights of nonimmigrant visa holders seeking admission to the United States. This situation also highlights a growing concern about the current Administration’s apparent willingness to completely disregard constitutional due process protections historically provided to visa holders and to make decisions regarding inadmissibility based on findings that have not been subject to judicial scrutiny.
Lawful Permanent Resident Placed in Immigration Detention Upon Reentry to the United States
The recent detention of a U.S. Lawful Permanent Resident (LPR) by immigration authorities at Logan International Airport raises significant concerns about the treatment of permanent residents under current U.S. immigration enforcement practices. Despite having a green card, this individual was detained by immigration authorities without clear explanation of any legal violations that would render him admissible. This comes on the heels of the high profile detention of the former Columbia University student who was detained on March 8, 2025, despite having a green card and being the spouse of a U.S. Citizen.
U.S. immigration laws protect LPRs from arbitrary detention and deportation unless they have violated specific terms of their residency or committed certain criminal offenses. The lack of transparency in this case, especially with no active legal issues reported, suggests a possible overstep by immigration authorities, raising concerns about due process rights and the proper limits of federal power in immigration enforcement.
This case underscores the increasing uncertainty around the treatment of lawful permanent residents, as recent policy changes have expanded enforcement actions, potentially infringing on legal protections. The ongoing legal process will likely focus on whether the individual’s detention aligns with constitutional protections for lawful residents.
Best Practices for Navigating Travel
Expect More Scrutiny at Border and Carry Extensive Documentation of Admissibility to the United States
As a result of Trump’s Executive Orders, CBP is scrutinizing every applicant for admission much more closely, including reviewing their social media, credentials, documentation, and reason for coming to the United States. As such, we continue to expect a higher percentage of individuals to be sent to secondary inspection to have their application for admission scrutinized more heavily. It is therefore critical that you carry as much documentation as possible to support your admissibility, that you understand the entry requirements for the type of visa you are traveling on, and that you are prepared to effectively answer questions from CBP about your intended activities in the United States.
Avoid Non-Essential Travel if You Hold a Passport from One of the Potential Travel Ban Countries Until More Information Becomes Available
Because the scope and possible exceptions to a future travel ban are not known at this time, nationals of any of the 43 listed countries should avoid any non-essential international travel. While the travel bans from the prior administration typically applied only to individuals outside the U.S. without a valid visa stamp on the date the ban took effect, it is not clear whether a new travel ban will include such a narrow scope so individuals outside the U.S. on the day the travel ban become effective are at increased risk of being impacted by the travel ban.
Consider Limiting Non-Essential Travel if You Have any “Red Flags”, including:
Carrying Equipment Normally Associated with Work if you Do not have a Green Card or Appropriate Work Visa: Traveling with items such as film equipment, DJ gear, or tools typically used for employment may lead immigration officers to suspect you're coming to work rather than visit.
Entry as a Visitor Following Long Periods in the U.S. in Visitor Status and/or Frequent Trips: If you’ve spent long periods in the U.S. or have frequently traveled to the U.S. without a clear reason, it might suggest that you're not respecting the limitations of visitor status. This can trigger suspicion of intending to stay longer than allowed or working without authorization.
Entry on a Nonimmigrant Visa or ESTA Following Prior Visa Overstays or Refusals of Admission: Any previous overstay of your allowed time on a B1/B2 visa or ESTA will raise concerns. It shows a lack of compliance with U.S. immigration rules and could make future entries more difficult.
Any Arrests, Convictions, or Ongoing Criminal Proceedings Anywhere in the World: Even if the arrest or conviction is unrelated to U.S. law, it can raise red flags. U.S. immigration officers may deny entry if there’s evidence of criminal activity or if you're involved in active legal issues, especially those related to drug trafficking or fraud.
Previous Warnings by CBP (Customs and Border Protection): If you’ve previously been warned or advised by CBP that they’ve noted any concerns in your file, this can be a significant red flag. These warnings may indicate you're under heightened scrutiny, and future applications may be subject to further delays or refusals of admission.
Entry on a Visitor Visa or a Strictly Nonimmigrant Visa (F-1, TN, J-1, etc.) Without Evidence of Strong Ties to Your Home Country: If you don’t have strong evidence that you’ll return to your home country (such as a job, family, or property), or you have a a close relatives (spouse, children, fiance, parents) who live in the U.S. and/or holds green cards or U.S. citizenship, the officer may suspect you intend to stay permanently.
Entry as a Visitor With Unclear or Inconsistent Travel Plans: A lack of clear or coherent travel plans can raise suspicions about your true intentions as a visitor. For example, if you cannot provide details on where you’ll stay or your planned activities, this might be a red flag.
Entry as a Visitor Without Sufficient Documentation of Financial Support: If you cannot demonstrate sufficient funds to support your stay without needing to work in the U.S., or if you are being sponsored by someone with a questionable background, this could be another indicator that you might overstay or violate your visitor status.
Problematic Social Media or Other Online Presence: Earlier this month, Department of Homeland Security (DHS) announced that the agency plans to examine social media accounts of anyone trying to enter the country, as well as noncitizens applying for immigration benefits. Prior to clearing immigration, individuals should carefully review all social media posts that could be construed as indicating plans to work in the U.S. or prior work in the U.S. without an appropriate visa, drug use, involvement in protests or other political activity currently being heavily scrutinized by the current administration, political speech that could be deemed contrary to U.S. interests, or other activities that could result in a finding of inadmissibility.
Consider Submitting Canadian TN Renewals Through USCIS or Submitting Them at a Pre-Clearance Facility in Canada
Given the potential increased risk of immigration detention and expedited removal faced by border TN applicants, individuals who have prior TN refusals, are applying under TN categories that are traditionally heavily scrutinized (Management Consultant, Economist, Computer Systems Analyst), or otherwise have complexities in their case, may want to consider submitting Canadian TNs either through USCIS (U.S. Citizenship and Immigration Services) or at a Pre-Clearance Facility in Canada, rather than attempting to renew or apply for TN status at a port of entry within the United States.
Where applicants do not otherwise have a need for international travel, extending status through USCIS avoids needing to depart the U.S. and reapplying at the border, which could potentially carry much more severe penalties in the event of a refusal.
For TN applicants who are outside the U.S. or where travel can’t be avoided, applying at a pre-clearance facility significantly reduces the risk of being placed in immigration detention since the individual will be making the application while still in Canada.
This post is for informational purposes only and should not be considered legal advice. For information on the specifics of your situation, please contact a D&S professional.