Trump's New Travel Ban Aims to Avoid Legal Challenges, Experts Note

Legal experts suggest President Trump’s revised travel ban reflects lessons learned from his 2017 attempt, as the latest order focuses on broader restrictions not explicitly targeting Muslim-majority nations.

President Donald Trump has implemented a new travel ban affecting citizens from 12 countries, a move reminiscent of his initial policy during his first administration but with modifications intended to sidestep previous legal obstacles. The original travel ban, introduced shortly after Trump's inauguration in 2017, prompted widespread protests and encountered critical court challenges based on its alleged discrimination against Muslim travelers.

The current travel ban has incorporated strategic legal adjustments, allowing it to align more closely with guidelines favored by the judiciary. Immigration law experts highlight that the new policy is designed to be more "legally robust," as it replaces the vague parameters of the first ban with clearly outlined exemptions. While both bans share some similarities in the countries listed, the 2025 order does not specifically target Muslim-majority nations.

Potential approval from the Supreme Court seems more likely this time around, as noted by Barbara McQuade, a law professor and former U.S. attorney. The list of nations affected includes Afghanistan, Iran, and Somalia, and the measures will come into effect on June 9. Partially restricted travel will also apply to nationals from seven additional countries, including Cuba and Venezuela.

Trump has justified the restrictions by pointing to the perceived threats associated with these countries, including instances of terrorism. Nonetheless, most of the nations listed are not recognized as sponsors of terrorism by the U.S. government, raising questions about the criteria used for their inclusion. Critics, such as immigration lawyer Steven D. Heller, have expressed concerns over the lack of clarity regarding the overstaying rates used to justify the bans’ targets.

The absence of a defined end date for the new ban signifies a more long-term approach compared to the previous order, which was initially set to last between 90 and 120 days. In response to the announcement, targeted countries have reacted with criticism, with Venezuelan officials labeling the Trump administration as “supremacists” while Somalia has signaled an openness to dialogue.

The earlier ban led to significant protests and confusion at airports across the U.S. and was ultimately rescinded by President Joe Biden in 2021, who denounced it as “a stain on our national conscience.”