Former President Donald Trump has unveiled a new travel ban that affects people from 12 countries, harking back to a signature policy from his first presidency. However, experts say this new iteration is designed to evade the legal defeats encountered during his initial attempt. The previous ban, which was labeled the "Muslim ban" by its detractors, targeted seven predominantly Muslim nations and faced significant backlash and a series of legal challenges following its announcement in 2017.
Legal experts noted that Trump has taken lessons from his earlier experience, leading to a travel ban that is more legally sound. Christi Jackson, an immigration law expert, highlighted that the new ban's clarity and explicitly defined exemptions positions it better for legal scrutiny. The selected nations include mostly Middle Eastern, African, and Caribbean regions, such as Afghanistan, Iran, and Somalia, but the ban does not specifically target Muslim-majority countries as before.
Barbara McQuade, a law professor and former U.S. attorney, believes this approach increases the likelihood of Supreme Court approval should the ban face judicial challenges. The list of countries subjected to the strongest restrictions is broader than the previous ban but focuses on specific visa overstay rates and perceived threats, particularly regarding terrorism—notably excluding several nations noted for state-sponsored terrorism.
In his announcement, Trump cited a violent incident in Boulder, Colorado, involving an Egyptian national, yet Egypt is not included in the banned countries. The decision comes alongside claims that certain countries exhibit high visa overstay rates, yet this remains vague and may fuel legal disputes.
Unlike the original ban, which was temporary, the latest order does not stipulate an end date. The response from the countries impacted has varied, with Venezuela condemning it as white supremacist, while Somalia expressed a willingness to engage in discussions.
The previous travel ban ignited widespread protests and confusion at airports, and was ultimately rescinded by President Joe Biden, who labeled it a "stain on our national conscience." This new ban presents a complex challenge that balances internal security concerns against international relations and civil rights.
