Some colleges and universities, out of an abundance of caution, are advising their foreign national students and staff who are traveling abroad for winter break to consider returning before President Donald Trump’s inauguration on Jan. 20, 2025.

It is not possible to predict what will happen with any certainty, but President Trump has spoken about reinstituting travel bans. Recall that, in January 2017, he signed an executive order for the “Muslim” travel ban within days of his inauguration. That initial travel ban created a good deal of confusion at airports and ports of entry before being blocked through litigation. It took the first Trump Administration some time to draft a travel ban that would pass U.S. Supreme Court muster.

The first Trump Administration’s third iteration of the ban, known as Travel Ban 3.0, was upheld by the Supreme Court and went into effect in late 2017. It restricted travel to the United States for individuals from certain largely Muslim countries: Iran, Libya, Somalia, Syria, and Yemen. It also limited travel for individuals from the non-majority Muslim countries of North Korea and Venezuela. Chad, Iraq, and Sudan had originally been on the list but were removed.

Travel Ban 3.0 contained important exemptions for Green Card Holders, current visa holders, dual nationals traveling on a passport from an unaffected country, and others. Although there were no blanket waivers, consular officers adjudicating visa applications were given the discretion to consider the circumstances and grant waivers. The executive order indicated that waivers might be appropriate for individuals previously admitted for work, study, or other long-term activity or individuals entering the United States to visit or reside with a close family member or others.

To pass constitutional muster, similar exemptions would probably be part of any new travel ban executive order from the second Trump Administration.

Jackson Lewis attorneys are available to assist you in determining what, if any, information would be appropriate to provide to foreign nationals who have travel plans and expect to the return to the United States after Jan. 20, 2025.

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Photo of Amy L. Peck Amy L. Peck

As co-leader of the firm’s Immigration group, Amy Peck plays a pivotal role in ensuring the group’s attorneys—and the firm—achieve optimal success for employers on any immigration matter. She believes strongly in Jackson Lewis’ collegial culture and sets the tone for a work…

As co-leader of the firm’s Immigration group, Amy Peck plays a pivotal role in ensuring the group’s attorneys—and the firm—achieve optimal success for employers on any immigration matter. She believes strongly in Jackson Lewis’ collegial culture and sets the tone for a work environment that expects, encourages, and celebrates collaboration among not just the practice group, but others across the firm as well.

Amy loves to dive into complex immigration and compliance issues in the workplace, especially those that intersect employment and immigration law. She approaches client service with the understanding that businesses need practical advice that take a 360-degree view. Amy is especially effective when confronted with a difficult and unique problem to solve for a client. In today’s regulatory environment, Amy is aware that every fact has an impact, and a proactive approach is the best protection.

Photo of Susan D. Friedfel Susan D. Friedfel

Susan D. Friedfel is a principal in the White Plains and New York, New York, offices of Jackson Lewis P.C.

Susan collaborates with clients to find practical solutions to the variety of issues that arise in the workplace. She counsels clients in various…

Susan D. Friedfel is a principal in the White Plains and New York, New York, offices of Jackson Lewis P.C.

Susan collaborates with clients to find practical solutions to the variety of issues that arise in the workplace. She counsels clients in various industries, including law firms, financial institutions, educational institutions and not-for-profit organizations, on a wide array of issues. She provides advice and counsel on matters such as:

  • employee recruiting and hiring practices
  • family and medical leave
  • reasonable accommodations for disabilities and religion
  • preventing and investigating harassment, discrimination and whistleblower claims
  • wage and hour compliance
  • discipline and termination of employees
  • designing and implementing reductions in force

An experienced litigator, Susan represents employers and management in harassment, discrimination, failure to accommodate, and wage and hour claims before federal and state courts and administrative agencies.