Trump’s new ban dodges pitfalls confronted by final try, specialists say

US President Donald Trump has issued a sweeping new journey ban for folks from 12 international locations, revisiting a trademark coverage of his first time period in workplace.

There are some key variations, nevertheless.

The unique journey ban suffered a sequence of authorized defeats. This time, the coverage seems to have been designed to keep away from the identical pitfalls.

Its predecessor, which focused seven predominantly Muslim international locations and was dubbed the “Muslim ban” by critics, was ordered only a week after Trump took workplace in 2017, throughout his first time period within the White Home.

The ban was amended twice to beat courtroom challenges, after opponents argued it was unconstitutional and unlawful as a result of it discriminated towards travellers primarily based on their faith.

A scaled-back model was ultimately upheld by the Supreme Courtroom in 2018, which this new ban intently resembles.

Authorized specialists informed the BBC that it appeared Trump had realized classes from his first try.

Christi Jackson, an knowledgeable in US immigration legislation on the London agency Laura Devine Immigration, mentioned the brand new ban was extra legally strong because of this.

Whereas the primary lacked “readability”, the brand new restrictions have been “wider in scope” and had “clearly outlined” exemptions, she mentioned.

Whereas there are some similarities within the nations chosen by the 2017 ban and the 2025 ban, Muslim-majority states aren’t the specific goal of the newest order.

Barbara McQuade, professor of legislation on the College of Michigan and former US legal professional for the Japanese District of Michigan, informed the BBC World Service’s Newshour programme that, on this foundation, it appeared more likely to win the approval of the Supreme Courtroom, if it was ever referred as much as that stage.

The 12 international locations topic to the harshest restrictions from 9 June are primarily within the Center East, Africa and the Caribbean, together with Afghanistan, Iran and Somalia.

There will probably be partial restrictions on travellers from one other seven international locations, together with Cuban and Venezuelan nationals.

Trump mentioned the energy of the restrictions could be graded towards the severity of the perceived menace, together with from terrorism.

However moreover Iran, not one of the 12 international locations hit by the outright ban are named on the US authorities’s state sponsors of terrorism checklist.

In a video saying the ban posted on X, Trump cited Sunday’s incident in Boulder, Colorado, through which a person was accused of throwing Molotov cocktails at demonstrators attending a march for Israeli hostages.

The alleged attacker was an Egyptian nationwide. Nonetheless, Egypt doesn’t seem on both checklist.

Trump additionally specified excessive charges of individuals overstaying their visas as a motive for itemizing sure international locations.

Nonetheless, Steven D Heller, an immigration lawyer primarily based within the US, mentioned there was a “lack of readability” over what threshold needed to be met by a rustic’s overstaying price to ensure that that nation to be positioned on Trump’s ban checklist. That might be the premise for a profitable authorized problem, he urged.

“In the event that they’re counting on this notion of extreme overstay charges… they should outline what that truly means,” he informed the BBC.

In contrast to the primary ban, which was to final for less than 90 to 120 days, right now’s order has no finish date.

It has been met with dismay within the focused international locations.

Venezuela has described the Trump administration as “supremacists who suppose they personal the world”, although Somalia has pledged to “have interaction in dialogue to handle the issues raised”.

The unique ban spurred mass protests and sowed chaos at US airports.

It was repealed in 2021 by Trump’s successor, President Joe Biden, who known as the coverage “a stain on our nationwide conscience.”