Trump's new travel ban leaves narrow openings for challengers
Trump needed multiple bites at the apple during his first term before the Supreme Court upheld the third version of his so-called Muslim ban in 2018.
His latest version is more sweeping, targeting 19 countries instead of seven. It's also more narrow in the exceptions that would allow people to skirt the new restrictions.
Trump's Supreme Court-approved travel ban was finally able to win over the courts with the argument it was needed on national security grounds.
But his latest travel ban also points to visa overstay rates as a rationale for blocking citizens from U.S. travel.
That addition is something that could provide an opening to legal challenges, said experts interviewed by The Hill.
'The rationales that are given in the order go far beyond national security-related justifications,' said Ahilan Arulanantham, co-director of the Center for Immigration Law and Policy (CILP) at the University of California, Los Angeles School of Law.
He noted that when the Supreme Court upheld Trump's first travel ban, 'they were focused almost exclusively on national security-related justifications.'
'These are justifications that are not in any way national security related. They're just immigration policy rationales. … That's definitely an area of potential legal vulnerability.'
Trump's travel ban places full restrictions on citizens from 12 countries: Afghanistan, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Myanmar, Somalia, Sudan and Yemen. It also places partial restrictions on seven other countries: Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela.
For some countries, the Trump administration's latest ban cites faulty 'screening and vetting measures' inhibiting U.S. Embassy staff from reviewing visa candidates.
But the executive order repeatedly references countries' visa overstay rates — the percentage at which a country's citizens remain in the U.S. beyond the time period allowed under their visa.
'It's just collective punishment. None of the people who are banned under this proclamation are banned for anything that they did wrong, or any actual individual suspicion that they will do something wrong,' said Adam Bates, a counsel at the International Refugee Assistance Project.
'It's just this kind of collective punishment. 'We don't trust your country. We don't trust your government. We don't trust you based on no other reason than where you were born — not because of anything you did or have done or will do.''
Raha Wala, vice president for strategy and partnerships for the National Immigration Law Center, said those inconsistencies will likely factor in the lawsuit.
'One of the real legal defects of this new, expanded ban is that it's completely arbitrary. You know, folks from Canada have one of the highest visa overstay rates, but they're not on this ban list,' he said.
In issuing the new ban, the administration highlighted an Egyptian man arrested in an attack on demonstrators in Boulder, Colo., calling for the release of hostages held by Hamas. The man, Mohamed Soliman, filed for asylum shortly after arrival but overstayed his initial visa.
Yet the administration did not include Egypt on its travel ban, which Wala argued shows it is an 'arbitrary and capricious, expanded ban' designed to 'ban or restrict individuals from countries that President Trump, perhaps personally, just doesn't like.'
He added that the ban would disproportionately hit 'lots of countries of Black folk, brown folk, Asian folk and Latino folk.'
Trump has defended the exclusion of Egypt.
'Egypt has been a country that we deal with very closely. They have things under control. The countries that we have don't have things under control,' Trump told reporters in the Oval Office earlier this month.
Arulanantham said litigation will likely include a review of visa overstay rates for countries not included in the ban.
'I think it's highly problematic to assume that, 'Oh, because some people from Burundi overstay, therefore we should assume that the others will and ban them all.' It's obviously highly problematic from a moral perspective. It's discriminatory. But if you're going to take that kind of approach that you have to ask the question like, 'OK, well, are these really outlying countries?'' he asked.
Trump has already moved to lift protections on citizens from a number of the countries on the travel ban list, such as Afghanistan, Cuba, Haiti and Venezuela.
Former President Biden designated Temporary Protected Status (TPS) — protections from deportation — for migrants from Afghanistan, Venezuela and Haiti. He also started a parole program that granted entry for two years and work permits to citizens from Cuba, Haiti, Venezuela and Nicaragua if they could secure a U.S.-based financial sponsor.
Trump has since scrapped the parole program while terminating TPS for countries now included in the travel ban. Those moves have been challenged in court.
In stripping TPS, Trump has argued Afghans, Haitians and Venezuelans no longer merit the temporary refuge the protections give for those fleeing civil unrest or natural disasters.
All three countries are currently roiling from various political controversies and are facing severe food insecurity.
'For the purposes of terminating TPS, Afghanistan is a safe, stable, secure country. And for the purpose of banning Afghans from getting visas, Afghanistan is a terrorist-run failed state,' Bates said. 'They're self-contradicting.'
State Department spokesperson Tommy Pigott defended the ban as a national security measure as well as 'broader action from this administration on a whole host of visa issues.'
'This is a national security imperative,' he said during a briefing earlier this month.
'Do we have the ability to vet people coming in, and this, again, has been that priority from the beginning of this administration. Can we say with confidence that people coming to the United States have been properly vetted? Is there essential authority in these countries that can confirm that? Can we trust what they're telling us?'
While immigration advocates felt confident the new travel ban was discriminatory, they hedged on whether any challenge would be successful in court.
'It's certainly possible, it's very possible, the Supreme Court upholds this,' Arulanantham said, noting that such a move would have 'very dramatic impacts on immigrant communities' and separate families.
Wala also expressed some doubts.
'I don't want to oversell the case, so to speak,' he said.
'Are we super confident this particular Supreme Court is going to come down the right side of this one? Well, not necessarily, because they upheld what we viewed and still view to be a very unconstitutional ban the prior time.'
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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The meeting will come as the two sides race to secure a deal ahead of next Friday — Trump's self-imposed deadline for 30% tariffs on EU goods to kick in. On Friday, Trump put the odds of a deal at "50-50." From the report: Bloomberg reports that European Commission President Ursula von der Leyen will meet with President Trump this weekend as he travels to his golf club in Scotland in a bid to secure a trade deal. The meeting will come as the two sides race to secure a deal ahead of next Friday — Trump's self-imposed deadline for 30% tariffs on EU goods to kick in. On Friday, Trump put the odds of a deal at "50-50." From the report: Trump: 'We haven't really had a lot of luck with Canada' President Trump on Friday expressed pessimism on US trade negotiations with Canada, suggesting he may simply impose threatened 35% tariffs on Canadian goods not covered by the existing US-Canada-Mexico trade agreement. "We haven't really had a lot of luck with Canada. 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The White House had announced earlier in the week that the US would retain 90% of the profits from the $550 billion US-bound investment and loans that Japan would exchange in return for reduced tariffs on auto and other exports to the US. This would mean that returns would be split 10% for Japan and 90% for the US, according to the White House official, and that it would be "based on the respective levels of contribution and risk borne by each side." Bloomberg News reports: Read more here. Japan said Friday that profits from the $550 billion investment deal with the US will be shared based on how much each side contributes. A government official suggested the US will also put in significant funds, but details of the scheme remain unclear. The White House had announced earlier in the week that the US would retain 90% of the profits from the $550 billion US-bound investment and loans that Japan would exchange in return for reduced tariffs on auto and other exports to the US. This would mean that returns would be split 10% for Japan and 90% for the US, according to the White House official, and that it would be "based on the respective levels of contribution and risk borne by each side." Bloomberg News reports: Read more here. US business activity rises; tariffs fuel inflation concerns US business activity rose in July, but companies increased the prices for goods and services, supporting the view from economists that inflation will accelerate in the second half of 2025 and it will mainly be due to tariffs on imports. Reuters reports: Read more here. US business activity rose in July, but companies increased the prices for goods and services, supporting the view from economists that inflation will accelerate in the second half of 2025 and it will mainly be due to tariffs on imports. Reuters reports: Read more here. It sounds like Trump now has a new minimum tariff rate: 15% President Trump set a new rhetorical floor for tariffs on Wednesday night in comments in a shift that raises the president's baseline rate from 10%. Yahoo Finance's Ben Werschkul writes: Read more here. President Trump set a new rhetorical floor for tariffs on Wednesday night in comments in a shift that raises the president's baseline rate from 10%. Yahoo Finance's Ben Werschkul writes: Read more here. Keurig Dr. Pepper brewer sales volume drops 22%, CEO says tariff impacts 'will become prominent' Keurig Dr. Pepper CEO Tim Cofer said that tariffs are putting additional pressure on the company in an earnings call Thursday, especially when it comes to its coffee business, which KDP expects to be "subdued" for the remainder of the year. "Commodity inflation will build as we roll into the back half and we roll into our higher cost hedges on green coffee," Cofer said. "The tariff impacts will become prominent. And we all know that tariff situation is a bit fluid." Keurig is one of the biggest coffee importers in the US, along with Starbucks (SBUX) and Nestle (NSRGY). The US sources most of its coffee from Brazil, which is set to face 50% tariffs on its products on Aug. 1, and Colombia, which faces a tariff rate of 10%. In Keurig's coffee business, appliance volume decreased 22.6% during the quarter, reflecting impacts of retailer inventory management, and K-Cup pod volume decreased 3.7%, reflecting category elasticity in response to price increases, the company reported. "Our retail partners will likely continue to manage their inventory levels tightly, in particular on brewers," Cofer commented. "And then finally, you know we did a round of pricing at the beginning of the year. We've announced another round of pricing that will take effect next month, and we'll need to closely monitor how that elasticity evolves." Read more about Keurig earnings here. Keurig Dr. Pepper CEO Tim Cofer said that tariffs are putting additional pressure on the company in an earnings call Thursday, especially when it comes to its coffee business, which KDP expects to be "subdued" for the remainder of the year. "Commodity inflation will build as we roll into the back half and we roll into our higher cost hedges on green coffee," Cofer said. "The tariff impacts will become prominent. And we all know that tariff situation is a bit fluid." Keurig is one of the biggest coffee importers in the US, along with Starbucks (SBUX) and Nestle (NSRGY). The US sources most of its coffee from Brazil, which is set to face 50% tariffs on its products on Aug. 1, and Colombia, which faces a tariff rate of 10%. In Keurig's coffee business, appliance volume decreased 22.6% during the quarter, reflecting impacts of retailer inventory management, and K-Cup pod volume decreased 3.7%, reflecting category elasticity in response to price increases, the company reported. "Our retail partners will likely continue to manage their inventory levels tightly, in particular on brewers," Cofer commented. "And then finally, you know we did a round of pricing at the beginning of the year. We've announced another round of pricing that will take effect next month, and we'll need to closely monitor how that elasticity evolves." Read more about Keurig earnings here. The EU's Trump insurance As my colleague detailed below, EU member states voted to impose tariffs on over $100 billion of US goods from Aug. 7. The Financial Times reported that this move that allows the bloc to impose the levies quickly at any point in the future should its trade relationship with the US take a turn for the worse. From the report: Read more here (subscription required). As my colleague detailed below, EU member states voted to impose tariffs on over $100 billion of US goods from Aug. 7. The Financial Times reported that this move that allows the bloc to impose the levies quickly at any point in the future should its trade relationship with the US take a turn for the worse. From the report: Read more here (subscription required). Europe approves $100B-plus tariff backup plan A report in the Wall Street Journal on Thursday said that the European Union has now approved its retaliatory tariff package on US goods that could start in August if no trade agreement is reached. The EU announced on Wednesday that it will hit the US with 30% tariffs on over $100 billion worth of goods in the event that no deal is made and if President Trump decides to follow through with his threat to impose that rate on most of the bloc's exports after Aug. 1. The US exports, which would include goods such as Boeing (BA) aircraft, US-made cars and bourbon whiskey would all face heavy tariffs that match Trump's 30% threat. The approval of the package comes despite the growing optimism that the US and EU will reach a deal that would put baseline tariffs on the bloc at 15%, matching the level the US applied to Japan. The EU is keen to reach a deal with the US but as a cautionary measure has approved 30% tariffs if a deal is not made. A report in the Wall Street Journal on Thursday said that the European Union has now approved its retaliatory tariff package on US goods that could start in August if no trade agreement is reached. The EU announced on Wednesday that it will hit the US with 30% tariffs on over $100 billion worth of goods in the event that no deal is made and if President Trump decides to follow through with his threat to impose that rate on most of the bloc's exports after Aug. 1. The US exports, which would include goods such as Boeing (BA) aircraft, US-made cars and bourbon whiskey would all face heavy tariffs that match Trump's 30% threat. The approval of the package comes despite the growing optimism that the US and EU will reach a deal that would put baseline tariffs on the bloc at 15%, matching the level the US applied to Japan. The EU is keen to reach a deal with the US but as a cautionary measure has approved 30% tariffs if a deal is not made. Trump tariffs wreaking havoc in Brazil's citrus belt Reuters reports: Read more here. Reuters reports: Read more here.
Newsweek
26 minutes ago
- Newsweek
Donald Trump Trashed in Scotland's Biggest Newspaper: 'Menace'
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. President Donald Trump's visit to Scotland has drawn intense criticism from Scotland's largest newspaper, The Daily Record, which called him a "menace" in an editorial while also urging U.K. leaders to pursue pragmatic engagement for the sake of long-term relations. Newsweek contacted Trump's team for a response to the report via email. Why It Matters The comments come after Scottish police have told Newsweek a "significant" operation was being planned in expectation of protests against Trump during his time in Scotland, where he will visit his newest golf course. In 2018, thousands of protesters gathered when Trump visited his Scottish golf courses during his first term. President Donald Trump reacts as he plays a round of golf at Trump Turnberry golf course on July 27, 2025 in Turnberry, Scotland. President Donald Trump reacts as he plays a round of golf at Trump Turnberry golf course on July 27, 2025 in Turnberry, Scotland. Getty Images What To Know On the eve of Trump's five-day trip to Scotland, The Daily Record published a strong editorial criticizing his actions. The newspaper described Trump as a "menace who has caused chaos at home and abroad," referencing his refusal to accept defeat in the 2020 U.S. presidential election, perceived support for protesters involved in the January 6 attack on the U.S. Capitol, and his public statements regarding foreign leaders including Ukrainian President Volodymyr Zelensky and Russian President Vladimir Putin. The editorial also said that Trump's status as a "convicted felon" was contributing to Scottish protesters' outrage. Despite these criticisms, the paper urged leaders such as U.K. Prime Minister Keir Starmer and Scotland's First Minister John Swinney to maintain engagement with Trump for economic and diplomatic reasons, citing decades-long U.S.-UK security ties and potential leverage on international issues such as tariffs and foreign conflicts. What People Are Saying Sarah Malone, executive vice president of Trump International, said in a press release sent to Newsweek: "The Trump family has a deep affection for Scotland, not only as the home of golf, but as the ancestral home of President Trump's beloved mother, Mary Anne MacLeod. We are therefore delighted to confirm that we are planning the creation of a memorial garden in honor of Mary Anne MacLeod as a fitting tribute to her name and legacy." Born on the Isle of Lewis in the Outer Hebrides, MacLeod moved to the U.S. in 1930 and became a naturalized citizen in March 1942. What Happens Next Trump's visit is expected to draw protests throughout Scotland, as noted by The Daily Record. U.K. and Scottish leaders face the challenge of balancing domestic opposition to Trump's policies and character with the need to maintain and potentially strengthen critical U.S.-UK relationships.
