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January 27, 2025

Extreme Vetting at U.S. Embassies and Consulates

Executive Order, ‘Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats’

At a Glance

  • It is expected that additional vetting and screening requirements will only add to increased wait times for visa clearances at U.S. embassies and consulates. 
  • The order directs the administration to begin the process of restoring a potential travel ban within 60 days. 
  • The language of this order appears to authorize the government to deny visas or entry to the United States based on perceived political opinions, religious beliefs or cultural backgrounds.

On January 20, 2025, President Trump issued an executive order, “Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats.” The order directs federal agencies, including the U.S. Department of State, to re-establish enhanced vetting and screening processes for foreign nationals seeking a visa or immigration benefit of any kind. This order seeks to vet and screen visa applicants to the maximum degree possible, particularly foreign nationals applying and arriving from nations with identified security risks. 

Within 60 days of this order, the secretary of State, U.S. attorney general, secretary of Homeland Security, and the director of National Intelligence must submit a report to the president identifying countries whose vetting and screening processes are deemed deficient. That determination could result in partial or full suspensions on admitting nationals from certain countries. Within 30 days of the order, these same agencies are directed to evaluate and adjust existing “regulations, policies, procedures, and provisions … pertaining to grounds of inadmissibility…to ensure the safety and security of the American people and our constitutional republic.” 

Analysis

The language of this order appears to authorize the government to deny visas or entry to the United States based on perceived political opinions, religious beliefs or cultural backgrounds. The order further authorizes the U.S. Department of Homeland Security to remove nationals of those above-identified countries who are already legally in the United States, unless doing so would impede the pending investigation of that foreign national for serious criminal offense, or if doing so would be contrary to the national security interests of the United States. 

It is not yet certain which vetting techniques the U.S. Department of State may use to carry out these directives, but it is expected that additional enhancements will only add to already increased wait times for clearances. While a travel ban is not currently in effect, the executive order directs the administration to begin the process of restoring a potential travel ban within 60 days.

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