Reading Between the Lines: Understanding Exceptions to Trump’s June 2025 Immigration Proclamation

On June 4, 2025, President Trump issued a presidential proclamation titled “Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats.” At first glance, it reads like a blanket ban on foreign nationals from several countries. However, a closer reading reveals several key caveats. Whether you’re an employer or a visa applicant, unpacking these exceptions is essential. 

Checkpoint Ahead: Who the Proclamation Actually Blocks

The proclamation’s intent is to “protect the national security and national interest of the United States and its people.” To this end, it restricts the entry of foreign nationals from certain countries designated as national security or public safety risks. Depending on each specific country’s designation, restrictions may apply to both immigrants and nonimmigrants.

Some individuals are automatically excluded from the proclamation’s restrictions including: lawful permanent residents (green card holders), dual nationals traveling on a passport from a non-restricted country, individuals with valid advance parole or refugee/asylum status, and holders of diplomatic or official visas. If you fall into one of these categories (listed under Sec. 4b), the proclamation likely does not apply to you.

If, however, you are from one of the targeted countries and planning to enter on a regular visa, (whether as a student, worker, or tourist), you are likely to be affected by this new policy. Fortunately, the proclamation does provide space for discretionary waivers, which can be decided on a case-by-case basis by consular officers. Consular officers are Foreign Service Officers (FSOs) working for the United States Department of State.

The Gray Area: Case-by-Case Waivers

The most flexible and potentially impactful exception in the proclamation is the case-by-case waiver. The waiver is by no means automatic and, at this point, it does not follow a standardized application form or process. Yet, it is an official route for individuals who can demonstrate that their entry aligns with broader U.S. interests.

One route to being granted a waiver is through demonstrating that your entry would be in the U.S. national interest. The term “national interest” is not defined with surgical precision in the proclamation itself, but we can lean on the framing that has been established in other contexts whether through past waivers or other agency interpretations (ex. EB-2 National Interest Waiver). You might even consider your request a “short-form version” of the kind of case one might prepare for an EB-2 National Interest Waiver. 

In general, an applicant can argue that their entry would serve the national interest by aligning with U.S. policy goals, contributing to public health or national security, supporting economic development, or enhancing cultural or educational institutions. Making the case that your entry would serve the U.S. interests in multiple categories would likely be more helpful. For example, a researcher collaborating on a government-funded project in energy, artificial intelligence, or national defense could make the case that their work is directly connected to American interests. 

Even professionals in less obviously “strategic” fields like education or art may qualify if their work fosters international collaboration, strengthens public institutions, or contributes to U.S. influence abroad. If your skills are not clearly applicable to serving American interests, you’ll need to take a more creative approach to finding a strong link. Fortunately, the threshold to establish “national interest” is flexible. It’s not limited to defense or counterterrorism work. It includes the kinds of long-term contributions that make the U.S. safer, smarter, and more competitive. The key to a successful NIE application is making that connection clear to the consular officer or adjudicator reviewing the case.

Strong support letters from U.S.-based organizations, academic institutions, or federal agencies may also be powerful. Additionally, showing evidence of participation in publicly funded programs, work with vulnerable populations, or efforts tied to U.S. strategic goals can all help strengthen your case. 

While NIE applications are not guaranteed and consular officers have broad discretion, thousands of case-by-case waivers have been granted in past versions of the travel ban.

See here for full transcript of Congressional Hearing regarding President Trump’s “Muslim Ban.”

Historical Repeats Itself: Exceptions Have Been Granted Before

Although the exception provision in the current proclamation may seem vague or uncertain, there is clear historical precedent for these kinds of exceptions being granted. Under the Trump administration’s earlier travel restrictions (President Trump’s 2017 Presidential Proclamation often referred to as the “Muslim Ban”), a similar case-by-case exception process existed. 

Initially, the implementation of exceptions was suspect. Farhana Khera, executive director of Muslim Advocates went so far as to say that “the so-called waiver process has been a sham.” However, her advocacy and others’ helped to push the needle. Over time, these exceptions became a formalized part of the consular review process. Public reporting from that period indicates that thousands of waivers were ultimately granted for individuals with family ties, medical needs, and professional roles in the United States.

This history suggests that discretionary exceptions, while not guaranteed, are more than theoretical. They serve as a built-in safety net for applicants whose circumstances align with broader U.S. interests or humanitarian considerations. 

A Policy That’s Restrictive, Not Absolute

Despite its sweeping language, President Trump’s recent proclamation is not airtight. Exceptions do exist, and exception applications are a legitimate part of the framework. Admittedly, the process is not as user-friendly as other immigration application processes. While that may initially seem like a disadvantage, it actually provides a unique opportunity for foreign nationals to develop creative approaches to strategically fit within the vague framework that is defined. 

Success depends on strategy, documentation, and the ability to frame one’s purpose in terms of public value rather than personal need. While the theme of the proclamation centers around national security, the path forward will likely lie in making an unquestionable case for national interest.

N.B.: For the full text of the proclamation and official updates, visit the White House website here.