As Trump spams the U.S. with a slew of executive orders, a new travel ban targeting Afghanistan and Pakistan may fall under his order on “Protecting the United States from Foreign Terrorists and other National Security and Public Safety Threats”. In 2018, the Supreme Court upheld Trump’s last travel ban which targeted seven countries, five of which were majority-Muslim. The ban went through several iterations, with Trump maintaining the intention of disallowing “people into our country who want to do us harm…” Will the guise of national security be enough for Trump to enact these prejudiced travel restrictions once again?

Trump’s order gave top officials a 2-month period to compile a list of countries whose vetting processes are “so deficient as to warrant a partial or full suspension on the admission of nationals from those countries.” Several sources have confirmed that Afghanistan is solidly part of this list putting at risk the “tens of thousands of Afghans who have been cleared for resettlement in the U.S. as refugees or on Special Immigrant Visas because they are at risk of Taliban retribution for working for the U.S. during a 20-year war in their home country”.

It should be noted, however, that Afghans falling into these categories are already screened with significant scrutiny, highlighting the misguided efforts surrounding the proposed travel ban. Not only is Trump repeatedly and unapologetically discriminatory towards many Muslim nations, but his latest policy of “categorically barring entry” to the United States stands to impact proven allies.

While talks of reimplementing these types of restrictions seem bleak, it should be recalled that the last travel ban was not implemented or upheld without challenge. In 2017, “High profile companies, leading lawyers, politicians, actors, foreign leaders, even United States Conference of Catholic Bishops” spoke out against the travel ban. Further, several individuals, groups, and even the State of Hawaii “prevailed before a Federal District Court in Hawaii and in San Francisco before a three-judge panel of the United States Court of Appeals for the Ninth Circuit,” on the grounds of inadequate justification. Another United States Court of Appeals blocked the ban on the ground of religious discrimination.

These small wins are a reminder that if the ban is ultimately reinstated, which seems highly likely, there is opportunity to dispute it. Trump’s 60-day assignment also gives people a slight heads up this time around. Afghans already in possession of visas are being advised to return to the U.S. immediately if they are not here already.

In approximately two weeks’ time, we will see the final list and categories of restricted countries- and prepare for yet another chaotic change in the early months of this new administration.