The secretive nature of the new U.S. immigration policy means that foreign governments do not receive accurate information about whether their citizens will be subject to restrictions entering the United States. As Fox News details, this opacity makes it difficult for affected countries and migrant communities to exercise a veto, creating uncertainty in both the diplomatic and social spheres. This scenario arises from the decision of the Donald Trump administration not to publicly announce the full list of states to be assessed or the specific analysis criteria, but to present the central news: the tightening of border controls against citizens of more than thirty countries, without transparency as to who will be directly affected.
According to a publication by Fox News, the US government justifies the information reservation by saying that this approach makes it easier to dynamically adjust immigration policies and adjust restrictions based on the global context and the level of cooperation of foreign countries in verifying the personal data and background of their citizens. Homeland Security Secretary Kristi Noem explained to the media that the data reserve makes it possible to analyze the situation of each state on a case-by-case basis, assessing factors such as the stability of the government and willingness to cooperate in investigation and identity certification processes. This strategy aims to prioritize national security and displace the traditional transparency associated with official announcements and public lists of restricted states.
Fox News pointed out that the lack of robust mechanisms for registering identities and backgrounds in countries of origin, as well as the lack of robust information sharing agreements, are the main reasons for the US government to impose strict controls. Therefore, countries that exhibit institutional weaknesses or are uncooperative in providing information to the U.S. authorities are subject to temporary access restrictions to their territory. The government decides to update these vetoes without prior notice and proposes immediate adjustments based on the behavior and level of cooperation of each foreign government.
In several public interventions reported by Fox News, Kristi Noem argued: “If they don’t have a stable government, if they don’t have a country that can stand on its own and tell us who these people are and help us investigate, then why should we allow people from this country to come here to the United States?” In doing so, the official emphasizes the importance attached to bilateral and institutional cooperation in determining the suitability of applicants for admission. This framework is particularly relevant for citizens from regions that are considered unstable or have high levels of political and administrative uncertainty.
Fox News recalled that the Trump administration previously openly communicated the list of countries subject to restrictions based on presidential orders, as was the case with the June proclamation, which included Afghanistan, Burma, Equatorial Guinea, Haiti and Iran, and maintained veto rights for nationals of Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela. However, current policy prevents the disclosure of these lists in order to preserve flexibility and the ability to adapt to new security and international cooperation challenges.
According to Fox News, commitments made by foreign governments are regularly monitored, allowing for immediate changes to the list of restricted countries. Authorities may increase or decrease the level of restrictions based on observed behavior in data sharing and responding to global threats, which may result in countries being added or declassified without notice. This dynamic increases unpredictability for the governments involved and their citizens, who do not know whether their entry applications will be affected by sudden changes in immigration policy.
The uncertainty that this model brings also affects the planning of the international agencies responsible for migration control and the protection of migrants’ rights. Fox News noted that both civil society and representatives of foreign governments have expressed concern about increasing unpredictability in diplomatic relations with the United States due to a lack of information about the criteria and validity of the restrictions. In this context, U.S. immigration policy is characterized by its emphasis on ongoing monitoring of bilateral commitments and the possibility of ongoing review as new threats emerge or changes in the willingness of external governments to cooperate are observed.
Previous experiences have led to litigation pushed by human rights organizations and internal and external controversies over the balance between U.S. national security and migrant protection, according to Fox News. These disputes call into question the proportionality and legality of imposing vetoes based on reserved criteria, which complicate the defense and protection of those affected. The authorities defend the policy of conditional vetoes by citing objective risks arising from the lack of technical capacity or institutional will to share data and check the background of foreign citizens applying for entry.
According to Fox News, the US government claims that the vetoes are temporary and can be overturned if the affected state shows noticeable improvements in its systems of cooperation and information sharing. For this reason, the system acts as an incentive for countries to adjust their institutional standards and strengthen bilateral cooperation. This vision is reinforced by other statements from Noem quoted by Fox News in which she expressed her opposition to the entry of citizens from countries that, in her words, are “flooding the country with murderers, leeches and subsidy addicts,” without specifying which states she was referring to. These statements underline the level of restraint that characterizes the application of current immigration controls.
International observers and analysts cited by Fox News remain wary of the possibility of future official announcements regarding the criteria, effective date or changes to the list of restricted countries. Federal authorities insist, according to media reports, that defending borders and preventing irregular entries from states that cannot certify the identity of their citizens to the required standards are priorities. Thus, the U.S. government retains the authority to change this policy based on evolving international scenarios, the effectiveness of data sharing arrangements, and observed levels of cooperation.
The introduction of an adaptive migration system aims to adapt to global security challenges, but increases the level of uncertainty and makes it difficult for foreign governments and citizens to predict their entry into the United States, in a situation characterized by tightened controls and a lack of official transparency regarding the specific details of immigration policies.