January 2026 Presidential Proclamation Reshapes Immigration
The initial weeks of 2026 indicate that this year will bring unprecedented changes to United States immigration law, surpassing the scale of recent historical shifts.
On New Year’s Day, Presidential Proclamation 10998 (PP 10998) took effect, establishing one of the most comprehensive entry-restriction regimes in U.S. history. At the same time, the 119th Congress has acted swiftly to fund the enforcement mechanisms necessary to support this new “Zero Tolerance” era.
As immigration attorneys, our inboxes are flooded with panicked inquiries from clients—families separated, students uncertain about their futures, and businesses struggling to plan.
The purpose of this article is to provide a precise analysis of the legal implications of PP 10998, current legislative actions on Capitol Hill, and the consequences for foreign nationals seeking to enter or remain in the United States.
Read Also– New H-1B Rule for Registrations Transitioning to Wage-Weighted Selection in Cap Season 2027
More on this :
Check our recent episode of Immigration Fridays, where Prashanthi Decodes New Travel Ban: Who is Blocked and Who is Exempt? | Trump 2.0 Immigration Update
The New Reality: Presidential Proclamation 10998 Explained
The new proclamation represents a substantial hardening of travel policy bans rather than a simple extension of the previous policy. The objective of the new policy is to increase attention to national security by restricting the entry of immigrants from countries identified as having inadequate vetting protocols or those that refuse to accept repatriated citizens.
The new policy has created a two-tiered distinction, roughly dividing 40 countries and restricting their citizens from obtaining any U.S. immigration status.
Tier 1: Full Suspension
The first tier comprises 19 countries, including Iran, Syria, Somalia, Haiti, and Afghanistan, as well as the Palestinian Authority. The entry of citizens from these nations to the U.S. is almost entirely suspended. The suspension applies to both individuals seeking permanent residence (immigrants) and those seeking temporary entry (non-immigrants).
The most critical change under the whole suspension tier is the complete elimination of the benefits of family-based exceptions. Unlike the previous policy, which allowed U.S. citizens to file a family green card petition under the Immediate Relative category for spouses and minor children despite the ban, the new policy completely suspends that pathway for citizens of Tier 1 countries.
Read Also– New Federal Court Judgement Upholds: $100,000 H-1B Fee
Tier 2: Partial Suspension
The second tier comprises 20 other countries, including Nigeria, Venezuela, Cuba, and Vietnam, that face more targeted restrictions. Under the new policy, immigrants from countries in the Tier 2 category are banned from entering the U.S. under certain visa categories, including business/tourism (B-1/B-2) and student or exchange visas (F, M, J).
The National Interest Waiver: The Only Available Route
Although the new Proclamation imposes complete or partial restrictions on immigrants from certain countries, the National Interest Waiver route remains open to them.
Applicants from restricted countries need to understand that this is not a simple route, as the burden of proof now rests entirely on them. They need to demonstrate with “clear and convincing evidence” that their admission serves the U.S. national interest. Early USCIS guidance suggests that these waivers will be extremely difficult to obtain and will require extensive legal documentation.
Read also : Decoding Gold Card Program: The Fastest Path to Employment-based Permanent Residency
Congressional Actions on Immigration
Other than the new Presidential Proclamation, the actions taken by Congress suggest that they retain control over federal immigration funding. In January 2026, actions showcased a pronounced divide in legislative action.
A majority of Congress’s decisions prioritize funding for the “Zero Tolerance” infrastructure. Although last year we saw the passage of major reconciliation packages, the current focus is on implementing a self-funded, high-enforcement system. It has led to a new operational reality of what most critics refer to as “pay-to-play” immigration provisions, which include:
- Mandatory $100 annual fees to keep asylum applications active
- New 1% excise taxes on remittances sent abroad to fund border infrastructure
- A new $5,000 apprehension fee assessed on individuals apprehended between ports of entry
Currently, Congress faces a January 30 deadline to fund the Department of Homeland Security (DHS), amid intense debate over allocating billions to expand detention capacity.
Read Also: New Policy Update: Expanded Screening for H-1B and H-4 Visas — Risk and How to Prepare
The Brighter Side
While on one side the Presidential Proclamation seeks to increase restrictions on entry to the U.S., and Congress seeks to implement a well-funded, high-enforcement system, some lawmakers are seeking to employ legislative tools to slow these changes.
The No Bans Act has been reintroduced in the Senate, which limits the President’s authority to enact blanket bans. Even several members of the Congressional committees are trying to initiate inquiries into the vetting procedures and agency hiring practices.
While these oversight actions are legally significant, applicants should recognize that current legislative momentum favors enforcement over relief.
The Collateral Impact
The combination of Executive action and Congressional funding is creating a highly challenging environment for immigrants. We are advising applicants on three significant immediate impacts:
The “Double Lock” Scenario (Example: Somalia). The government is using multiple tools simultaneously. For instance, today (Jan 14, 2026), DHS announced the termination of Temporary Protected Status (TPS) for Somalia, effective in March. Because Somalia is also a Tier 1 “Full Suspension” country under the new Presidential Proclamation, Somali nationals currently here on TPS face a terrifying reality: they will lose their status to stay, and the Proclamation prevents them from obtaining a visa to return if they leave.
The End of Routine Family Reunification for Many. The age-old principle that gave U.S. citizens the right to live with their spouses and children is suddenly suspended for nationals of the affected countries. Families should prepare themselves for prolonged separations and intrusive vetting processes when attempting to obtain waivers.
Financial Barriers to Safety. The new Congressionally mandated fees for asylum seekers and apprehension penalties mean that access to safety in the U.S. is increasingly dependent on financial resources, rather than just the merit of a persecution claim.
Read Also: Breaking news: President Trump signs proclamation on H-1Bs. Will this destroy the program?
Conclusion
We all know that the legal environment is significantly changing, and we recommend that individuals from affected countries conduct thorough research before applying for a visa. The procedures that were effective six months ago are no longer applicable. The opportunities to enter the U.S. are now minimal. The National Interest Waiver is the only remaining route for citizens of affected countries. Seeking legal help is the need of the hour.
Our firm is closely monitoring daily court challenges to PP 10998 (the new Presidential Proclamation) and tracking every development on Capitol Hill. If you or a family member is affected by these changes, contact the Law Offices of Prashanthi immediately to assess the remaining options in this new legal reality.
