Trump’s immigration ban - | Hudson McKenzie

Trump’s immigration ban

The Trump administration has added to its current immigration legislation which vehemently denies entry of members from a Communist Party nor totalitarian regimes, both foreign and domestic, to apply for US citizenship. In view of the ‘Hong Kong crisis’, mounting Chinese immigration to the US and the pandemic, this immigration policy is believed to be a means of prohibiting the entry of Chinese government officials into the US to protect national interests.

“In general, unless otherwise exempt, any intending immigrant who is a member or affiliate of the Communist Party or any other totalitarian party (or subdivision or affiliate), domestic or foreign, is inadmissible to the United States.” – US Citizenship and Immigration Services (USCIS)

The only exception to this policy is if an individual can prove that they joined a regime or a Communist party based on either securing employment, adequate food or acquire necessary living conditions.


Considering the US immigration legislation enacted over decades, this new policy seems to be a historical revival stemming from the Cold War. It shares resemblance with the Immigration Act (1918) and the Internal Security Act (1950), which placed communists, terrorists and so forth as security threats and formally made it forbidden for Communist or totalitarian party members to obtain US naturalisation.

From a Chinese perspective and considering previous US and Chinese conflicts, this may serve as an attempt to oust Chinese infiltration into the US whilst dissuading the central government in Beijing from continuing its autocratic policies. This goes together with the UK’s similar response against their regime via the launch of the Hong Kong BN(O) visa.

Those affected

Upon review of the Communist Party in China, it appears that Communist Party members comprise of officials who are business owners, high members of state-owned corporations and individuals have accumulated a degree of wealth and control in China. Thus, ordinary individuals within the Chinese population remain largely unaffected.

There is a domestic element to this policy, meaning that individuals considered as co-operators with these regimes or organisations both within the US and overseas will not be permitted to reside in the US.

Upon review, this immigration policy is a method of strengthening law enforcement for individuals deemed to be anarchists, terrorists, rebels, communists, and co-operators with autocratic and communist regimes. It may also pose a message to government officials overseas to reverse their anti-democratic policies or actions should they wish to be an ally or simply enter the US.

Should you have any questions regarding the above-information or if you would like to discuss your UK or global immigration queries, please get in touch with a legal professional at Hudson McKenzie via email at