Executive Order Travel Ban: NAFSA Resources

 

Travel BanOn March 6, 2017, President Trump signed Executive Order 13780, entitled "Protecting the Nation from Terrorist Entry into the United States." EO 13780 includes a revised 90-day entry ban on citizens of six nations in the Middle East and Africa, which was set to become effective on March 16, 2017. However, two U.S. District Courts (Hawaii and Maryland) have issued orders that currently prevent the Government from enforcing that ban. In a June 26, 2017 decision, the U.S. Supreme Court partially granted the government's request to stay the preliminary injunctions. The decision, however, contains an important exception that upholds the injunction for individuals "who have a credible claim of a bona fide relationship with a person or entity in the United States." Most students and scholars, therefore, should continue to be exempt from the 90-day bar. The situation remains fluid. NAFSA is closely monitoring reaction to, implementation of, and challenges to the executive order, and has gathered the following resources to help ensure international education professionals have the tools they need to properly respond to the new rules.

Executive Order Litigation

A number of parties sued the administration over the travel ban, and U.S. District Courts in Hawaii and Maryland issued preliminary injunctions that blocked implementation of the ban. The administration appealed those orders, up to the Supreme Court of the United States (SCOTUS). The government asked SCOTUS for a temporary stay of the Hawaii court's nationwide injunction as well as certiorari to challenge the decision on the merits. Principal legal issues are the scope of a president's authority and whether campaign rhetoric and post-campaign statements were properly used as evidence that the order was intended to discriminate against Muslims. In a June 26, 2017 decision, SCOTUS  partially granted the government's request to stay the Maryland and Hawaii district courts' preliminary injunctions that block the Section 2(c) 90-day entry bar of Executive Order 13780, but upheld the injunction for individuals "who have a credible claim of a bona fide relationship with a person or entity in the United States." Most students and scholars (and their dependents) should continue to be exempt from the 90-day bar. The Supreme Court also granted the government's request for certiorari to consider the case on the merits. Oral argument combining both the Hawaii (Ninth Circuit) and Maryland (Fourth Circuit) cases has been calendared for October 10, 2017. On September 18, 2017, 30 educational associations including NAFSA filed an amicus brief in support of the case now before the Supreme Court.

The June 26, 2017 SCOTUS decision also confirmed the lifting of the injunction on a process under Sections 2(a), (b), (d), and (e) of the Executive Order that could lead to an indefinite ban on entry by nationals any country that does not provide the U.S. government with sufficient information on their citizens who apply for U.S. visas or immigration benefits.

Updates on Executive Order litigation

NAFSA Statements

Travel Advisories

NAFSA has updated its travel advisories on President Trump's March 6, 2017 Executive Order 13780, "Protecting the Nation from Terrorist Entry into the United States," and provides links to vital resources to help you stay up-to-date and informed.

Read the 90-Day Travel Ban Advisory

Read the Section 2(e) Future Indefinite Travel Ban Advisory

Executive Action Summaries and Links

Executive actions, also called presidential actions, are actions that are taken by the President of the United States, usually through the following vehicles: Executive Orders; Presidential Proclamations; and Presidential Memoranda. NAFSA keeps track of certain executive actions related to immigration, under the current administration.

Read the executive action summary page  

FAQ on Immigration Benefits

NAFSA has compiled a list of frequently asked questions about resources that can assist you in understanding and responding to recent and future changes to immigration benefits.

View the frequently asked questions

From the Community

Tips and information from NAFSA's blog to assist advisers working to help students, scholars, faculty, and staff impacted by the executive orders.