Immigration Executive Actions Under the Trump Administration

June 22, 2017

 

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.

More background on executive actions.

This page keeps track of certain executive actions related to immigration, under the current administration.

Executive Actions In Effect

Please also consult the executive action document page on the DHS website for links to the the Trump administration's executive orders on immigration and to several DHS implementing memoranda, fact sheets, and press releases - Visit https://www.dhs.gov/executive-orders-protecting-homeland.

Title and Elements

Status

Citation

Resources

A June 21, 2017 Executive Order signed by President Trump deletes section 2(b)(ii) of President Obama's Executive Order 13597 of January 19, 2012, which had directed DOS and DHS to "ensure that 80 percent of nonimmigrant visa applicants are interviewed within 3 weeks of receipt of application." The effect of this change on overall visa processing times remains to be seen.

Signed and effective on June 21, 2017

To be published in Federal Register

NAFSA Resource Page

Executive Order 13788: Buy American and Hire American

Seeking to "create higher wages and employment rates for workers in the United States, and to protect their economic interests," this executive order:

  • Commits the executive branch to "rigorously enforce and administer the laws governing entry into the United States of workers from abroad"
  • Calls on the Departments of Homeland Security, State, Labor, and Justice to "as soon as practicable, and consistent with applicable law, propose new rules and issue new guidance, to supersede or revise previous rules and guidance if appropriate, to protect the interests of United States workers in the administration of our immigration system, including through the prevention of fraud or abuse"
  • Calls on the same agencies to "as soon as practicable, suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries"
 

Signed and effective on April 18, 2018

Executive Order 13788 of April 18, 2017
82 FR 18837 (April 21, 2017)

NAFSA Resource Page on the Executive Order

Presidential Memorandum - Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security: Implementing Immediate Heightened Screening and Vetting of Applications for Visas and Other Immigration Benefits, Ensuring Enforcement of All Laws for Entry into the United States, and Increasing Transparency among Departments and Agencies of the Federal Government and for the American People.

Sections 2 and 3 direct DHS and DOS to:

  • "rigorously enforce all existing grounds of inadmissibility and to ensure subsequent compliance with related laws after admission"
  • "implement protocols and procedures as soon as practicable that in their judgment will enhance the screening and vetting of applications for visas and all other immigration benefits, so as to increase the safety and security of the American people. These additional protocols and procedures should focus on:

    (a) preventing the entry into the United States of foreign nationals who may aid, support, or commit violent, criminal, or terrorist acts; and

    (b) ensuring the proper collection of all information necessary to rigorously evaluate all grounds of inadmissibility or deportability, or grounds for the denial of other immigration benefits."
 

Signed and effective on March 6, 2017

81 FR 16279 (April 3, 2017)

 

NAFSA Resource Page on the Presidential Memorandum

NAFSA Resource Page on March 17, 2017 Cable that implements the Presidential Memorandum

Executive Order 13780: Protecting the Nation from Terrorist Entry into the United States

  • New 90-day bar for 6 countries
  • Possible indefinite entry bar under section 2(e)
  • Continued suspension of Visa Interview Waiver Program
  • 120-day suspension of Refugee Admissions Program
  • Expedited completion of biometric entry-exit tracking system
  • Review of visa validity reciprocity agreements
 

Signed March 6, 2017, effective March 16, 2017

Section 2 entry bar and Section 6 refugee admission bar have been enjoined by court order

Sections not enjoined by court order remain in effect

Executive Order 13780 of March 6, 2017
82 FR 13209 (March 9, 2017)

Consult NAFSA's Travel Advisory at: www.nafsa.org/EOentry

Read a DHS Fact Sheet

Read a DHS FAQ

Executive Order litigation

NAFSA Note: Possible indefinite entry bar under Section 2(e)

NAFSA Note: Suspension of Visa Interview Waiver Program  

Executive Order 13769: Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals (revoked)

  • 90-day bar under section 3(c) for 7 countries
  • Possible indefinite entry bar under section 3(e)
  • Suspension of Visa Interview Waiver Program
  • 120-day suspension of Refugee Admissions Program
  • Expedited completion of biometric entry-exit tracking system
  • Review of visa validity reciprocity agreements
 

Signed January 27, 2017, revoked effective March 16, 2017 by Executive Order 13780

Executive Order 13769

NAFSA portal

Executive Order 13768: Enhancing Public Safety in the Interior of the United States

  • Hire additional enforcement and removal officers
  • Revise enforcement priorities and reinstitute Secure Communities program
  • Rescind all existing guidance and directives that conflict with the executive order's directive to enforce all immigration laws, to the extent of the conflict. According to the DHS implementation memos, this rescission does not apply to the DACA and DAPA programs, which "will be addressed in future guidance." The implementation FAQs also state that current guidance limiting enforcement at sensitive locations remains in effect for now.
  • Encourage federal-state agreements
  • Sanctuary cities ineligible for Federal grants
  • Exclude non-citizens/non-LPRs from Privacy Act protections
  • Effectively implement INA 243(d), which allows DHS and DOS to discontinue granting visas to nationals of "recalcitrant countries" that deny or delay accepting their citizens who have been ordered deported from the United States.
 

Signed January 25, 2017

Executive Order 13768

 

DHS 2/20/17 Implementation Memo

DHS 2/21/17 Fact Sheet

DHS 2/21/17 Q&A

 

Executive Order 13767: Border Security and Immigration Enforcement Improvements

  • Plan, fund, and begin building of southern border wall
  • Expand detention facilities
  • Expand expedited removal program
  • Detention for illegal entry
  • Additional Border Patrol agents
  • Encourage federal-state agreements
  • Tighten parole, asylum, and removal programs
 

Signed January 25, 2017

Executive Order 13767

 

DHS

DHS 2/20/17 Implementation Memo

DHS 2/21/17 Fact Sheet

DHS 2/21/17 Q&A

American Immigration Council

Fact Sheet - Summary of EO 13767

Fact Sheet - Primer on Expedited Removal

Practice Advisory - Expedited Removal: What has Changed Since EO 13767

 

Draft or Leaked Executive Actions Not in Effect

The below summaries and document links are provided for informational purposes only. These are leaked, draft executive orders whose authenticity has not been verified, but which are widely available online. These orders are not in effect, and it has not been verified that they are under active consideration.

Title and Elements

Status

Protecting American Jobs and Workers by Strengthening the Integrity of Foreign Worker Visa Programs

Suggests:

  • Reviewing and rewriting regulations that allow foreign nationals to work in the U.S.
  • Propose for notice and comment a proposed rule that would reform practical training programs and improve the monitoring of foreign students (Section 4(a)(vii) of the draft leaked memo - see a brief NAFSA Note on this).
  • Revise standards to limit employment in B-1 category.
  • Develop options to incentivize and expand E-Verify participation.
  • Develop plan to expand site-visit program within 2 years to cover all EB visa programs.
 

Leaked, unverified draft dated Jan 23, 2017 - Not in effect

Ending Unconstitutional Executive Amnesties

  • Would rescind DACA June 15, 2012 memo; EADs already issued would remain valid but couldn't be extended; no DACA advance parole.
  • Would rescind DAPA Nov 20, 2014 memo.
  • Would rescind Nov 19, 2014 memo on prioritizing removal of aliens unlawfully present in the U.S.
 

Leaked, unverified draft dated Jan 23, 2017 - Not in effect

Protecting Taxpayer Resources by Ensuring Our Immigration Laws Promote Accountability and Responsibility

  • Would rescind current policy re: public charge determinations and propose new rule to govern such determinations.
  • Propose rule to require submission of SSN by taxpayer and child when claiming Child Tax Credit
  • Reports on costs of Refugee Admissions Program, public benefits.
  • Would implement recommendations to prohibit aliens from receiving Social Security credit for wages earned during periods of unauthorized work.
  • Enforcement of affidavits of support.
 

Leaked, unverified draft dated Jan 23, 2017 - Not in effect