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

In a June 26, 2017 decision, the U.S. Supreme Court partially granted the government's request to stay the preliminary injunctions on the 90-day travel ban. 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." To qualify as a bona fide relationship with a U.S. entity, the Court states that "the relationship must be formal, documented, and formed in the ordinary course, rather than for the purpose of evading EO–2." The Court gives the following examples of individuals who would likely have the required "bona fide relationship" with a U.S. entity, and therefore would remain exempt from the 90-day ban: Students who have been admitted to a U.S. school; Workers who accept an offer of employment from a U.S. employer; and  Lecturers invited to address an American audience.

The Supreme Court also formally lifted the injunction on the government's study that could lead, under section 2(e) of the executive order, to an indefinite ban on entry by nationals of countries that do not provide the U.S. government with sufficient information on their citizens who are applying for U.S. visas or immigration benefits.

See NAFSA's Executive Order Litigation Updates to stay current.

Updates on Executive Order litigation

NAFSA Statements

Travel Advisory

NAFSA has updated its travel advisory 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 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

Updates:

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.