Immigration Executive Actions Under the Trump Administration

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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.

This page, now archived for reference purposes, kept track of certain executive actions affecting higher education immigration under the Trump administration. Click here for executive actions under the Biden administration.

Migration Policy Institute Report (July 2020) cataloging more than 400 executive actions on immigration
View Presidential Documents published in the Federal Register
More background on executive actions

Selected Trump Executive Actions
Memorandum of January 19, 2021, Deferred Enforced Departure for Certain Venezuelans On the last full day of his presidency, Donald Trump issued a Presidential Memorandum to the Secretaries of State and Homeland Security, "to defer the removal of any national of Venezuela, or alien without nationality who last habitually resided in Venezuela, subject to the conditions and exceptions provided below." Deferred Enforced Departure is often abbreviated as DED. Memorandum of January 19, 2021, Deferred Enforced Departure for Certain Venezuelans, no longer appears on the whitehouse.gov website, since it was a Trump Administration executive action. However, like most presidential documents it has been published in the Federal Register. Read the memorandum publised at 86 FR 6845 (January 25, 2021). On March 9, 2021, DHS published a Notice designating Venezuela for Temporary Protected Status (TPS) and implementing employment authorization for Venezuelans covered by Deferred Enforced Departure (DED). The Notice "Provides information about Deferred Enforced Departure (DED) for eligible Venezuelan nationals (and persons without nationality who last habitually resided in Venezuela), and provides information on how eligible individuals may apply for DED-related EADs with USCIS, based on the January 19, 2021 memorandum from former President Donald Trump directing the Secretary to take appropriate measures for the implementation of DED for Venezuelan nationals for 18 months, through July 20, 2022." Although advisers should be aware of this memorandum, advising on it, assessing its current validity, or assisting in applying for benefits under it should be done only by an experienced immigration lawyer.
August 3, 2020 Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers Executive Order 13940 of August 3, 2020, Aligning Federal Contracting and Hiring Practices With the Interests of American Workers This order focuses on a review of federal contracting and subcontracting practices in section 2. Section 3 may be more far-ranging, as it is open-ended and not limited to federal contractors: "Sec. 3. Measures to Prevent Adverse Effects on United States Workers. Within 45 days of the date of this order, the Secretaries of Labor and Homeland Security shall take action, as appropriate and consistent with applicable law, to protect United States workers from any adverse effects on wages and working conditions caused by the employment of H-1B visa holders at job sites (including third-party job sites), including measures to ensure that all employers of H-1B visa holders, including secondary employers, adhere to the requirements of section 212(n) (1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1))."
July 14, 2020 Executive Order on Hong Kong Normalization Executive Order 13936 of July 14, 2020, The President's Executive Order on Hong Kong Normalization Published in the Federal Register at 85 FR 43413 (July 17, 2020) This order communicated the "policy of the United States to suspend or eliminate different and preferential treatment for Hong Kong to the extent permitted by law and in the national security, foreign policy, and economic interest of the United States." The order also suspends the application of section 201(a) of the United States-Hong Kong Policy Act of 1992, as amended (22 U.S.C. 5721(a)) to certain sections of the Immigration and Nationality Act and statutes. The overall effect of the order is to move towards treating Hong Kong in a way similar to how China is treated, because the Administration has determined "that the Special Administrative Region of Hong Kong (Hong Kong) is no longer sufficiently autonomous to justify differential treatment in relation to the People’s Republic of China (PRC or China) under the particular United States laws and provisions thereof set out in this order." The immigration-related aspects of the order include telling the agencies to: "take steps to terminate the Fulbright exchange program with regard to China and Hong Kong with respect to future exchanges for participants traveling both from and to China or Hong Kong;" "amend the regulation at 8 CFR 212.4(i) to eliminate the preference for Hong Kong passport holders as compared to PRC passport holders;" "revoke license exceptions for exports to Hong Kong, reexports to Hong Kong, and transfers (in-country) within Hong Kong of items subject to the Export Administration Regulations, 15 CFR Parts 730-774, that provide differential treatment compared to those license exceptions applicable to exports to China, reexports to China, and transfers (in-country) within China;" "reallocate admissions within the refugee ceiling set by the annual Presidential Determination to residents of Hong Kong based on humanitarian concerns, to the extent feasible and consistent with applicable law;" "propose for my consideration any further actions deemed necessary and prudent to end special conditions and preferential treatment for Hong Kong"; and suspend the entry of persons specifically listed as "blocked" by the executive order
June 22, 2020 Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak This proclamation expired on March 31, 2021. As of April 1, 2021, President Biden had not renewed or replaced it. On June 22, 2020, the President issued Proclamation 10052 titled Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak. Effective June 24, 2020 and expiring March 31, 2021. The proclamation suspended "entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas," subject to section 3 of the proclamation: "an H-1B or H-2B visa, and any alien accompanying or following to join such alien;" "a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien;" "an L visa, and any alien accompanying or following to join such alien" Section 3(a) stated, however, that the suspension will only be applied to individuals who: "(i) is outside the United States on the effective date of this proclamation; (ii) does not have a nonimmigrant visa, of any of the classifications specified in section 2 of this proclamation and pursuant to which the alien is seeking entry, that is valid on the effective date of this proclamation; and (iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission." Proclamation 10054 of June 29, 2020 amended Proclamation 10052 at Section 3(a)(ii) to clarify that the exception in that paragraph applies only to individuals with a valid H, J, or L visa who seek admission to the United States in one of those categories. For example, an individual outside the United States wishing to enter the United States in H-1B status who had valid B-2 visa but not a valid H-1B visa would be subject to the proclamation and would not be eligible for an H-1B visa. Proclamation 10054 also extends the April 22, 2020 Proclamation 10014 suspending entry of certain immigrants until the end of the year. Resources NAFSA's page on Proclamation 10052 of June 22, 2020. Proclamation 10052 of June 22, 2020, published in the Federal Register at 85 FR 38263 (June 25, 2020). Proclamation 10054 of June 29, 2020, amending Proclamation 10052 at Section 3(a)(ii), published in the Federal Register at 85 FR 40085 (July 2, 2020).
May 29, 2020 Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People's Republic of China On May 29, 2020, the President issued Proclamation 10043 titled Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People's Republic of China (PRC). The proclamation is effective at 12:00 p.m. eastern daylight time on June 1, 2020, and will remain in effect until terminated by the President. It suspends the entry to the United States of F and J graduate students (undergraduate students are exempt) and researchers from the PRC if they are now or in the past connected through funding, employment, study, or research at "an entity in the PRC that implements or supports the PRC's "military-civil fusion strategy," subject to important exceptions. Proclamation 10043 of May 29, 2020, Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China. Published in the Federal Register at 85 FR 34353 (June 4, 2020) Read NAFSA's summary
May 19, 2020 Executive Order on Regulatory Relief to Support Economic Recovery On May 19, 2020, the president issued Executive Order 13924 titled Regulatory Relief to Support Economic Recovery that directs all federal agencies to "combat the economic consequences of COVID-19 with the same vigor and resourcefulness with which the fight against COVID-19 itself has been waged," by: "rescinding, modifying, waiving, or providing exemptions from regulations and other requirements that may inhibit economic recovery, consistent with applicable law and with protection of the public health and safety, with national and homeland security, and with budgetary priorities and operational feasibility giving "businesses, especially small businesses, the confidence they need to re-open by providing guidance on what the law requires; by recognizing the efforts of businesses to comply with often-complex regulations in complicated and swiftly changing circumstances; and by committing to fairness in administrative enforcement and adjudication." Read: Executive Order 13924 titled Regulatory Relief to Support Economic Recovery, also published in the Federal Register at 85 FR 31353 (May 22, 2020).
Coronavirus Proclamation of April 22, 2020 Limits Entry of Certain Immigrants Revoked effective February 24, 2021. Proclamation 10014 of April 22, 2020, published at 85 FR 23441, titled Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak. This proclamation suspended entry of certain new immigrants who do not already have an approved immigrant visa. The proclamation did not impact applicants for adjustment of status or nonimmigrants such as students, H-1B workers, visitors for business or pleasure, etc. Section 6 of the proclamation, however, called upon DOL, DOS, and DHS to within 30 days of April 22 "review nonimmigrant programs and... recommend... other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers." Proclamation 10014 of April 22, 2020 went into effect at 11:59 p.m. eastern daylight time on April 23, 2020. Proclamation 10052 of June 22, 2020 extended the expiration date to December 31, 2020. Trump. Proclamation 10131 of December 31, 2020 extended the expiration date to March 31, 2021. Trump. Proclamation of February 24, 2021 revoked Proclamation 10014 and the proclamations that extended it, effective February 24, 2021. Biden. This revoking proclamation also directed agency heads to "review any regulations, orders, guidance documents, policies, and any other similar agency actions developed pursuant to Proclamation 10014 and, as appropriate, issue revised guidance consistent with the policy set forth in this proclamation." Read NAFSA's summary for background on the revoked proclamation.
Presidential Memorandum on Discontinuance of Visa Issuance Under INA 243(d) In response to the COVID-19 pandemic, President Trump issued Presidential Memorandum of April 10, 2020, Memorandum on Visa Sanctions, to direct the Secretary of Homeland Security to notify the Secretary of State "if any government of a foreign country denies or unreasonably delays the acceptance of aliens who are citizens, subjects, nationals, or residents of that country after being asked to accept those aliens, and if such denial or delay is impeding operations of the Department of Homeland Security necessary to respond to the ongoing pandemic caused by SARS-CoV-2." The memorandum then directs that after receiving such notification, the Secretary of State must "as expeditiously as possible, but no later than 7 days after receipt, adopt and initiate a plan to impose the visa sanctions provided for in section 243(d) of the INA." No countries have yet been added to the INA 243(d) sanction list pursuant to this Presidential Memorandum, which is based on different legal authority than the recent COVID-19 Presidential Proclamation entry bans currently in effect. For background on INA 243(d) and a list of countries previously designated, see NAFSA's Discontinuance of Visa Issuance Under INA 243(d) page.
Travel-Related Proclamations Affecting Entry from Certain Countries President Trump issued four COVID-19-related proclamations to limit travel to the United States by individuals who were physically present in any of the designated countries within 14 days of their planned or attempted entry to the United States. China Travel Proclamation. January 31, 2020 - Proclamation 9984 of January 31, 2020, published at 85 FR 6709, titled Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Persons who Pose a Risk of Transmitting 2019 Novel Coronavirus. Effective 5 p.m. on Sunday, February 2, 2020. Iran Travel Proclamation. February 29, 2020 - Proclamation 9992 of February 29, 2020, published at 85 FR 12855, titled Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus. Effective 5:00 p.m. eastern standard time on March 2, 2020. European Schengen Area Proclamation. March 11, 2020 - Proclamation 9993 of March 11, 2020, titled Proclamation - Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus. Effective 11:59 p.m. eastern daylight time on March 13, 2020. Ireland and United Kingdom Proclamation. March 14, 2020 - Proclamation 9996 of March 14, 2020, titled Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus. Effective 11:59 p.m. eastern daylight time on March 16, 2020. Brazil. May 24-25, 2020. Proclamation 10041 of May 24, 2020. The May 24, 2020 proclamation contained a May 28, 2020 effective date, but a May 25, 2020 amendment to the proclamation revised the effective date to May 26, 2020. Effective 11:59 p.m. eastern daylight time on May 26, 2020. See NAFSA's COVID-19 Restrictions on U.S. Visas and Entry page for details on the three geographic COVID-19 travel bans in effect under the Biden administration.
Travel Ban 4.0 Proclamation 9983 of January 31, 2020 was revoked effective by Proclamation 10141 of January 20, 2021, Proclamation on Ending Discriminatory Bans on Entry to The United States, revoking "Executive Order 13780, and Proclamations 9645, 9723, and 9983." Published in the Federal Register at 86 FR 7005 (January 25, 2021). Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats Also known as "Travel Ban 4.0." Placed visa and entry restrictions on travelers from six additional countries: Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania. The new ban (Travel Ban 4.0) became effective at 12:01 eastern standard time on February 21, 2020. Travel Ban 4.0 contains restrictions on immigrants but not on nonimmigrants, so Travel Ban 4.0 will not impact acquisition of nonimmigrant visas like F-1 student, J-1 exchange visitor, H-1B worker, etc., or of admission to the United States in those categories. Travel Ban 3.0 continued in effect on certain citizens of Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia while Travel Ban 4.0 was in effect. NAFSA Advisory
Executive Order 13891 on Promoting the Rule of Law Through Improved Agency Guidance Documents Status: Revoked. President Biden's Executive Order 13992 of January 20, 2021, published in the Federal Register at 86 FR 7049 (January 25, 2021), revoked former President Trump's Executive Order 13891. Background: On October 9, 2019, President Trump issued Executive Order 13891, titled Promoting the Rule of Law Through Improved Agency Guidance Documents, "to ensure that Americans are subject to only those binding rules imposed through duly enacted statutes or through regulations lawfully promulgated under them. Published in the Federal Register at 84 FR 55235 (October 15, 2019). The order stated that "it is the policy of the executive branch, to the extent consistent with applicable law, to require that agencies treat guidance documents as non-binding both in law and in practice, except as incorporated into a contract, take public input into account when appropriate in formulating guidance documents, and make guidance documents readily available to the public. Agencies may impose legally binding requirements on the public only through regulations and on parties on a case-by-case basis through adjudications, and only after appropriate process, except as authorized by law or as incorporated into a contract." Read NAFSA's summary.
Proclamation 9945 of October 4, 2019, Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System President Biden revoked former President Trump's Proclamation 9945 on May 14, 2021. See Proclamation of May 14, 2021: A Proclamation on Revoking Proclamation 9945. Under Presidential Proclamation 9945, Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System (PP 9945), effective November 3, 2019 applicants for immigrant visas had to show to the satisfaction of a consular officer, before an immigrant visa is issued, that either: They will be covered by approved health insurance, as defined in Presidential Proclamation 9945, within 30 days of entry into the United States, or They possess the financial resources to pay for reasonably foreseeable medical costs. Holders of valid immigrant visas issued before the effective date were not subject to PP 9945, and there were several other limited exceptions. Presidential Proclamation 9945 applied only to immigrant visas, and did not apply to nonimmigrant visas or to applicants for adjustment of status to lawful permanent residence within the United States. Proclamation 9945 published in the Federal Register at 84 FR 53991 (October 9, 2019) Proclamation of May 14, 2021: A Proclamation on Revoking Proclamation 9945 NAFSA's page on Proclamation 9945
Travel Ban 3.0 Presidential Proclamation 9645 of September 24, 2017 was revoked effective by Proclamation 10141 of January 20, 2021, Proclamation on Ending Discriminatory Bans on Entry to The United States, revoking "Executive Order 13780, and Proclamations 9645, 9723, and 9983." Published in the Federal Register at 86 FR 7005 (January 25, 2021). Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats Referred to as "Travel Ban 3.0." The Travel Ban 3.0 restrictions were country-specific, and tailored to the situation of each affected country. There were a number of important exemptions and exceptions to the ban. DHS and DOS identified the affected countries as ones "that do not provide adequate information" on their citizens who apply for U.S. visas, admission to the United States, or other U.S. immigration benefits. The conditions imposed by the Proclamation will last until the country begins providing such information "or until the Secretary of Homeland Security certifies that the country has an adequate plan to do so, or has adequately shared information through other means." Signed September 24, 2017. Effective for some on September 24, 2017, and for others on October 18, 2017. NAFSA Advisory
Executive Order 13802 This executive order deleted 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 Executive Order 13802 82 FR 28747 (June 26, 2017) NAFSA Resource Page
Buy American and Hire American (BAHA) Revoked: President Biden's Executive Order 14005 of January 25, 2021, Ensuring the Future Is Made in All of America by All of America's Workers, published in the Federal Register at 86 FR 7475 (January 28, 2021), revoked former President Trump's Executive Order 13788 of April 18, 2017 (Buy American and Hire American), replacing it with a policy "that the United States Government should, consistent with applicable law, use terms and conditions of Federal financial assistance awards and Federal procurements to maximize the use of goods, products, and materials produced in, and services offered in, the United States. The United States Government should, whenever possible, procure goods, products, materials, and services from sources that will help American businesses compete in strategic industries and help America's workers thrive. Additionally, to promote an accountable and transparent procurement policy, each agency should vest waiver issuance authority in senior agency leadership, where appropriate and consistent with applicable law." Buy American and Hire American (BAHA) purported to "create higher wages and employment rates for workers in the United States, and to protect their economic interests," this executive order: Committed the executive branch to "rigorously enforce and administer the laws governing entry into the United States of workers from abroad" Called 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" Called 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" NAFSA Resource Page on the Executive Order
Presidential Memorandum of March 6, 2017 on Heightened Screening and Vetting President Biden's Executive Order 14013 of February 4, 2021, Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration, revoked former President Trump's Memorandum of March 6, 2017. Section 2(b) of Executive Order 14013 provides: "The Presidential Memorandum of March 6, 2017 (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), is revoked." Sections 2 and 3 of the revoked memorandum had directed 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, revoked on February 4, 2021. 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
Enhancing Public Safety in the Interior of the United States Executive Order 13768: Enhancing Public Safety in the Interior of the United States This Executive Order was revoked by President Biden effective January 20, 2021. EO 13768 had sought to: 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

Selected Trump Executive Actions

Memorandum of January 19, 2021, Deferred Enforced Departure for Certain Venezuelans

On the last full day of his presidency, Donald Trump issued a Presidential Memorandum to the Secretaries of State and Homeland Security, "to defer the removal of any national of Venezuela, or alien without nationality who last habitually resided in Venezuela, subject to the conditions and exceptions provided below." Deferred Enforced Departure is often abbreviated as DED.

Memorandum of January 19, 2021, Deferred Enforced Departure for Certain Venezuelans, no longer appears on the whitehouse.gov website, since it was a Trump Administration executive action. However, like most presidential documents it has been published in the Federal Register. Read the memorandum publised at 86 FR 6845 (January 25, 2021).

On March 9, 2021, DHS published a Notice designating Venezuela for Temporary Protected Status (TPS) and implementing employment authorization for Venezuelans covered by Deferred Enforced Departure (DED). The Notice "Provides information about Deferred Enforced Departure (DED) for eligible Venezuelan nationals (and persons without nationality who last habitually resided in Venezuela), and provides information on how eligible individuals may apply for DED-related EADs with USCIS, based on the January 19, 2021 memorandum from former President Donald Trump directing the Secretary to take appropriate measures for the implementation of DED for Venezuelan nationals for 18 months, through July 20, 2022."

Although advisers should be aware of this memorandum, advising on it, assessing its current validity, or assisting in applying for benefits under it should be done only by an experienced immigration lawyer.

August 3, 2020 Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers

Executive Order 13940 of August 3, 2020, Aligning Federal Contracting and Hiring Practices With the Interests of American Workers

This order focuses on a review of federal contracting and subcontracting practices in section 2. Section 3 may be more far-ranging, as it is open-ended and not limited to federal contractors:

"Sec. 3. Measures to Prevent Adverse Effects on United States Workers. Within 45 days of the date of this order, the Secretaries of Labor and Homeland Security shall take action, as appropriate and consistent with applicable law, to protect United States workers from any adverse effects on wages and working conditions caused by the employment of H-1B visa holders at job sites (including third-party job sites), including measures to ensure that all employers of H-1B visa holders, including secondary employers, adhere to the requirements of section 212(n) (1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1))."

July 14, 2020 Executive Order on Hong Kong Normalization

Executive Order 13936 of July 14, 2020, The President's Executive Order on Hong Kong Normalization

Published in the Federal Register at 85 FR 43413 (July 17, 2020)

This order communicated the "policy of the United States to suspend or eliminate different and preferential treatment for Hong Kong to the extent permitted by law and in the national security, foreign policy, and economic interest of the United States." The order also suspends the application of section 201(a) of the United States-Hong Kong Policy Act of 1992, as amended (22 U.S.C. 5721(a)) to certain sections of the Immigration and Nationality Act and statutes. The overall effect of the order is to move towards treating Hong Kong in a way similar to how China is treated, because the Administration has determined "that the Special Administrative Region of Hong Kong (Hong Kong) is no longer sufficiently autonomous to justify differential treatment in relation to the People’s Republic of China (PRC or China) under the particular United States laws and provisions thereof set out in this order." The immigration-related aspects of the order include telling the agencies to:

"take steps to terminate the Fulbright exchange program with regard to China and Hong Kong with respect to future exchanges for participants traveling both from and to China or Hong Kong;"
"amend the regulation at 8 CFR 212.4(i) to eliminate the preference for Hong Kong passport holders as compared to PRC passport holders;"
"revoke license exceptions for exports to Hong Kong, reexports to Hong Kong, and transfers (in-country) within Hong Kong of items subject to the Export Administration Regulations, 15 CFR Parts 730-774, that provide differential treatment compared to those license exceptions applicable to exports to China, reexports to China, and transfers (in-country) within China;"
"reallocate admissions within the refugee ceiling set by the annual Presidential Determination to residents of Hong Kong based on humanitarian concerns, to the extent feasible and consistent with applicable law;"
"propose for my consideration any further actions deemed necessary and prudent to end special conditions and preferential treatment for Hong Kong"; and
suspend the entry of persons specifically listed as "blocked" by the executive order

June 22, 2020 Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak

This proclamation expired on March 31, 2021. As of April 1, 2021, President Biden had not renewed or replaced it.

On June 22, 2020, the President issued Proclamation 10052 titled Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak. Effective June 24, 2020 and expiring March 31, 2021. The proclamation suspended "entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas," subject to section 3 of the proclamation:

"an H-1B or H-2B visa, and any alien accompanying or following to join such alien;"
"a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien;"
"an L visa, and any alien accompanying or following to join such alien"

Section 3(a) stated, however, that the suspension will only be applied to individuals who:

"(i) is outside the United States on the effective date of this proclamation;

(ii) does not have a nonimmigrant visa, of any of the classifications specified in section 2 of this proclamation and pursuant to which the alien is seeking entry, that is valid on the effective date of this proclamation; and

(iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission."

Proclamation 10054 of June 29, 2020 amended Proclamation 10052 at Section 3(a)(ii) to clarify that the exception in that paragraph applies only to individuals with a valid H, J, or L visa who seek admission to the United States in one of those categories. For example, an individual outside the United States wishing to enter the United States in H-1B status who had valid B-2 visa but not a valid H-1B visa would be subject to the proclamation and would not be eligible for an H-1B visa. Proclamation 10054 also extends the April 22, 2020 Proclamation 10014 suspending entry of certain immigrants until the end of the year.

Resources

NAFSA's page on Proclamation 10052 of June 22, 2020.
Proclamation 10052 of June 22, 2020, published in the Federal Register at 85 FR 38263 (June 25, 2020).
Proclamation 10054 of June 29, 2020, amending Proclamation 10052 at Section 3(a)(ii), published in the Federal Register at 85 FR 40085 (July 2, 2020).

May 29, 2020 Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People's Republic of China

On May 29, 2020, the President issued Proclamation 10043 titled Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People's Republic of China (PRC). The proclamation is effective at 12:00 p.m. eastern daylight time on June 1, 2020, and will remain in effect until terminated by the President. It suspends the entry to the United States of F and J graduate students (undergraduate students are exempt) and researchers from the PRC if they are now or in the past connected through funding, employment, study, or research at "an entity in the PRC that implements or supports the PRC's "military-civil fusion strategy," subject to important exceptions.

Proclamation 10043 of May 29, 2020, Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China.
Published in the Federal Register at 85 FR 34353 (June 4, 2020)
Read NAFSA's summary

May 19, 2020 Executive Order on Regulatory Relief to Support Economic Recovery

On May 19, 2020, the president issued Executive Order 13924 titled Regulatory Relief to Support Economic Recovery that directs all federal agencies to "combat the economic consequences of COVID-19 with the same vigor and resourcefulness with which the fight against COVID-19 itself has been waged," by:

"rescinding, modifying, waiving, or providing exemptions from regulations and other requirements that may inhibit economic recovery, consistent with applicable law and with protection of the public health and safety, with national and homeland security, and with budgetary priorities and operational feasibility
giving "businesses, especially small businesses, the confidence they need to re-open by providing guidance on what the law requires; by recognizing the efforts of businesses to comply with often-complex regulations in complicated and swiftly changing circumstances; and by committing to fairness in administrative enforcement and adjudication."

Read: Executive Order 13924 titled Regulatory Relief to Support Economic Recovery, also published in the Federal Register at 85 FR 31353 (May 22, 2020).

Coronavirus Proclamation of April 22, 2020 Limits Entry of Certain Immigrants

Revoked effective February 24, 2021.

Proclamation 10014 of April 22, 2020, published at 85 FR 23441, titled Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.

This proclamation suspended entry of certain new immigrants who do not already have an approved immigrant visa. The proclamation did not impact applicants for adjustment of status or nonimmigrants such as students, H-1B workers, visitors for business or pleasure, etc. Section 6 of the proclamation, however, called upon DOL, DOS, and DHS to within 30 days of April 22 "review nonimmigrant programs and... recommend... other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers."

Proclamation 10014 of April 22, 2020 went into effect at 11:59 p.m. eastern daylight time on April 23, 2020.
Proclamation 10052 of June 22, 2020 extended the expiration date to December 31, 2020. Trump.
Proclamation 10131 of December 31, 2020 extended the expiration date to March 31, 2021. Trump.
Proclamation of February 24, 2021 revoked Proclamation 10014 and the proclamations that extended it, effective February 24, 2021. Biden. This revoking proclamation also directed agency heads to "review any regulations, orders, guidance documents, policies, and any other similar agency actions developed pursuant to Proclamation 10014 and, as appropriate, issue revised guidance consistent with the policy set forth in this proclamation."
Read NAFSA's summary for background on the revoked proclamation.

Presidential Memorandum on Discontinuance of Visa Issuance Under INA 243(d)

In response to the COVID-19 pandemic, President Trump issued Presidential Memorandum of April 10, 2020, Memorandum on Visa Sanctions, to direct the Secretary of Homeland Security to notify the Secretary of State "if any government of a foreign country denies or unreasonably delays the acceptance of aliens who are citizens, subjects, nationals, or residents of that country after being asked to accept those aliens, and if such denial or delay is impeding operations of the Department of Homeland Security necessary to respond to the ongoing pandemic caused by SARS-CoV-2." The memorandum then directs that after receiving such notification, the Secretary of State must "as expeditiously as possible, but no later than 7 days after receipt, adopt and initiate a plan to impose the visa sanctions provided for in section 243(d) of the INA."

No countries have yet been added to the INA 243(d) sanction list pursuant to this Presidential Memorandum, which is based on different legal authority than the recent COVID-19 Presidential Proclamation entry bans currently in effect.

For background on INA 243(d) and a list of countries previously designated, see NAFSA's Discontinuance of Visa Issuance Under INA 243(d) page.

Travel-Related Proclamations Affecting Entry from Certain Countries

President Trump issued four COVID-19-related proclamations to limit travel to the United States by individuals who were physically present in any of the designated countries within 14 days of their planned or attempted entry to the United States.

China Travel Proclamation. January 31, 2020 - Proclamation 9984 of January 31, 2020, published at 85 FR 6709, titled Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Persons who Pose a Risk of Transmitting 2019 Novel Coronavirus. Effective 5 p.m. on Sunday, February 2, 2020.
Iran Travel Proclamation. February 29, 2020 - Proclamation 9992 of February 29, 2020, published at 85 FR 12855, titled Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus. Effective 5:00 p.m. eastern standard time on March 2, 2020.
European Schengen Area Proclamation. March 11, 2020 - Proclamation 9993 of March 11, 2020, titled Proclamation - Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus. Effective 11:59 p.m. eastern daylight time on March 13, 2020.
Ireland and United Kingdom Proclamation. March 14, 2020 - Proclamation 9996 of March 14, 2020, titled Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus. Effective 11:59 p.m. eastern daylight time on March 16, 2020.
Brazil. May 24-25, 2020. Proclamation 10041 of May 24, 2020. The May 24, 2020 proclamation contained a May 28, 2020 effective date, but a May 25, 2020 amendment to the proclamation revised the effective date to May 26, 2020. Effective 11:59 p.m. eastern daylight time on May 26, 2020.

See NAFSA's COVID-19 Restrictions on U.S. Visas and Entry page for details on the three geographic COVID-19 travel bans in effect under the Biden administration.

Travel Ban 4.0

Proclamation 9983 of January 31, 2020 was revoked effective by Proclamation 10141 of January 20, 2021, Proclamation on Ending Discriminatory Bans on Entry to The United States, revoking "Executive Order 13780, and Proclamations 9645, 9723, and 9983." Published in the Federal Register at 86 FR 7005 (January 25, 2021).

Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats

Also known as "Travel Ban 4.0." Placed visa and entry restrictions on travelers from six additional countries: Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania. The new ban (Travel Ban 4.0) became effective at 12:01 eastern standard time on February 21, 2020. Travel Ban 4.0 contains restrictions on immigrants but not on nonimmigrants, so Travel Ban 4.0 will not impact acquisition of nonimmigrant visas like F-1 student, J-1 exchange visitor, H-1B worker, etc., or of admission to the United States in those categories. Travel Ban 3.0 continued in effect on certain citizens of Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia while Travel Ban 4.0 was in effect.

NAFSA Advisory

Executive Order 13891 on Promoting the Rule of Law Through Improved Agency Guidance Documents

Status: Revoked. President Biden's Executive Order 13992 of January 20, 2021, published in the Federal Register at 86 FR 7049 (January 25, 2021), revoked former President Trump's Executive Order 13891.

Background: On October 9, 2019, President Trump issued Executive Order 13891, titled Promoting the Rule of Law Through Improved Agency Guidance Documents, "to ensure that Americans are subject to only those binding rules imposed through duly enacted statutes or through regulations lawfully promulgated under them. Published in the Federal Register at 84 FR 55235 (October 15, 2019). The order stated that "it is the policy of the executive branch, to the extent consistent with applicable law, to require that agencies treat guidance documents as non-binding both in law and in practice, except as incorporated into a contract, take public input into account when appropriate in formulating guidance documents, and make guidance documents readily available to the public. Agencies may impose legally binding requirements on the public only through regulations and on parties on a case-by-case basis through adjudications, and only after appropriate process, except as authorized by law or as incorporated into a contract." Read NAFSA's summary.

Proclamation 9945 of October 4, 2019, Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System

President Biden revoked former President Trump's Proclamation 9945 on May 14, 2021. See Proclamation of May 14, 2021: A Proclamation on Revoking Proclamation 9945.

Under Presidential Proclamation 9945, Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System (PP 9945), effective November 3, 2019 applicants for immigrant visas had to show to the satisfaction of a consular officer, before an immigrant visa is issued, that either:

They will be covered by approved health insurance, as defined in Presidential Proclamation 9945, within 30 days of entry into the United States, or
They possess the financial resources to pay for reasonably foreseeable medical costs.

Holders of valid immigrant visas issued before the effective date were not subject to PP 9945, and there were several other limited exceptions. Presidential Proclamation 9945 applied only to immigrant visas, and did not apply to nonimmigrant visas or to applicants for adjustment of status to lawful permanent residence within the United States.

Proclamation 9945 published in the Federal Register at 84 FR 53991 (October 9, 2019)
Proclamation of May 14, 2021: A Proclamation on Revoking Proclamation 9945
NAFSA's page on Proclamation 9945

Travel Ban 3.0

Presidential Proclamation 9645 of September 24, 2017 was revoked effective by Proclamation 10141 of January 20, 2021, Proclamation on Ending Discriminatory Bans on Entry to The United States, revoking "Executive Order 13780, and Proclamations 9645, 9723, and 9983." Published in the Federal Register at 86 FR 7005 (January 25, 2021).

Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats

Referred to as "Travel Ban 3.0." The Travel Ban 3.0 restrictions were country-specific, and tailored to the situation of each affected country. There were a number of important exemptions and exceptions to the ban. DHS and DOS identified the affected countries as ones "that do not provide adequate information" on their citizens who apply for U.S. visas, admission to the United States, or other U.S. immigration benefits. The conditions imposed by the Proclamation will last until the country begins providing such information "or until the Secretary of Homeland Security certifies that the country has an adequate plan to do so, or has adequately shared information through other means."

Signed September 24, 2017. Effective for some on September 24, 2017, and for others on October 18, 2017.

NAFSA Advisory

Executive Order 13802

This executive order deleted 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

Executive Order 13802

82 FR 28747 (June 26, 2017)

NAFSA Resource Page

Buy American and Hire American (BAHA)

Revoked: President Biden's Executive Order 14005 of January 25, 2021, Ensuring the Future Is Made in All of America by All of America's Workers, published in the Federal Register at 86 FR 7475 (January 28, 2021), revoked former President Trump's Executive Order 13788 of April 18, 2017 (Buy American and Hire American), replacing it with a policy "that the United States Government should, consistent with applicable law, use terms and conditions of Federal financial assistance awards and Federal procurements to maximize the use of goods, products, and materials produced in, and services offered in, the United States. The United States Government should, whenever possible, procure goods, products, materials, and services from sources that will help American businesses compete in strategic industries and help America's workers thrive. Additionally, to promote an accountable and transparent procurement policy, each agency should vest waiver issuance authority in senior agency leadership, where appropriate and consistent with applicable law."

Buy American and Hire American (BAHA) purported to "create higher wages and employment rates for workers in the United States, and to protect their economic interests," this executive order:

Committed the executive branch to "rigorously enforce and administer the laws governing entry into the United States of workers from abroad"
Called 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"
Called 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"

NAFSA Resource Page on the Executive Order

Presidential Memorandum of March 6, 2017 on Heightened Screening and Vetting

President Biden's Executive Order 14013 of February 4, 2021, Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration, revoked former President Trump's Memorandum of March 6, 2017. Section 2(b) of Executive Order 14013 provides: "The Presidential Memorandum of March 6, 2017 (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), is revoked."

Sections 2 and 3 of the revoked memorandum had directed 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, revoked on February 4, 2021.

Enhancing Public Safety in the Interior of the United States

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

This Executive Order was revoked by President Biden effective January 20, 2021. EO 13768 had sought to:

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