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 VenezuelansOn 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
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:
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July 14, 2020 Executive Order on Hong Kong NormalizationExecutive Order 13936 of July 14, 2020, The President's Executive Order on Hong Kong Normalization
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:
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June 22, 2020 Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus OutbreakThis 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:
Section 3(a) stated, however, that the suspension will only be applied to individuals who:
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
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May 29, 2020 Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People's Republic of ChinaOn 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.
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May 19, 2020 Executive Order on Regulatory Relief to Support Economic RecoveryOn 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:
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 ImmigrantsRevoked 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."
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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 CountriesPresident 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.
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 4.0Proclamation 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. |
Executive Order 13891 on Promoting the Rule of Law Through Improved Agency Guidance DocumentsStatus: 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 SystemPresident 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:
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.
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Travel Ban 3.0Presidential 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. |
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) |
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:
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Presidential Memorandum of March 6, 2017 on Heightened Screening and VettingPresident 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:
Signed and effective on March 6, 2017, revoked on February 4, 2021. |
Enhancing Public Safety in the Interior of the United StatesExecutive 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:
Signed January 25, 2017 |
Executive Order 13767Border Security and Immigration Enforcement Improvements
Signed January 25, 2017 DHS DHS 2/20/17 Implementation Memo 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 |