Skip to main content
Home > FAQs >

Information on White House Immigration-Related Executive Orders

The Office of Visa and Immigration Services (OVIS) provides immigration advising and services to international students, scholars, faculty and staff. OVIS created this page to provide information to the Dartmouth Community regarding the changes in immigration policy that are happening under the new White House Administration, including the Executive Orders of January 27, 2017 and March 6, 2017.

April 18, 2017 Executive Order

On April 18, 2017 the White House issued an Executive Order entitled "Buy American Hire American." According to an April 17 White House press briefing, the Hire American portion of the Executive Order refers to "the body of law and policy concerning how our immigration, visa and guest worker programs are operated to ensure proper protections for American workers." While the Executive Order does not impose any immediate changes to current employment-based immigration programs, it does call for the Departments of Homeland Security, Labor, State and Justice to propose new rules and issue guidance on both temporary and permanent employment-based programs that would "protect the interests of United States workers." The Order also asks the agencies to suggest reforms to the H-1B program "to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries." OVIS will continue to monitor the implementation of the Order and update this page.

March 6, 2017 Executive Order and Fourth Circuit Court of Appeals May 25, 2017 Decision

On March 6, 2017 the White House issued a new Executive Order on immigration, "Protecting the Nation from Terrorist Entry into the United States." You can read the Executive Order and Fact Sheet here. On May 25, 2017 the Fourth Circuit Court of Appeals issued a decision upholding the Maryland District Court's preliminary injunction stopping enforcement of the March 6, 2017 Executive Order. On June 12, 2017 the Ninth Circuit Court of Appeals issued an opinion upholding the portion of the Hawaii District Court's injunction that blocked the 90-day ban on entry to the U.S. It did not block the section of the Executive Order that creates a framework for a future indefinite entry bar that could be applied to any country that is unwilling to provide the U.S. with the information it requires in order to issue a visa for admission.

On June 1, 2017 the federal government filed a petition asking the U.S. Supreme Court to accept its appeal of the Fourth Circuit's decision against the Executive Order. The administration is asking the Supreme Court to overturn the injunctions issued by the Maryland and Hawaii District Courts.

The March 6 Executive Order rescinded the January 27, 2017 Executive Order. Among its provisions, the new Order:

• Imposes a new 90-day bar on admission of individuals from six countries, including Iran, Libya, Somalia, Sudan, Syria and Yemen;
• Removes Iraq from the list of designated countries;
• Exempts U.S. permanent residents, dual citizens with citizenship in a designated country and a third country, and individuals with a valid U.S. visa for entry to the U.S.;
• Imposes a 120-day suspension of the U.S. Refugee Admissions Program, but removes the indefinite ban on refugees from Syria;
• Calls for expedited completion of a biometric entry-exit tracking system

Who would have been impacted by the March 6, 2017 Order?

According to the Order and Fact Sheet, the new entry bar will NOT apply to the following individuals who are citizens or nationals of the six countries:

• U.S. lawful permanent residents in possession of a valid green card or temporary I-551 stamp
• Nonimmigrants (i.e. H-1B, F-1, J-1, etc.) who are in the United States in lawful status on March 16, 2017
• Holders of a valid nonimmigrant visa that is valid for reentry to the U.S.
• Dual citizens of one of the six countries and the United States
• Dual citizens of one of the six countries and another country not on the list of six who enter the United States on the passport from the non-designated country
• Individuals who are traveling on a diplomatic visa, NATO visa, C-2, G-1, G-2, G-3 and G-4 visas

Individuals from one of the six countries who do not fall within one of the above exceptions would be subject to the entry bar for a period of at least 90 days from the date of the Order.

Would dual citizens with citizenship in one of the six countries and another country (other than the U.S.) be exempt?

Yes, the March 6 Order states that individuals with dual citizenship in one of the six countries and another country (other than the U.S.) are exempt. Because this situation is fluid, and airlines and individual U.S. ports of entry may not be implementing the Order consistently, OVIS recommends that individuals with dual citizenship contact their OVIS advisor prior to making any international travel plans, including to Canada.

Could the list of countries be expanded under the March 6 Order?

The March 6 Order includes provisions that would allow the government to expand the list of designated countries. OVIS will continue to monitor this and provide any updates as they become available.

January 27, 2017 Executive Order

The March 6, 2017 Executive Order rescinded and replaced the January 27, 2017 Order.

Among its provisions, the Executive Order suspended entry to the United States "of immigrants and nonimmigrants" from seven countries for a period of 90 days from the date the Order was signed. The seven countries included Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. Although the Order covered U.S. lawful permanent residents (green card holders), following significant public protest and a lawsuit by the ACLU, Department of Homeland Security Secretary John Kelly released a statement invoking an exception to the entry ban for U.S. lawful permanent residents on a case-by-case basis. A January 29, 2017 DHS Fact Sheet includes the language of the statement.

https://www.dhs.gov/news/2017/01/29/protecting-nation-foreign-terrorist-entry-united-states 

Litigation related to the January 27, 2017 Executive Order

A federal court judge in Seattle, Washington issued a temporary restraining order on continued implementation of the Executive Order nationwide. On Thursday, February 9, 2017 the Ninth Circuit Court of Appeals denied the government's request for an emergency stay on the District Court's temporary restraining order. The TRO prevents the enforcement of certain sections of the January 27 Executive Order, including the provision that prevented individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from entering the U.S., and the provision suspending the admission of refugees. While the government had the option to seek review by the Circuit Court, or appeal the decision to the U.S. Supreme Court, it instead issued the March 6 Executive Order expressly rescinding the January 27 Order.

Are applications for U.S. immigration benefits impacted by the Executive Order?

On February 3, 2017 U.S. Citizenship and Immigration Services (USCIS) updated its website with a statement that the agency will continue to adjudicate applications for benefits regardless of country of origin. There has been no indication that USCIS will change this policy in light of the March 6 Order. https://www.uscis.gov/news/alerts/uscis-implementation-jan-27-executive-order

What should international students, scholars, faculty and staff from countries other than the list of six consider with regard to travel?

OVIS will continue to monitor what is happening and issue updated information as it becomes available. For now, based on the Fourth Circuit's decision, the March 5 Order will not be enforced.  If you are a citizen of one of the designated countries, please contact your OVIS advisor prior to any international travel.

If you are from a country OTHER than one of the six listed and you have international travel plans, please ensure your passport is valid for reentry, that you hold the appropriate, valid visa in your passport, and that you carry with you all required immigration documents (Form I-20 for F-1 students, DS-2019 form for J-1 Exchange Visitors, H-1B approval notice for H-1B employees, etc.).

If you are traveling outside the U.S., and also need to apply for a new visa prior to returning to the U.S., you may experience additional delays during the visa application process, including administrative processing delays that can take several weeks to be completed. Please be sure to check with the U.S. embassy where you will apply for the visa for required documentation and timelines. You can find estimated wait times for visa applications on the State Department website: https://travel.state.gov/content/visas/en/general/wait-times.html/

Do Customs & Border Patrol agents have the right to search electronic devices at the borders and airports?

The government claims broad discretion in this area. Information about Customs & Border Patrol's search authority can be found on the agency's website. The ACLU has some helpful information on its website about how to prepare for and handle these situations at the land borders and airports.

What are the other immigration-related Orders?

On January 25, 2017 the White House issued two Executive Orders on border security and interior enforcement that will significantly expand deportations and detention of undocumented immigrants. The White House, in a memo released on February 20, 2017, stated that recipients of DACA would be exempt from these provisions. There are a number of organizations with helpful information and resources on their websites about these Executive Orders and the memos released by the Department of Homeland Security on February 20, 2017.

Helpful websites discussing the immigration-related Executive Orders

NAFSA - "Immigration Executive Actions Under the Trump Administration"
National Immigration Law Center - https://www.nilc.org
American Immigration Council - https://americanimmigrationcouncil.org

What about DACA?

DACA recipients are not impacted by the March 6 Order. For more information on DACA and undocumented students, please refer to the OVIS resource page at: http://www.dartmouth.edu/~ovis/daca.html

What legal resources are available?

American Civil Liberties Union (ACLU) of New Hampshire
Gilles Bissonnette, Legal Director
Phone: 603-224-5591 ext. 103
gilles@aclu-nh.orgwww.aclu-nh.org

ACLU of VT, Jay Diaz, Staff Attorney
Phone: 802-223-6304
jdiaz@acluvt.org

What is Dartmouth doing?

Dartmouth has formed an Immigration Working Group to monitor and analyze the impact of the Executive Orders and other immigration policy changes, and to share information with Dartmouth students, scholars, faculty and staff. Information about the Immigration Working Group can be found on the Office of the Provost website.

President Hanlon and Provost Dever sent a message to the Dartmouth community on March 8, 2017 regarding the March 6 Executive Order. Read the full message.

In response to the January 27 Order, on February 13, 2017 Dartmouth joined 16 other academic institutions as signatories to an amicus brief filed with the U.S. District Court for the Eastern District of New York in the case of Darweesh et al. v. Trump et al. The case challenges the January 27, 2017 Executive Order. The brief can be found here.

President Hanlon sent a message to the Dartmouth community on January 29, 2017 regarding the January 27 Executive Order, and stated Dartmouth's support for its repeal. Read the full message.

President Hanlon also joined other university presidents from across the nation in signing a letter to Donald Trump urging him to "rectify the damage" done by his executive order. Read more about this and the College's support for international students and scholars.

OVIS will continue to reach out to affected individuals to advise them regarding travel outside the U.S. OVIS is working closely with campus partners, including The Frank J. Guarini Institute for International Education, home of Dartmouth's Off-Campus Programs, to ensure that affected students, scholars, faculty and staff do not depart the U.S.

Government Websites

White House Presidential Actions -  https://www.whitehouse.gov/briefing-room/presidential-actions
Customs and Border Protection Agency FAQs - https://www.cbp.gov/border-security/protecting-nation-foreign-terrorist-entry-united-states
Department of State FAQs - https://travel.state.gov/content/travel/en/news/frequently-asked-questions.html
DHS Webpage - https://www.dhs.gov/executive-orders-protecting-homeland
DHS FAQs on the March 6 Order - https://www.dhs.gov/news/2017/03/06/qa-protecting-nation-foreign-terrorist-entry-united-states

Community Resources

The Dean of the College website includes a listing of community resources available to assist students in need of resources and support.

 

Last Updated: 6/13/17