Skip to main content
Home > FAQs >

FAQs on Executive Order of January 27, 2017

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 President's Executive Order of January 27, 2017, "Protecting the Nation from Terrorist Entry into the United States."

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.

January 27, 2017 Executive Order

What does the Executive Order do?

Among its provisions, the Executive Order suspends 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 are:  Iran; Iraq; Libya; Somalia; Sudan; Syria; and, Yemen.  Although the Order covers 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 

What is the latest update?

A federal court judge in Seattle, Washington has 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 could seek a new review by the Circuit Court, or could appeal the decision to the U.S. Supreme Court, all reports indicate that the existing order will be rescinded, and a new Executive Order issued sometime during the week of March 6. Because the situation is fluid, it is still advisable for individuals from the seven countries to not travel outside the U.S.

Who is impacted?

Under the Order, international students, scholars, faculty and staff who are citizens of one of the above countries will not be allowed entry to the U.S. for 90 days, possibly longer. The Order exempts individuals who are traveling on a diplomatic visa, NATO visa, C-2, G-1, G-2, G-3 and G-4 visas.

Are U.S. lawful permanent residents (green card holders) exempt?

The White House issued a Memorandum on February 1, 2017 clarifying that the Order does not apply to individuals with lawful permanent residence (green cards) in the United States.

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

While the White House has not specifically stated that individuals with dual citizenship in one of the seven countries and another country (other than the U.S.) are exempt, the U.S. Customs and Border Protection Agency has stated that “Dual nationals with a valid immigrant or nonimmigrant visa in a passport issued by any country not restricted under the Executive Order will be permitted to apply for admission to the United States.” 

https://www.cbp.gov/border-security/protecting-nation-foreign-terrorist-entry-united-states 

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.

Is the list of countries being expanded?

While there have been widespread reports that the White House will expand the list of countries, the Department of State has advised that there has been no information issued by the White House to support these reports.  OVIS will continue to monitor this and provide any updates as they become available.

What is Dartmouth doing in response to the Executive 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 Executive Order, and stated Dartmouth’s support for its repeal. Read the full message.

He has 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 has reached out directly to affected individuals to advise them not to 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 do not depart the U.S.

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. 

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 seven consider with regard to travel?

There are unconfirmed reports that the White House will expand the list of countries.  At this time no official action has been taken. We will continue to monitor what is happening and issue updated information as it becomes available.

If you are from a country OTHER than one of the seven 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/

Other 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 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.

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

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

Last Updated: 2/24/17