Executive Orders on Immigration
June 26, 2017 US Supreme Court decision related to the March 6, 2017 Executive Order
On March 6, 2017, President Trump signed Executive Order 13780, entitled "Protecting the Nation from Terrorist Entry into the United States." EO 13780 includes a revised 90-day entry ban on citizens of six nations in the Middle East and Africa, which was set to become effective on March 16, 2017. However, two U.S. District Courts (Hawaii and Maryland) have issued orders that currently prevent the Government from enforcing that ban. In a June 26, 2017 decision, the U.S. Supreme Court partially granted the government's request to stay the preliminary injunctions. The decision, however, contains an important exception that upholds the injunction for individuals "who have a credible claim of a bona fide relationship with a person or entity in the United States." Most students and scholars, therefore, should continue to be exempt from the 90-day bar.
Here’s what we know:
- Starting at 8 pm EDT on June 29, 2017 US consulates and embassies around the world will no longer approve visas for people traveling on passports from Iran, Libya, Somalia, Sudan, Syria, or Yemen to come to the United States, unless those people can establish a “bona fide relationship” with someone or something in the US.
- Anyone who already has a valid visa as of 8 pm EDT on June 29 is supposed to be allowed into the US, according to President Trump’s executive order.
- A “bona fide relationship” can be with a business or university in the US — for example, if the person has a job offer or a conference invitation — or it can be with certain family members.
- Only certain family members, however, will count as “bona fide” relationships. According to the US Department of State applicants or refugees seeking to be admitted to the US who have a “parent (including parent-in-law), spouse, child, adult son or daughter, son-in-law, daughter-in-law, sibling” or half sibling — or a “step” version of any of those relationships (stepparent, stepchild, etc.) — in the US will be approved, because that relationship counts as “bona fide.” But other relationships do not — including grandparents and grandchildren, fiancés, aunts, uncles, nieces, nephews, and cousins.
- People traveling for business, meanwhile, are only going to get visas if the US government determines that they’re not just being invited to the US to circumvent the ban.
- There are exceptions. Consular officers are supposed to grant visas to people who’d otherwise be banned in some particular circumstances — for example, if they’re in need of urgent medical care or doing business with the US government — or if the officer (with leadership approval) decides that denying the visa would cause undue hardship and allowing the person to come is in the US’ national interest.
Statements and updates
Additional Resources on Immigration
NAFSA: International Association of International Educators offers an excellent summary of the U.S. immigration system, government agencies and the process of change on their Practical Immigration Concepts in a Time of Change webpage. More detailed information can also be found in the following sources (from full resource list at NAFSA.org):
- How Laws are Made and Presidential Executive Orders available on the USA.gov website
- The Legislative Process available on the Congress.gov website
- Series of videos describing the legislative process available on the Congress.gov website
- Guide to the Rulemaking Process by the Office of the Federal Register
Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen
1) SCU has three graduate students who must remain in the US to finish their studies.
2) SCU has one visiting faculty scholar who must remain at SCU through the end of Spring Quarter, when his program is scheduled to conclude.
3) SCU has two incoming international graduate students for Spring 2017 who will not be able to enter the US.
4) SCU has one visiting faculty scholar who was scheduled to begin his program at SCU this Winter quarter who will not be able to enter the United States.
At SCU our student population is predominantly studying in undergraduate and Masters programs rather than researching or pursuing PhDs. This means that their academic experience is more bound to our on-campus academic terms. Typically, we do not have students and researchers traveling all over at any given time in the middle of the term. This has limited the immediate impact on our community. Nationally, the campuses most directly impacted by this are the research universities with large PhD and Medical programs as well as hundreds of short-term visiting international faculty/scholars.
Our international student advisors in the Global Engagement Office are available to talk with you about immigration concerns or concerns related to your academic success. Stop by during drop-in advising:
|International Students & Scholars Program||2:00 PM - 4:00 PM PST||2:00 PM - 4:00 PM PST||10:00 AM - 12:00 NOON PST||10:00 AM - 12:00 NOON PST||10:00 AM - 12:00 NOON PST|
Other support available to you:
We are not aware of any SCU students, faculty or staff or their families who have been detained at airports or directly impacted in their travel
Global Engagement has long recommended that all international students refrain from travel outside of the US while their academic term is in session since their immigration status is tied to demonstrating that they are here to study and, presumably, are attending class. Since the Executive Order does not include restrictions for international students from countries other than the seven countries listed there is nothing in the current EO that would prevent travel for international students not from one of the seven countries. That said, since the new US Presidential administration has taken office we have entered a highly unpredictable environment related to immigration. This means that what is true today could change in an instant, as we saw with the EO issued on January 27, 2017. We strongly recommend that all international students wishing to travel outside the US and return should carefully consider their options.
Yes, SCU ranks 11th among all US Master’s Universities for the total number of international students that we host. Within our international student population we are proud to have 464 international students from countries with significant Muslim populations including: Burundi, Kenya, Rwanda, Uganda, Cameroon, Congo, Democratic Republic of the Congo, Mozambique, Zambia, Benin, Ghana, Nigeria, Bangladesh, India, Kyrgyzstan, Nepal, Pakistan, Turkey, Indonesia, Malaysia, Philippines, Singapore, Thailand, Timor-Leste/East Timor, Vietnam, Iran, Israel, Jordan, Saudi Arabia, United Emirates, Egypt, Morocco and Tunisia.
If your family member hopes to enter the US from one of the seven countries specified in the Executive Order, they should expect that their entrance to the US will be denied and they should not plan to travel.
The Customs and Border Patrol (CBP) advises that the Executive Order applies to dual nationals but that they will be “treated according to the travel document they present”: https://www.cbp.gov/border-security/protecting-nation-foreign-terrorist-entry-united-states. We recommend that dual nationals consult a Global Engagement advisor or an immigration attorney prior to engaging in travel.
National Context of the Executive Order
The Executive Order is having a massive impact on universities across the US. The institutions most affected are those with significant doctoral programs, particularly Ph.D. and MD. As well, universities with large programs for visiting short-term international scholars/faculty/researchers are being highly impacted. To learn more about these institutions see the Institute of International Education (IIE) Open Doors reports on the research universities with the largest numbers of students and scholars here:
Yes. In 2015 international students contributed over $30.5 billion to the US economy according to the US Department of Commerce. Notably, 72 percent of all international students in the US receive the majority of their funds from sources outside of the US including personal and family sources, assistance from home country government or universities. For more information see the NAFSA International Student Economic Value Tool website.
From Fortune Magazine: "Colleges Could Lose $700 Million a Year Because of President Trump's Immigration Ban"
Michael Engh, S.J., President, made a statement to faculty, staff, and students expressing grave concern over the changes. He joined numerous professional and educational associations in their stance against the changes, including the Association of Catholic Colleges and Universities, Association of Jesuit Colleges and Universities, Jesuit Refugee Service/USA, American Council on Education, and the U.S. Conference of Catholic Bishops.
Below are responses from university presidents and leaders:
- Association of Jesuit Colleges and Universities (AJCU)
- Association of Catholic Colleges and Universities (ACCU)
- American Council on Education (ACE)
- Association of American Colleges & Universities (AAC&U)
- President Janet Napolitano and the Chancellors of the University of California
- Ivy League Universities
- Jesuit Refugee Service/USA
- US Conference of Catholic Bishops
- Association of Public & Land-Grant Universities
- Association of Universities Entrusted to the Society of Jesus in Latin America (AUSJAL) and the Mexican Jesuit University System (SUJ)
- Running list of University/College and Higher Learning Organization/Association responses
Executive Order Impact for Lawful Permanent Residents (Green Card Holders)
On January 29, 2017 the US Department of Homeland Security (DHS) issued a fact sheet invoking an exception to the entry ban for Lawful Permanent Residents of the United States travelling on a valid I-551 (green card). Lawful Permanent Residents will be assessed at arrival ports of entry, and will be permitted entry subject to security checks.
See guidance from US Customs and Border Protection (CBP) related to Lawful Permanent Residents, particularly the FAQs, available on the CBP website here: https://www.cbp.gov/border-security/protecting-nation-foreign-terrorist-entry-united-states:
Under the recent guidance from the White House, we will continue to ensure that lawful permanent residents are processed through our borders efficiently. Under that guidance, the Executive Order issued January 27, 2017, does not apply to their entry to the United States. U.S. Customs and Border Protection will continue to execute its mission to protect the homeland in its processing of all individuals at ports of entry.
Under the recent guidance from the White House, CBP will continue to ensure that LPRs are processed through our borders efficiently. Under that guidance, the Executive Order entitled "Protecting the Nation from Foreign Terrorist Entry into the United States" does not apply to LPRs’ entry to the United States. Prior to this guidance, and as of February 1, 2017, CBP processed 1,610 waivers for LPRs to re-enter the United States.
https://www.cbp.gov/border-security/protecting-nation-foreign-terrorist-entry-united-states: Two. One, who was entered into proceedings based on a criminal record. Another individual chose to return to Canada and withdrew his request for entry
Executive Order Impact for Undocumented and DACA Students
The Executive Order does not relate to Undocumented or DACA students; it relates to international students and faculty specifically from Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen
See SCU’s Undocumented Student Resources website: https://www.scu.edu/lead/undocumented-students-resources/
Resources for SCU faculty
- VITAL (a reading/discussion group on teaching) has focused in 2016-17 on inclusive pedagogies, teaching across lines of difference (including politics), how to address hot topics (such as the executive order) and respond to moments of incivility and hostility. Working bibliography . Winter Quarter discussions on Feb 15 and March 7.
- SCU Faculty are currently sharing resources on the executive order in this community folder, which includes teaching ideas.
- Mentoring and individual consultations about effective teaching (in general and on the executive order) are always available through faculty development.
- Your senior colleagues and department chair will have particular ideas about how to respond in the context of your discipline.
- Consider connecting your class discussions and readings to programs such as this year's Ignatian Center Bannan Institute Discussions on Racial and Ethnic Justice and the Common Good, or resources and colleagues at The Markkula Center for Applied Ethics.