Trump Administration Policy Updates

ISSS continues to analyze the impact of the Executive Orders signed by President Trump and will issue additional guidance as we learn more. We recognize that these changes bring uncertainty and encourage international students, scholars, and faculty to reach out to our office with questions or concerns. You can contact us at istudent@ucsc.edu, ischolar@ucsc.edu, or come by during walk-in hours.

We are also working closely with the UC Office of the President, our sister UC campuses, as well as other professional organizations to monitor the continuing issues impacting our international community. Please take a moment to read UC President Napolitano and the UC Chancellors' Statement on the recent Executive Orders. Links to additional information are listed at the bottom of this page.

Executive Order Updates

06/26/2017 

On Monday, June 26, 2017 the Supreme Court  granted the U.S. government’s request for a stay of the previous lower court preliminary injunctions to the Executive Order 13780 “Travel Ban.” This case will be revisited in October 2017. 
 
According to the order, the administration cannot block entry of individuals from the six affected countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen) and refugees from around the world if they have"a credible claim of a bona fide relationship with a person or entity in the United States."  This means that foreign nationals without any connection to the U.S. will be barred from traveling to the U.S. However, those traveling with valid work visas, student visas, or who have other connections to the U.S. should remain unaffected by the travel ban. 

4/18/2017 

On Tuesday, April 18, 2017, President Trump signed an executive order entitled "Buy American and Hire American." The "Buy American" piece addresses laws and policies about the use of goods, products, and materials produced in the U.S.

The "Hire American" provisions asks certain government entities to "propose new rules and issue new guidance" in order to prevent fraud and abuse in immigration systems and to protect American workers and their economic interests, while also suggesting "reforms to help ensure that H-1B visas are awarded to the most skilled or highest-paid petition beneficiaries." For now, there are no specific changes to any existing regulations with regard to the H-1B status.

3/15/2017

On Wednesday, March 15, 2017, the U.S. District Court in Hawaii issued a nationwide temporary restraining order, preventing the Government from enforcing sections 2 and 6 of the new executive order entry bar that was scheduled to go into effect on March 16, 2017. Please note that other sections of the EO will remain in effect, including suspension of the Visa Interview Waiver Program, increased screenings, and reviews of U.S. immigration policy. We continue to advise caution for travel outside the US for those students from the countries impacted by the ban.

3/6/2017

On Monday, March 6, 2017, President Trump signed a revised Executive Order placing a 90-day ban on individuals from six nations. The new Order will go into effect on Thursday, March 16, 2017. This new order revokes and replaces the Executive Order dated January 27th, 2017.

What is different about the revised Executive Order?

Citizens of Iran, Libya, Somalia, Sudan, Syria, and Yemen will be subject to the 90-day travel ban, as with the original January 27th Order. Iraq has been removed from the banned list.

Dual nationals, green card holders and those who held valid visas prior to 01/27 and prior to the 03/16 implementation, from the named countries, will not be affected.

2/9/2017

On Thursday evening February 9, 2017, the Ninth Circuit Court of Appeals denied the government's emergency motion for a stay on the District Court's temporary restraining order preventing the government from enforcing Executive Order 13769's 90-day entry bar. This means that the travel ban remains lifted until a new decision, pending appeal at the Supreme Court. Please refer to the Ninth Court of Appeals website for more detailed information.

TEMPORARY RESTRAINING ORDER - On February 3, 2017, the U.S. District Court for the Western District of Washington in Seattle granted a temporary restraining order (TRO) that temporarily prohibits the Federal government from enforcing Section 3(c) of Executive Order 13769, the provision establishing the 90-day ban on entry of "immigrants and nonimmigrants" from the seven countries and also temporarily reverses the decision to revoke visas of individuals subject to the ban.

The Trump Administration appealed the TRO on 02/04/17, requesting an immediate administrative stay to maintain the TRO while the appeal decision was pending. The immediate stay was denied by the Ninth Court of Appeals, but they will continue considering an emergency stay. Both parties involved in the case were required to submit additional filings for consideration by 3pm Pacific Time on February 7, 2017. Documents regarding the current litigation are available on the Ninth Court of Appeals website. Customs & Border Protection (CBP) has also updated their Executive Order FAQ to reflect new language regarding the TRO. Keep in mind the restraining order is a temporary measure, and subject to change. ISSS advises against travel outside of the U.S. at this time for those individuals from the seven countries affcected by the ban, as the situation is changing frequently.

1/27/2017

Effective January 27, 2017, President Trump signed Executive Order 13769, titled "Protecting the Nation from Foreign Terrorist Entry into the United States." This Executive Order carries the following provisions:

Individuals from all countries:

  • Suspension of Visa Interview Waiver Program: Any individual seeking a visa, whether an initial visa or a renewal, will be required to undergo an in-person interview at a U.S. Embassy or Consulate. Previously an in-person interview could be waived based on applicant's age or if an individual was renewing a visa within the same category. The new rule likely entails longer processing times to obtain U.S. visas. If you are from a visa-exempt country, such as Canada or Bermuda, this change should not affect you.

Individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen:

  • Suspension of Visa Issuance: Visa issuance to any national of these seven countries has been suspended for 90 days, effective 01/27/17. If you are a citizen of one of these countries, the Department of State has advised you to not schedule a visa appointment or pay any visa fees at this time.
  • Suspension of Entry to the U.S.: The United States has placed an immediate 90-day ban, effective 01/27/17, on the entry of any national of these seven countries. This restriction currently applies only to those individuals traveling with a passport from one of the above countries who are in non-immigrant status (F-1, J-1, etc.). However, we advise those born in one of the above countries but who have a green card or dual citizenship with a non-listed country, to be very cautious and to refrain from international travel, if possible.

See Also