December 4: Supreme Court allows Travel Ban 3.0 to Take Effect

On December 4, 2017, the Supreme Court of the United States lifted preliminary injunctions that had partially blocked Travel Ban 3.0. As a result, the government is allowed to enforce the travel ban on all 8 countries, pending resolution of the government's appeal to the Ninth and Fourth Circuits, and during any further Supreme Court proceedings on that issue.

Travel Ban 3.0 was originally issued on September 24^th as a Proclamation and indefinitely blocked entry into the U.S. for certain individuals from eight countries: Iran, Libya, Chad, North Korea, Syria, Somalia, Venezuela, and Yemen. The ban applied immediately to those who are covered by the Second Executive Order and who lack a credible bona fide relationship to a person or entity in the U.S.

International students and scholars do have a credible bona fide relationship with Tulane and thus the proclamation does not apply. However, please note that these individuals may still be impacted by enhanced screening. We have also seen enhanced screening for some individuals from other countries outside of those listed in the proclamation.

To learn more about Travel Ban 3.0 click here. As we get more information, we will keep you updated. For a summary of all executive actions/proclamations restricting entry to the U.S, you can view our blog. OISS will continue working with our campus partners, legal counsel, and professional associations to assess information related to any immigration policy changes that could potentially take place.

Other Resources:

·         NAFSA Resources on Executive Orders and Travel Bans

• Presidential Proclamations: Questions and Answers, Penn State Law Center for Immigrants' Rights, September 29, 2017.
• Presidential Proclamation Summary, Penn State Law Center for Immigrants' Rights, September 27, 2017.
• Fact Sheet, prepared by Muslim Advocates and the American-Arab Anti-Discrimination Committee with input from Shoba Sivaprasad Wadhia of the Center for Immigrants' Rights Clinic, September 25, 2017. 

September 25, 2017: Presidential Proclamation

On September 24, the President issued a Proclamation that indefinitely blocks the entry for certain individuals from eight countries: Iran, Libya, Chad, North Korea, Syria, Somalia, Venezuela, and Yemen (Sudan has been dropped and Chad, North Korea, and Venezuela have been added). The Proclamation applies immediately to those who are covered by the Second Executive Order and who lack a credible bona fide relationship (see examples below) to a person or entity in the U.S.

For all other persons, including nationals of Iran, Libya, Syria, Yemen, and Somalia who have a bona fide relationship in the U.S., and nationals of Chad, North Korea, and Venezuela, the new ban becomes effective at 12:01 A.M. on October 18, 2017.

For more clarification on the specific restrictions to citizens from these countries you can use Penn State Law’s Center for Immigrants’ Rights Fact Sheet. *Please note that for Iran it says F, M, and J student visas; it should say, F & M student visas and J Exchange Visitor visas.

What counts as a “bona fide relationship” with the United States?

Below are some examples of a “bona fide relationship” with a person or entity in the U.S.:

• Individuals who have a close familial relationship in the United States, such as an individual who wishes to enter the United States to live with or visit a family member.
• The relationship must be formal, documented, and formed in the ordinary course, rather than for the purposes of evading EO-2.
• Individuals who have a “formal, documented” relationship with an American entity that was “formed in the ordinary course.” Examples of such a relationship include:
• Students who have been admitted to an American university.
• Those traveling as a U.S. sponsored exchange visitor.
• Lawful permanent residents (green card holders).
• Those with a temporary or permanent visa issued before the effective date.

Supporting Materials and Resources:

• PowerPoint Presentation by Tulane Law School Professor Leila Hass from the information session that took place on September 24.
• Penn State Law’s Center for Immigrants’ Rights Fact Sheet, Penn State Law Center for Immigrants' Rights Clinic, Muslim Advocates, and American-Arab Anti-Discrimination Committee, September 25, 2017.
• Fact Sheet: Proclamation on Enhancing Vetting Capabilities & Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats, The White House Office of the Press Secretary, September 24, 2017.
• FAQ: Proclamation on Enhancing Vetting Capabilities & Processes for Detecting Attempted Entry Into the United State by Terrorists or Other Public-Safety Threats, The White House Office of the Press Secretary, September 24, 2017.

As we get more information, we will keep you updated. Be sure to regularly check the blog. OISS will continue working with our campus partners, legal counsel, and professional associations to assess information related to any immigration policy changes that could potentially take place.

June 27, 2017: U.S. Supreme Court Reinstates Portions of 2nd Executive Order

On March 6, 2017 President Trump signed into effect a revised version of his initial ‘travel ban,’ known as Executive Order 2 (EO-2). It temporarily banned travel to the United States by foreign nationals from Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days.  EO-2 did not apply to U.S. lawful permanent residents, and foreign nationals who had already been granted asylum or had already been admitted to the U.S.

Yesterday, on June 26, 2017 the U.S. Supreme Court agreed to partially uphold and reinstate portions EO-2. This reinstatement specifically targets persons from the six countries who cannot show a “credible bona fide relationship with a person or entity in the United States.” Such persons will not be allowed an entry unless they are granted a “waiver of entry.”

Legal analysis of the court’s decision indicates that EO-2 will not apply to international students and scholars. Below is a summary of the court’s decision.  If you have any questions or concerns, please do not hesitate to contact our office at any time.  If you are currently outside the U.S. and have concerns or you plan to travel in the coming months, please get in touch with us.  We can help you sort through options and we can also connect you with free legal assistance for issues related to the executive order.

What counts as a “bona fide relationship” with the United States?

Below are some examples of foreign nationals from the six countries who can claim a “bona fide relationship” with the U.S. and enter the country:

• Individuals who have a close familial relationship in the United States, such as an individual who wishes to enter the United States to live with or visit a family member.
• The relationship must be formal, documented, and formed in the ordinary course, rather than for the purposes of evading EO-2.
• Individuals who have a “formal, documented” relationship with an American entity that was “formed in the ordinary course.” Examples of such a relationship include:
• Students who have been admitted to an American university.
• Workers who have accepted an offer of employment from an American company.
• Lecturers who have been invited to address an American audience.

The U.S. Supreme Court will hear the case during the October 2017 term. 

Supporting Materials and Resources:

• Timeline on Travel Ban Litigation
• Analysis of Ruling
• ACLU: Know your Rights at the Airport

As we get more information, we will keep you updated. Be sure to regularly check the blog. OISS will continue working with our campus partners, legal counsel, and professional associations to assess information related to any immigration policy changes that could potentially take place.

Trump Administration Issues Congressional Notice of Intention to Renegotiate NAFTA

On Thursday, May 18, 2017, the Trump Administration issued official notice to Congress of its intention to begin renegotiation of the North American Free Trade Agreement (NAFTA) on behalf of the United States with the other member countries of Canada and Mexico. Based on the broad language in the notice to Congress, it is unclear at this time whether the provisions of NAFTA relating to immigration will be affected.

Under current U.S. and Canadian immigration laws, NAFTA provides for employer sponsorship of nationals of Canada, Mexico, and the United States, who fall under a set list of over 60 professional occupations (i.e. engineers, computer systems analysts, physicians, university professors), as well as options for treaty traders and investors between Canada, Mexico, and the United States. Tulane has less than 10 employees in TN status.

If applicable, OISS will provide updates on developments in NAFTA renegotiations as they impact the immigration options available to employers, as well as treaty traders and investors, in the member countries of Canada, Mexico, and the United States. Please contact OISS if you have any questions or concerns related to the TN visa.

April 20 Buy American and Hire American Executive Order

On April 18^th, President Trump signed an Executive Order (EO): Buy American and Hire American, targeting the H-1B visa program. The EO is meant to curtail perceived program abuses that involve the alleged use of lower-skilled and lower wage workers to replay U.S. workers in the job market. Below are some important points to keep in mind about what the EO contains:

•  The order states broad policy directives to various government agencies. It does not set  forth specific ideas or proposed actions to further the policy.
•  It calls on the Secretary of State, Labor, and Homeland Security, and the Attorney General to “propose new rules and issue new guidance to supersede or revise previous rules and guidance if appropriate.”
• The agencies are directed to suggest reforms to help ensure that H-1B visas are awarded to the most skilled or highest-paid petition beneficiaries. This means there might be a change in administration of the annual H-1B quota to favor petitions that offer the highest salaries or are filed for those with advanced degrees.

We would like to highlight again that the order does not contain any specific changes yet, but as we get more information, we will keep you updated. Be sure to regularly check the blog. OISS will continue working with our campus partners, legal counsel, and professional associations to assess information related to any immigration policy changes that could potentially take place.

March 20 Immigration Executive Order Updates

For up-to-date information on the status of President Trump's executive orders issued on January 27 and March 6, please check the National Association of International Educators (NAFSA) website: http://www.nafsa.org/Content.aspx?id=57746

March 8 Message from Satyajit Dattagupta, VP of Enrollment Management and Dean of Admissions

Dear Students,

I write to you because I am deeply saddened and angered by the attacks on three Indians in incidents in Washington, Missouri, and South Carolina. There are no words which can describe the fear and sorrow the families and communities of these victims are going through. My thoughts are always with them.

I also know that some of you have had personal experiences in New Orleans that have made you feel unwelcome. However, I believe these are isolated incidents that do not define what the United States stands for, and do not reflect the attitudes and beliefs of the millions of people who live here.

As a student when I came to this country 18 years ago, I quickly learned that there are people of good intent - and those of ill that represent every race. By living in a nation built upon hundreds of years of immigration from every part of the world, I came to see that I was just one of so very many who had come here in search of a better life.

I still believe in the American dream. I believe in an America that allows people to succeed regardless of the color of their skin, their religion, or their appearance.

However, one cannot ignore the current climate in the U.S. or that the victims in all three of these incidents targeted were Indian, and I wanted to give you some specific advice as well.

Firstly, I counsel everyone to be patient during this time. I believe that this is a phase of isolated incidents that will pass. I don’t believe anyone should jeopardize their future with any decisions in the heat of the moment.

Secondly, I would suggest caution and awareness. Do not argue or engage with people when remarks are made about your presence here. You will not change their minds. And never let their hate convince you that you are somehow less because of where you come from.

And lastly, I suggest that you think ahead to the future, to visualize your life as a successful student and professional rather than being derailed by the acts of a few ignorant people.

Immigrants have always sought new opportunities and taken brave steps across the world. In America, they have made great opportunities, built strong communities, raised families, and lived prosperous lives. And in this process, they have become another part of the success of the American dream.

We are a resilient people. Nothing will ever change that.

I also want you to know that I am available to talk with you if you need, and can reach me at satyajit@tulane.edu.

Thank you.

Satyajit Dattagupta
Vice President for Enrollment Management and Dean of Admission
Tulane University