Students Affected by Travel Ban Executive Order

Updated September 26, 2017

The White House announced a new travel ban, which will replace the travel ban it had previously announced earlier this year.

The new ban applies to citizens of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela (though only in limited cases), and Yemen. Furthermore, though Iraq is not included in the list of countries, the Executive Order said Iraqi nationals would also be “subject to additional security to determine if they pose risks to the national security or public safety of the United States.”

While it is too soon to know how the new Executive Order will be enforced – particularly with regard to “enhanced screening and vetting requirements,” – it does appear to permit the continued issuance of student (F and M) and exchange visitor (J) visas from all of the countries above, with the exception of North Korea and Syria. (It is unlikely the addition of North Korea to the list will have an impact, as North Korean citizens are typically not permitted to leave their country.)

In the case of Iran, the order explicitly states that these visa types are not suspended; in the cases of Chad, Libya, Somalia, Venezuela, and Yemen, the ban appears  only to apply to those seeking residency, as well as B-1, B-2, and B-1/B-2 visas. The new policies around Somalia and Venezeula are also different from the other nations covered by the ban. Somalian nationals will be “subject to additional scrutiny to determine if applicants are connected to terrorist organizations or otherwise pose a threat to the national security or public safety of the United States.” Visas for Venezuelan nationals seeking to enter the US on B-1, B-2, or B-1/B-2 visas will only be suspended for officials of Venezuelan government agencies who are involved in screening and vetting procedures, and their immediate family members.

The new ban is already in effect for nationals of Iran, Libya, Syria, Yemen, and Somalia (although those claiming a bona fide relationship with a person or entity in the United States have until October 17, 2017 to apply for a visa); it will go into effect for nationals of Chad, North Korea, and Venezuela, as well as anyone claiming a bona fide relationship, on October 18, 2017.

Current student visa-holders should not be immediately affected by the new ban, though if their visas were to expire prior to the completion of their studies, it is not clear how easy it will be to renew them – and for citizens of Syria and North Korea, it would likely be impossible, unless the student could obtain one of the types of waivers listed in the announcement.

As it has with each previous version of the travel ban, the University will continue to make its voice heard in opposition to it, on both the advocacy and legal fronts.

We know this is all complicated – and likely disconcerting – so as always, should you have any questions or concerns about your ability to enter or reside in the United States, please contact the Office of Global Services.

In addition, members of the community (including students, staff, and faculty) who wish to speak to an immigration attorney are advised to contact NYU Law’s Immigrant Defense Initiative, by calling (212) 998-6640 (voicemail) or emailing immigrant.defense@law.nyu.edu to schedule an appointment.

 

Updated June 26, 2017

The United States Supreme Court announced today that it will hear the Trump Administration’s appeal, which seeks to have its revised travel ban upheld, this October.

In its announcement, the Court also prevented the government from enforcing the ban “against any foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States.”

The revised travel ban did not apply to current visa holders, and we don’t anticipate that today’s announcement should directly affect current members of the NYU community. However, the University will continue to monitor the case closely, and will be submitting an amicus curiae brief in the Supreme Court case this fall, which will continue to focus on our key concerns (as stated in our amicus briefs filed in the two cases heard by Appeals courts this spring):

By obstructing the entry of international students, faculty and other scholars into the United States based solely on their having come from one of the Muslim- majority countries singled out for adverse treatment in the Executive Order — without any reason to believe that the individuals are involved at all in any terrorist activity —the Order would gratuitously and unlawfully encumber NYU’s ability to conduct its many international programs, which rely on input from faculty and students from the affected countries; impair its ability to transmit its strongly-held values abroad; and obstruct its ability to provide to all of its students the educational benefits that flow from a fully diverse student body and faculty.

As always, should you have any questions or concerns about your ability to enter or reside in the United States, please contact the Office of Global Services.

Updated: March 16, 2017

On March 15, a federal judge in Hawaii issue a temporary restraining order blocking the revised travel ban from taking effect. Early on March 16, a federal judge in Maryland issued a separate ruling which prohibited the six-country ban from being implemented.

On March 14, NYU filed amicus curiae briefs opposing the ban in Hawaii and a similar case in Washington state (New York State has joined the Washington suit).

The University continues to follow the situation closely and will update this page as further information becomes available.

 

March 6, 2017

On March 6, the White House issued a revised Executive Order, which replaced its original Order of January 27, 2017. The new order goes into effect at 12:01am, EST, on March 16, 2017.

There are a few key differences to the revised order which should mitigate its impact on many -- though not all – members of the NYU community.

  • Iraq is no longer included in the order; it currently applies to nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen, and will be in effect for at least 90 days.
  • The revised Order explicitly exempts U.S. Permanent Residents, so any Green Card holders from those six countries should be unaffected.
  • The revised order explicitly exempts dual passport holders who are traveling on a passport from an unrestricted country.
  • The revised order exempts any individual who currently holds a valid visa, which means nationals of the six countries should be able to travel to and from the United States as long as their visa is current. There is one important exception: If you are in the U.S. on a single-entry visa, you will likely face challenges in receiving a new visa should you leave the country while the Order is in effect.

Despite the language in the new order, we still strongly encourage nationals from the six countries to consult with NYU’s Office of Global Services, and to complete their International Travel Form, prior to departing – or attempting to enter – the United States.

While this order contains a number of improvements, significant problems remain.

For one, it will present specific difficulties for those students who were hoping to secure US work visas following their graduation.

And more broadly, we are concerned about the message this order sends to the rest of the world. The US has long been respected for the quality of its colleges and universities – it is the international "gold standard" for higher education – and for their accessibility. This tradition has enabled us to attract the world’s leading students and scholars to our shores, making our universities better, fueling our local, state, and federal economies, and amplifying the effect of our cultural diplomacy efforts. Taken together, this yields enormous dividends to all involved.

As we did after the initial order was released, we are reviewing avenues for potential legal recourse and advocacy efforts.  We will continue to do everything possible to protect members of our community, and to demonstrate that we are a community in which everyone is welcome.

And as previously announced, NYU has also launched a new Immigrant Defense Initiative, coordinated through the Law School’s Immigrant Rights Clinic, in partnership with Wilmer Cutler Pickering Hale and Dorr LLP. The Initiative provides NYU students and staff who are at risk of deportation with confidential advice and legal representation. You can contact the Initiative at (212) 998-6640 (voicemail) or immigrant.defense@law.nyu.edu to schedule an appointment.