2017 U.S. Immigration Policy Updates Archive

Travel Ban Update, December, 2017

On Monday, December 4th, the United States Supreme Court voted to allow the enforcement of a travel ban that had previously been struck down. Based on the December 2017 Supreme court ruling, the prohibitions put in place in the September 24th proclamation are in effect.

Presidential Proclamation (Travel Ban) Issued September 24, 2017

On September 24, 2017, the White House issued a Presidential Proclamation titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threats.”

The proclamation restricts visa issuance and entry to the United States for citizens/nationals of eight countries: Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. (Citizens/nationals of Sudan are no longer subject to the travel restrictions placed on them by the now-expired Executive Order 13780.) The Proclamation addresses different categories of visas and statuses for each of the eight countries. There will be a gradual implementation of the proclamation, beginning on October 18, 2017.

For more information about a proclamation versus an executive order, please see below.

The new restrictions mainly address the issuance of immigrant visas, (such as green cards), and B1/B2 business tourist visas, not the F1, J1, and H-1B visas used by many Drexel University students, scholars and employees.

Country Information:

Chad, Libya, Venezuela, and Yemen:

• Consulates are still issuing employment-based (such as, H-1B) visas, as well as F1 and J1 visas for passport holders from Chad, Libya, and Yemen.
• Entry is suspended for new immigrants and visitors (permanent residents and B2 tourists), though nationals of these countries may apply for a waiver. are still issuing F1 and J1 visas for passport holders from Chad, Libya, Venezuela, and Yemen. Consulates are still issuing employment-based (like, H-1B) visas from Chad, Libya, Venezuela, and Yemen.

Venezuela

• Consulates are still issuing employment-based (such as, H-1B) visas, as well as F1 and J1 visas for passport holders from Venezuela.
• Government officials and members of their immediate family are barred from receiving business and tourist visas (B1 and B2).

Iran:

• F1 and J1 visas are still being issued to students and scholars from Iran, although they may be subject to increased scrutiny (administrative processing is one potential result). All other visa categories are restricted for citizens/nationals of Iran. Employees may not be able to apply for employment based visas such as H-1B, O-1, unless they are eligible for a waiver. If you have questions regarding hiring an employee and need assistance, contact Drexel’s ISSS.

North Korea and Syria:

• Citizens/nationals of North Korea and Syria will not be issued nonimmigrant/immigrant visas in any category. Students, scholars and employees from these countries will not be able to obtain a visa to enter the United States unless they are eligible for a waiver.

Somalia and Iraq:

• Although there are no specific restrictions on nonimmigrant visa issuance for citizens/nationals of Somalia and Iraq, they will face additional security clearances in the visa application process.

Further Clarifications:

• In and outside of the US, all valid visas and green cards will remain active and cannot be revoked solely because of this Proclamation.
• People who hold dual citizenship (with one of the eight countries on the list and another country not on the list, ex. Dual Iranian-Canadian citizenship) are exempted from travel restrictions so long as they enter the US using the passport pertaining to the country not on the list.
• There will be a gradual implementation of the proclamation, beginning on October 18, 2017.
• This proclamation has no set expiry date. This is an ongoing process and we are likely to see an update to this order every 180 days until further notice.
• Citizens/nationals of Sudan are no longer subject to the travel restrictions placed on them by the now-expired Executive Order 13780.
• Drexel University advises that anyone from any of the above countries who wishes to travel consult with ISSS first. Any appropriate legal counsel referrals will be made. Consults can be requested by emailing isss@drexel.edu.
  

For more information you can read the Proclamation, the Fact Sheet and FAQ issued by the White House, and the announcement on the Department of State website.

DACA Announcement, September 5, 2017

On September 5, 2017, the Department of Homeland Security (DHS) initiated the orderly phase out of the program known as Deferred Action for Childhood Arrivals (DACA). DHS will provide a limited, six-month window during which it will consider certain requests for DACA and applications for work authorization, under specific parameters. Read the memorandum from Acting DHS Secretary Elaine Duke for details. (https://www.uscis.gov/daca2017)

Current DACA recipients may continue to use their employment authorization documents (EADs) through their current expiration date, unless the EAD is otherwise terminated or revoked.

DACA renewal applications pending as of September 5, 2017 will continue to be adjudicated on a case-by-case basis. DACA recipients whose benefits will expire between September 5, 2017 and March 5, 2018 may file for a renewal no later than October 5, 2017. Any DACA or associated EAD application filed after October 5, 2017 will be rejected by USCIS. This means that anyone who has a DACA-based EAD expiring between now and March 5, 2018 must file an extension by October 5, 2017.

All properly-filed initial DACA applications filed as of September 5, 2017 will continue to be adjudicated. No applications for first-time DACA applications will be accepted going forward.

Unfortunately individuals whose DACA EADs expire on or after March 6, 2018 are not eligible for a renewal.

Any member of the Drexel Community who has questions or concerns about their status or their study here at Drexel as a result of this announcement should reach out to ISSS as isss@drexel.edu. The office will make all appropriate legal council referrals.

Second Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States - issued March 6, 2017

First Presidential Executive Order: Protecting the Nation From Foreign Terrorist Entry Into the United States - Executive Order 13769 – issued January 27, 2017
Summary prepared by AILA and American Immigration Council, Jan. 27, 2017.

Presidential Executive Order: Enhancing Public Safety in the Interior of the United States - Executive Order 13768 – issued on January 25, 2017
Summary prepared by the National Immigration Project, Jan. 26, 2017 [PDF]

Presidential Executive Order: Border Security and Immigration Enforcement Improvements - Executive Order 13767 – issued on January 25, 2017
Summary prepared by AILA and American Immigration Council, Jan. 27, 2017.