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International Travel and the Recent Executive Order


Latest News on the Trump Executive Order
Posted June 27, 2017

On June 26, 2017, the U.S. Supreme Court partially granted the government’s request to stay the preliminary injunctions on the 90-day entry ban for nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen, in accordance with President Trump’s March 6 Executive Order 13780 (“EO-2”). The decision by the Court contains an important exception, however, 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.”

TThe Court states that, "the relationship must be formal, documented, and formed in the ordinary course, rather than for the purpose of evading EO-2."

The Court provides the following examples of the types of relationships that would likely qualify for exemption from the 90-day travel ban:

  • Students who have been admitted to a U.S. university (e.g., F-1 and M-1 students)
  • Workers who have accepted an offer of employment from a U.S. company (e.g., H-1B, O-1, TN)
  • Lecturers invited to address an American audience
  • Individuals with a close familial relationship in the U.S.
Therefore, most students and scholars should continue to be exempt from the 90-day ban.

What should you do?

We strongly encourage international students and scholars traveling to or from the six affected countries to seek guidance from an OIE advisor prior to international travel.

All travelers should expect increased scrutiny while passing through customs and immigration, including the possibility of being asked to undergo additional screening measures on a case-by-case basis.

Additional Information & Resources

There may be future changes to interpretation and/or implementation of the revised Executive Order. You can follow any changes on the websites listed below:

Department of Homeland Security, Press Release: June 29, 2017
https://www.dhs.gov/news/2017/06/29/dhs-announces-implementation-travel-restriction-provisions

Full Text of the June 26 U.S. Supreme Court Decision:
https://www.supremecourt.gov/opinions/16pdf/16-1436_l6hc.pdf

Full Text of the March 6 Executive Order:
https://www.whitehouse.gov/the-press-office/2017/03/06/executive-order-protecting-nation-foreign-terrorist-entry-united-states

NAFSA Travel Advisory for Nationals of Certain Countries Pursuant to Executive Orders
http://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/ Travel_Advisory_for_Nationals_of_Certain_Countries_Pursuant_to_Executive_Orders/

NAFSA Executive Order Travel Ban: NAFSA Resources
http://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/ Executive_Order_Travel_Ban__NAFSA_Resources/