Information on Executive Order

This page was last updated on June 28, 2017.

This page is intended to serve as an information hub for international students and scholars as they navigate the impact of changes in executive orders on their status. The University continues to monitor the situation closely.  Visit this page for updated information and resources.

Latest Developments

On June 26, 2017, the United States Supreme Court issued a ruling on the travel ban executive orders that were signed on January 27 and March 6, 2017. 

As a result of this ruling, some travel restrictions are back in force, but with important exceptions that protect students. On June 29 at 8:00 PM Eastern Standard Time, U.S. agencies began enforcing the March 6 Executive Order, which prohibits the issuance of U.S. visas to nationals of Iran, Syria, Sudan, Libya, Somalia, and Yemen for 90 days, unless they qualify for one of the exceptions listed below.

For the University of Dayton community, we are highlighting that the Executive Order’s Travel Restrictions do not apply to:

  • Nationals of one of the 6 countries who already have a valid visa on June 29, 2017. 
  • Students who have been admitted to a U.S. school (e.g., F-1, M-1, or J-1 student and their dependents), including students on post-completion OPT and STEM OPT and exchange visitors on post-completion academic training.
  • Workers who accept an offer of employment from a U.S. employer (e.g., H-1B, O-1, TN)
  • Lecturers invited to address an American audience.
  • Holders of a valid green card (permanent residency) or a temporary I-551 stamp.
  • Individuals with dual citizenship in one of the 6 countries and the U.S., or dual citizenship in one of the 6 countries and another country not on the list.
  • Individuals who can prove a close family relationship with someone in the United States. Under the Executive Order, “close family” has been defined as: a parent (including parent-in-law), spouse, child, adult son or daughter, fiancé(e), son-in-law, daughter-in-law, and brother or sister.

It’s important to know that a final and complete decision on the legality of the Executive Orders will not be made until after the Supreme Court returns from their break, in October 2017.

How will these changes be implemented?

The State Department has commented that individuals should continue to come in for their visa interviews as scheduled. Also, individuals who have visas and show up at the ports of entry on a flight, on a ship, or another method will be eligible to enter the United States, in accordance with normal screening and security procedures.

Please note, visa issuance and admission to the U.S. is always at the discretion of the U.S. Departments of State and Homeland Security. This remains unchanged.

Where can I find more information?

Please visit the resources at the bottom of this webpage. In addition, we encourage affected students, faculty and staff to visit the Department of Homeland Security’s new FAQ page.

Finally, students are welcome and encouraged to speak with an advisor at the International Student and Scholar Services office before making any travel plans.

Background

On January 27, 2017, President Trump signed an executive order which directly affected our international student, scholar, faculty and staff populations.  Most notably, the order suspended entry into the U.S. for individuals (who do not have permanent U.S. residency or citizenship status) from Libya, Iran, Iraq, Somalia, Sudan, Syria, and Yemen. The order also outlined increased security measures which would likely have an impact on travel and other benefits. 

On February 3, the original executive order was temporarily suspended by a federal court order.

On March 6, President Trump signed a new executive order that imposed a 90-day suspension of entry to the U.S. by nationals of six designated countries: Iran, Libya, Somalia, Sudan, Syria, and Yemen. Iraq has been removed from the list. The new, revised executive order included certain exceptions.

Individuals from the listed six countries are NOT included in the new entry ban if:

  • they have a valid green card (permanent residency) or a temporary I-551 stamp;
  • dual citizenship in one of the 6 countries and the U.S., or dual citizenship in one of the 6 countries and another country not on the list; or
  • a valid visa that was approved before January 27 or was valid as of March 6, 2017.

On March 15, 2017, a federal court in Hawaii blocked this second executive order by issuing a nationwide temporary restraining order. The U.S. government appealed the case to the Supreme Court. See the “latest updates” section above for the Supreme Court’s latest ruling, issued June 26, 2017.

It’s important to know that a final and complete decision on the legality of the Executive Orders will not be made until after the Supreme Court returns from their break, in October 2017.

Students should feel free to call or visit the International Student Support Services (ISSS) if they have question.  Faculty and staff should contact the Office of Legal Affairs.

What is an executive order?

An executive order is an order issued by the President of the United States, often to direct federal agencies and officials in their execution of laws or policies, or otherwise make policy pronouncements. The latest executive order is just one of a few that have been issued by President Trump so far. President Trump's executive orders on immigration include:

The University will continue to monitor the executive orders and their implementation closely. If there are changes to the current orders or additional orders are issued, the University will review and send or post updates to this webpage.

I am an international student, scholar, faculty or staff member. How will these orders affect me?

Am I still eligible for immigration benefits?

At this time, citizens of these countries who are already in the U.S. in immigrant and non-immigrant status can, if they wish, continue their studies or employment and apply for immigration benefits.  In other words, benefits like applications for Optional Practical Training, H-1B, changes of status, etc. are still available.

What if I am not from one of the 6 countries?

Individuals not from one of the countries listed above are not mentioned in the executive order. However, it is possible that additional scrutiny could arise due to confusion or errors by government agencies. For example, an H-1B visa holder from “X” country may still be at risk for an extended security delay or interrogation on entry. This is not new, and the University’s advice is the same as it was before the executive order: Comply with the conditions of your current status and carry thorough documentation on your person at all times to demonstrate that. You may also wish to contact your home country embassy to determine whether other individuals from your home country have faced barriers to entry as a result of the executive order.

What if I visit or have visited one of the 6 countries?

The University understands that having a passport stamp from one of the six countries can raise questions and cause delays at points of entry into the U.S.

What about applying for admission to a new program?

The University of Dayton continues to welcome applications from all students, and applications will be evaluated based on academic preparation and qualifications only.

Although we are still waiting for clarification from the Department of Homeland Security, the June 26th ruling from the Supreme Court states that students from the 6 countries who have been admitted to a U.S. university should not be affected by the travel ban. That is, they should be able to obtain visas and enter the U.S. as normal. See the “Latest Updates” section for complete details.

As an international student, scholar, faculty or staff member, can I travel in the U.S.?

International members of the University community already in the U.S. can travel freely within the country. As always, travel should be planned carefully and areas of the country where there is unrest should be avoided.

In the current climate, the University strongly recommends that every student, scholar, faculty and staff member carry documents with them at all times, to show evidence of their status. This includes copies of your passport, visa, I-94, and I-20 or DS-2019. An easy way to do this is to scan PDFs and save them in your smartphone.

Maintaining your status, knowing your rights.

More than ever, it is important for international members of the University community to understand the meaning of your immigration status. For F-1 and J-1 students, specifically remember to (click the links to learn more about each requirement):

Also, know your rights when interacting with US federal and local law enforcement. Visit the links below for more information:

ISSS will continue to advocate for University of Dayton students and scholars at the campus and community levels by providing education and training to the entire community. ISSS staff are also voicing our concerns through our professional network, NAFSA, the world's largest nonprofit association dedicated to international education and exchange, which actively engages with federal agencies and politicians.

Resources

Because of the unprecedented nature of the situation, the University advises its international community members to read and follow more than one trusted source of information. In addition to the information on this webpage, also consider visiting the resources in the sections below. The options listed are either from official government agencies or established professional associations.

Support on Campus

We urge anyone experiencing distress or needing support to consider the following offices and individuals as resources.

Office Contact Information
Center for International Programs Tim Kao, Director of International Student and Scholar Services: tkao1@udayton.edu or 937.229.2770
Office of Multicultural Affairs Patty Alvarez, Assistant Dean of Students and Director of Multicultural Affairs: palvarez1@udayton.edu or 937.229.3634
Campus Ministry Crystal Sullivan, Director of Campus Ministry: csullivan1@udayton.edu or 937.229.3369
Office of Diversity and Inclusion Larry Burnley, Vice President for Diversity and Inclusion: lburnley1@udayton.edu or 937.229.4073
Human Rights Center Anthony Talbott, Interim Executive Director of Human Rights Center: atalbott1@udayton.edu or 937.229.3294
Counseling Center (students) 937.229.3141
Employee Assistance Program (staff and faculty) LifeWorks Employee Assistance Program
Immigration Working Group Members Contact Information
Larry Burnley, Vice President for Diversity and Inclusion lburnley1@udayton.edu or 937.229.4073
Ellen Fleischmann, Professor of history and Alumni Chair in Humanities efleischmann1@udayton.edu or 937.229.3046
Miranda Hallett, Assistant Professor of Anthropology mhallett1@udayton.edu or 937.229.2430
Sayeh Meisami, Assistant Professor of Philosophy smeisami1@udayton.edu or 937.229.2809
Yousef Farhat, Human Rights Center farhaty1@udayton.edu or 937.229.3294
Amy Anderson, Executive Director of the Center for International Programs aanderson@udayton.edu or 937.229.4413
Patty Alvarez, Assistant Dean of Students and Director of Multicultural Affairs palvarez1@udayton.edu or 937.229.3634
Brother Raymond Fitz, S.M., Fr. Ferree Professor of Social Justice rfitz1@udayton.edu or 937.229.5409
Chloé Massie- Costales, Student in Human Rights and Sociology Major and Anthropology Minor massiecostalesc1@udayton.edu 
Samantha Noelle Mayne, Student in International Studies and Peace and Global Studies Major maynes1@udayton.edu 
University Communications in Response to Executive Order
University statement on executive order President Spina’s blog
University announcement
 Jan 30
International Student & Scholar Services statements on executive order

Message to all students
Message to students from affected countries

 Jan 30
You Are Welcome Here Video You Are Welcome Here

 Feb 1

Student Government Association Resolution 1617-09 Expressing Support for those Affected by President Trump's Immigration EO

Feb 12

Center for International Programs message to Faculty and Staff

Message to Faculty and Staff

Feb 15

Immigration Working Group Update

Protocol for Immigration Agent Request for Information

April 24-28

Other Non-University Resources
NAFSA Travel Advisory for Nationals of Certain Countries
Pursuant to Executive Order
NAFSA is the largest association of international educators in the U.S. and world. Many international student offices rely on NAFSA for guidance when major regulatory issues occur. We strongly recommend this concise and practical resource for students and scholars.
Fact Sheet: Protecting the Nation From Foreign Terrorist Entry To The United States

Q&A: Protecting the Nation From Foreign Terrorist Entry To The United States
Customs & Border Protection (CBP) is the agency responsible for evaluating and admitting entrants into the U.S. These are the officers student and scholars present their documents to when they arrive at airports. This website provides a detailed explanation of how CBP interprets and implements the March 6 executive order at ports of entries across the country
Department of State Statement on
Implementation of Executive Order
The Department of State is the agency that issues visas. This link will direct you to their recent news releases, including a statement on the executive order’s effect on visa issuance, interviews, and fee payment.

National Immigration Law Center 
Know Your Rights
 and American Civil Liberties Union

While the executive order does not indicate any change to students and scholars statuses who are already in the U.S., many worry that they will be targeted by law enforcement. If you find you encounter Immigration and Customs Enforcement (ICE) or other law enforcement officers while at home, on the street, or anywhere else in the U.S., remember that you have certain rights. These websites also provides suggestions for what you should do to assert your rights.

Related Campus Events

Suggestions to Support Students

If you are a faculty or staff member seeking ways to support students, please review these suggestions. 

Protocol for Immigration Agent Request for Information

The University of Dayton has protocols in place for responding to government authorities, particularly as such officials engage in immigration enforcement activities. It is importatnt that all offices be aware of these protocols. Please share this information with your colleagues and especially with students who work in your office. Information about the protocol can be found here.