Below are the current executive orders that may have some affect on students, staff, faculty and other members of the international campus community.
Jan. 27, 2017: Protecting the National from Foreign Terrorist Entry into the United States
Jan. 25, 2017: Border Security and Immigration Enforcement Improvements
Jan. 25, 2017: Enhancing Public Safety in the Interior of the United States
As a result of this Executive Order, ISSS is anticipating longer processing time for petitions and applications submitted to USCIS for adjudication for nationals of the 7 countries listed in the Executive Order. Visa applications as U.S. Embassies and Consulates abroad are also likely to take more time. Finally, international students and scholars may experience additional screening upon reentry to the U.S. after international travel.
ISSS staff is closely monitoring this very fluid situation, and will do the best we can to get relevant and reliable information to you in a timely manner. Please do not hesitate to contact ISSS with any questions, concerns, comments, or suggestions. You will find our current portfolio assignments on the ISSS website here.
On Friday, January 27, 2017, President Trump signed an Executive Order, entitled “Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals” that included the following provisions:
Ban on nonimmigrant entries, for at least 90 days, for nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen. Other countries may be added. Nonimmigrant statuses include anyone in B, F, J, H, or O status. The term “national” is somewhat vague, but does include citizens of the listed countries. The ban does not apply to individuals with dual citizenship from one of the listed countries and the U.S. The travel ban does not include individuals who are citizens of a non-listed country who travelled to one of the listed countries.
Suspension of the Visa Interview Waiver Program (VIWP), requiring all nonimmigrant visa applicants, regardless of where they are from, to attend a visa interview at a U.S. Embassy or Consulate abroad.
Directive to the Secretary of Homeland Security, Secretary of State, and the Director of National Intelligence, to immediately conduct a review to determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.
Within 30 days, DHS must submit a report to the President of its conclusions and include a list of the countries that do not provide adequate information for adjudications. Identified countries will be given 60 days to start providing required information.
After 60 days, DHS will submit a list of countries recommended to be included in a Presidential Proclamation prohibiting the “entry of foreign nationals” from countries that have not complied until compliance occurs.
Directive to federal agencies to develop screening standards and procedures for all immigration benefits to identify fraud and detect whether a person intends to do harm. Agencies are directed to create a process to evaluate the person’s “likelihood of becoming a positively contributing member of society” and “ability to make contributions to the national interest.
Directive to agencies to expedite the completion and implementation of a biometric entry-exit system and includes reporting requirements.
Legal Action Related to Executive Order
On Friday, February 3, 2017, the United States District Court for the Western District of Washington issued a temporary restraining order (TRO) that prevents the federal government from enforcing four specific provision of the January 27, 2017 Executive Order. The specific provisions that are suspended as a result of the TRO include: 1) the 90-day travel ban against nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen; 2) the 120-day ban in the U.S. refugee program; and 3) the indefinite ban on refugees from Syria. This TRO applies across the U.S.
The case was brought by the Attorney General of the State of Washington, and was joined by Minnesota. The federal court in the state of Washington determined that Washington and Minnesota would suffer immediate and irreparable harm in employment, business, education, familial relations and freedom to travel.
The Trump administration immediately appealed this decision to the 9th Circuit Court of Appeals, which decides federal legal matters for nine Western states. A panel of three judges from the 9th Circuit will quickly (likely by the end of the day on Monday, February 7, 2017) determine whether the emergency hold should remain in force against the order until the constitutional issues are decided.
The panel’s decision will not determine whether Trump's order is constitutional. Rather, the constitutional issue will be decided at a later date.
If the 9th Circuit upholds the lower court’s Temporary Restraining Order, the Trump Administration can appeal the issue to the U.S. Supreme Court. The Supreme Court could issue a decision immediately. Following the death of Supreme Court Justice Antonin Scalia in February 2016, there is still an empty seat on the 9 Justice court. If the court were to tie 4-4, the 9th Circuit decision would prevail.
As of today, February 7, 2017, the U.S. Department of State has confirmed that provisionally revoked visas for individuals from the designated countries have been reversed and are once again valid for travel. Also, U.S. Customs and Border Protection has been instructed to immediately resume inspection of travelers under standard policies and procedures. All airlines and terminal operators have been notified to permit boarding of all passengers without regard to nationality.
In addition, U.S. Citizenship and Immigration Service (USCIS) has posted a notice on the USCIS website stating that the Service will continue to adjudicate applications and petitions filed by or on behalf of individuals in the United States regardless of their country of origin, as well as the applications and petitions of lawful permanent residents outside the U.S. USCIS also continues to adjudicate applications and petitions for individuals outside the U.S. whose approval does not directly confer travel authorization. Applications to adjust status also continue to be adjudicated, according to existing policies and procedures, for applicants from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.9
On February 9, 2017, a three-judge panel of 9th Circuit Court of Appeals rejected the government's emergency request to reinstate the travel ban. This means that the travel ban is not currently in effect, and that all individuals may now apply for visas and admission to the United States regardless of where they are from.
The U.S. District Court in Washington (the court that issued the Temporary Restraining Order that stopped the ban on February 3, 2017) has ordered all briefings (legal documents prepared by the attorneys working on the case) for the preliminary injunction hearing to be filed by Friday, February 17, 2017. This hearing has not yet been scheduled.
A court can decide that a preliminary injunction is necessary before reaching a final determination of the merits of a legal case, to prevent a party from doing something or to require a party to continue to do something until the case has been decided. A preliminary injunction would continue to prevent the government from re-implementing the travel bans.
In the meantime, the federal government could appeal to the Supreme Court of the United States. Five of the current eight Supreme Court Justices would need to vote in favor of overturning the 9th Circuit decision for the travel ban to be reinstated.
The U.S. Department of State is advising that unless the visa stamp in your passport was stamped as canceled by U.S. Customs and Border Protection, your visa would still be valid, unless it has expired. Because we are still not sure what will happen in the future, it would be prudent for anyone who needs to enter or return to the U.S. to do so as soon as possible.
In addition, U.S. Citizenship and Immigration Service (USCIS) has posted a notice on the USCIS website stating that the Service will continue to adjudicate applications and petitions filed by or on behalf of individuals in the United States regardless of their country of origin, as well as the applications and petitions of lawful permanent residents outside the U.S. USCIS also continues to adjudicate applications and petitions for individuals outside the U.S. whose approval does not directly confer travel authorization. Applications to adjust status also continue to be adjudicated, according to existing policies and procedures, for applicants from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.
Please check this site regularly for further updates. 10
BUY AMERICAN AND HIRE AMERICAN EXECUTIVE ORDER (04/18/2017)
International Student & Scholar Services is primarily concerned with the “Hire American” provision, as outlined in Section 5 of the April 18, 2017 Executive Order entitled “Buy American and Hire American.” First, and most importantly, this Executive Order does not change any current policy or process related to H1Bs. It does put us on notice to look out for new rules and guidance issued by various U.S. federal agencies designed to prevent fraud or abuse of the H1B program. It also alerts us that we could see future changes in the H1B process related to prevailing wages or documentation of how a foreign national was selected for a position. Note, however, that this Executive Order calls on government officials to propose new rules and suggest reforms, not to implement them.
Sec. 5. Ensuring the Integrity of the Immigration System in Order to "Hire American."
(a) In order to advance the policy outlined in section 2(b) of this order, the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security shall, as soon as practicable, and consistent with applicable law, propose new rules and issue new guidance, to supersede or revise previous rules and guidance if appropriate, to protect the interests of United States workers in the administration of our immigration system, including through the prevention of fraud or abuse.
(b) In order to promote the proper functioning of the H-1B visa program, the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security shall, as soon as practicable, suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries.
Please let ISSS know if you have any questions or concerns about this Executive Order or your immigration status. We want to reassure you, however, that from our perspective, nothing has changed. We will continue to keep a close eye on developments related to H1Bs as well as the other employment-based visas that we use and will provide updates as needed.
IMPLEMENTATION OF REVISED EXECUTIVE ORDER 13780 HALTED DUE TO LITIGATION
On March 16, 2017, the U.S. Department of State announced that due to litigation regarding Executive Order 13780, U.S. embassies and consulates will continue to process visas for nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen and has suspended implementation of the provisions of the Executive Order as required by the relevant court orders. Please find the full text of the Department of State announcement here https://travel.state.gov/content/travel/en/news/important-announcement.html.
U.S. District Courts in Hawaii and Maryland issued separate temporary restraining orders halting implementation of key parts of President Trump's revised Executive Order. Executive Order 13780, issued on March 6, 2017, sought to temporarily ban Muslims and refugees from travel and admission to the United States. Notwithstanding the changes in the revised version of the order, the judges gave strong indication that the Muslim and refugee bans will be found unconstitutional.
MARCH 8, 2017 UPDATE ON EXECUTIVE ORDER
On March 6, 2017, President Trump signed an Executive Order, entitled “Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals” that included the following provisions:
· For the next 90 days, foreign nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen who are outside the United States on the effective date of the order, do not currently have a valid visa on the effective date of this order, and did not have a valid visa at 5:00 eastern standard time on January 27, 2017, are not eligible to travel to the United States.
· On the basis of Iraq’s increased cooperation with the U.S. Government on the vetting of its citizens applying for a visa to travel to the United States, Iraqi citizens are not affected by the Executive Order. All normal immigration processing requirements will continue to apply.
· The Executive Order does not apply to individuals who are in the United States on March 16, 2017 or to those individuals who hold a valid visa on that date. Individuals holding valid F, M, or J visas may continue to travel to the United States on those visas if they are otherwise valid.
· Visas which were provisionally revoked solely as a result of the enforcement of Executive Order 13769 are valid for purposes of administering this Executive Order.
· DHS and the Department of State have the discretionary authority, on a case-by-case basis, to issue visas or allow the entry of nationals of the six countries into the United States when a national from one of the countries demonstrates that the denial of entry would cause undue hardship, that his or her entry would not pose a threat to national security, and that his or her entry would be in the national interest.
· The Department of State will restrict the Visa Interview Waiver Program and require additional nonimmigrant visa applicants to undergo an in-person interview. This means that ALL visa applications will require an in-person interview.
· In the first 20 days after the order goes into effect, DHS will perform a global, country-by-country review of the identity and security information that each country provides to the U.S. Government to support U.S. visa and other immigration benefit determinations. Countries will then have 50 days to comply with requests from the U.S. Government to update or improve the quality of the information they provide.
· The Refugee Admissions Program will be temporarily suspended for the next 120 days while DHS and interagency partners review screening procedures to ensure refugees admitted in the future do not pose a security risk to the United States.
· Upon resumption of the Refugee Admissions Program, refugee admissions to the United States will not exceed 50,000 for fiscal year 2017.
· The Executive Order does not apply to those refugees who have already been formally scheduled for transit by the State Department.
· During the 120-day period, the Secretary of State and Secretary of Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the entry of such individuals as refugees is in the national interest and would not pose a threat to the security or welfare of the United States.
· The Department of Homeland Security, in conjunction with the Department of State, the Office of the Director of National Intelligence, and the Department of Justice, will develop uniform screening standards for all immigration programs government-wide as appropriate and in the national interest.
· The Secretary of Homeland Security will expedite the completion and implementation of a biometric entry-exit system for all in-scope travelers entering and departing the United States.
· As part of a broader set of government actions, the Secretary of State will review all nonimmigrant visa reciprocity agreements to ensure that they are, with respect to each visa classification, truly reciprocal.12
At this time there have not been an official announcments or changes we will see for any particular visa category. Current regulations remain in place until the U.S. government chooses to make those changes.
New laws and regulations take time and there will be advanced warning.
Changes in policy and guidance and executive orders happen more quickly and can take effect immediatley. ISSS will continue to monitor any changes or decisions impacting the international campus community at the University of Colorado Denver | Anschutz Medical Campus.
For more information on how the U.S. Immigration system works, NAFSA: International Association of International Educators offers an excellent summary of the U.S. immigration system, government agencies and the process of change on their Practical Immigration Concepts in a Time of Change webpage. More detailed information can also be found in the following sources (from full resource list at NAFSA.org):
At any time, it is important to avoid any violations of your F-1 or J-1 status. In addition to enrollment requirements, address reporting, or employment restrictions individuals in non-immigrant status are expected to refrain from breaking any U.S. state or federal laws. Please think carefully before engaging in protest activities, as arrests can seriously impact immigration status or future visa applications. Arrests or convictions that involve violence, drugs or alcohol can have serious or long-lasting impact on current or future immigration status.
Be aware that while marijuana use is legal Colorado and other states, it remains illegal at the federal level and use constitutes a violation of federal law. Use of marijuana, or alcohol/drug-related DUI arrests or convictions can lead to severe immigration consequences ranging from fines, visa cancellation to deportation.
If you are arrested or have any legal concerns, please contact ISSS immediatley. Additional tips for interacting with US law enforcement and understanding your rights is available with the American Civil Liberties Union:
Secretary Kelly of the Department of Homeland Security released a press statement Sunday evening clarifying how the Executive Order applies to Lawful Permanent Residents (LPRs): "I hereby deem the entry of lawful permanent residents to be in the national interest.” Although Permanent Residents will continue to be reviewed upon entry, “absent the receipt of significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in our case-by-case determinations.”
A January 29, 2017 DHS Fact Sheet describes Secretary Kelly's determination in further detail: “[L]awful permanent residents of the United States will be allowed to board U.S. bound aircraft and will be assessed for exceptions at arrival ports of entry, as appropriate. The entry of these individuals, subject to national security checks, is in the national interest. Therefore, we expect swift entry for these individuals."
Student Mental Health
In Building 500 – Call (303) 724-4716 or you can visit their website HERE.
For after-hours (5:00 p.m. to 8:00 a.m.) emergencies related to mental health, please call (720) 848-0000 and identify yourself as an Anschutz Medical Campus student.
Campus Health Center in the Wellness Center
Mental Health walk-ins are available between 10 – 11 a.m. and 3-4 p.m. You can also call the Campus Health Center on (303) 724-6242.
The Counseling Center located in the Tivoli Building on the 4th floor at 900 Auraria Parkway,
Denver CO 80204 serves students on the Downtown Denver Campus.
Crisis walk in hours available to CU Denver Downtown students are Monday - Thursday 10:00a.m - 4:00p.m. and Fridays 10:00a.m. - 2:00p.m.
Emergency After Hours for CU Denver students 303-352-4455
Educational Opportunity Programs
For more information on this resource, contact them HERE.
Undocumented Student Services
For more information on this resource, contact them HERE.