January 27, 2017
The March 6, 2017 Executive Order rescinded and replaced the January 27, 2017 Order.
Among its provisions, the Executive Order suspended entry to the United States "of immigrants and nonimmigrants" from seven countries for a period of 90 days from the date the Order was signed. The seven countries included Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. Although the Order covered U.S. lawful permanent residents (green card holders), following significant public protest and a lawsuit by the ACLU, Department of Homeland Security Secretary John Kelly released a statement invoking an exception to the entry ban for U.S. lawful permanent residents on a case-by-case basis.
A January 29, 2017 DHS Fact Sheet includes the language of the statement.
Litigation Related to the January 27, 2017 Executive Order
A federal court judge in Seattle, Washington issued a temporary restraining order on continued implementation of the Executive Order nationwide. On Thursday, February 9, 2017 the Ninth Circuit Court of Appeals denied the government's request for an emergency stay on the District Court's temporary restraining order.
The TRO prevents the enforcement of certain sections of the January 27 Executive Order, including the provision that prevented individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from entering the U.S., and the provision suspending the admission of refugees.
While the government had the option to seek review by the Circuit Court, or appeal the decision to the U.S. Supreme Court, it instead issued the March 6 Executive Order expressly rescinding the January 27 Order.
Frequently Asked Questions About the January 27, 2017 Executive Order
Are applications for U.S. immigration benefits impacted by the Executive Order?
On February 3, 2017 U.S. Citizenship and Immigration Services (USCIS) updated its website with a statement that the agency will continue to adjudicate applications for benefits regardless of country of origin. There has been no indication that USCIS will change this policy in light of the March 6 Order.
What should international students, scholars, faculty and staff from countries other than the list of six consider with regard to travel?
OVIS will continue to monitor what is happening and issue updated information as it becomes available. For now, based on the Fourth Circuit's decision, the March 5 Order will not be enforced. If you are a citizen of one of the designated countries, please contact your OVIS advisor prior to any international travel.
If you are from a country OTHER than one of the six listed and you have international travel plans, please ensure your passport is valid for reentry, that you hold the appropriate, valid visa in your passport, and that you carry with you all required immigration documents (Form I-20 for F-1 students, DS-2019 form for J-1 Exchange Visitors, H-1B approval notice for H-1B employees, etc.).
If you are traveling outside the U.S., and also need to apply for a new visa prior to returning to the U.S., you may experience additional delays during the visa application process, including administrative processing delays that can take several weeks to be completed. Please be sure to check with the U.S. embassy where you will apply for the visa for required documentation and timelines. You can find estimated wait times for visa applications on the State Department website:
Do Customs & Border Patrol agents have the right to search electronic devices at the borders and airports?
The government claims broad discretion in this area. Information about Customs & Border Patrol's search authority can be found on the agency's website. The ACLU has some helpful information on its website about how to prepare for and handle these situations at the land borders and airports.
What are the other immigration-related Orders?
On January 25, 2017 the White House issued two Executive Orders on border security and interior enforcement that will significantly expand deportations and detention of undocumented immigrants. The White House, in a memo released on February 20, 2017, stated that recipients of DACA would be exempt from these provisions. There are a number of organizations with helpful information and resources on their websites about these Executive Orders and the memos released by the Department of Homeland Security on February 20, 2017.
What about DACA?
DACA recipients are not impacted by the March 6 Order. For more information on DACA and undocumented students, please refer to the OVIS resource page.
What legal resources are available?
What is Dartmouth doing?
Dartmouth has formed an Immigration Working Group to monitor and analyze the impact of the Executive Orders and other immigration policy changes, and to share information with Dartmouth students, scholars, faculty and staff. Information about the Immigration Working Group can be found on the Office of the Provost website.
President Hanlon and Provost Dever sent a message to the Dartmouth community on March 8, 2017 regarding the March 6 Executive Order. Read the full message.
In response to the January 27 Order, on February 13, 2017 Dartmouth joined 16 other academic institutions as signatories to an amicus brief filed with the U.S. District Court for the Eastern District of New York in the case of Darweesh et al. v. Trump et al. The case challenges the January 27, 2017 Executive Order. Read the brief.
President Hanlon sent a message to the Dartmouth community on January 29, 2017 regarding the January 27 Executive Order, and stated Dartmouth's support for its repeal. Read the full message.
President Hanlon also joined other university presidents from across the nation in signing a letter to Donald Trump urging him to "rectify the damage" done by his executive order. Read more about this and the College's support for international students and scholars.
OVIS will continue to reach out to affected individuals to advise them regarding travel outside the U.S. OVIS is working closely with campus partners, including The Frank J. Guarini Institute for International Education, home of Dartmouth's Off-Campus Programs, to ensure that affected students, scholars, faculty and staff do not depart the U.S.
Executive Order Resources