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Executive Order Temporary Restraining Order

On June 26, 2017, the U.S. Supreme Court partially reinstated President Trump’s March 6 travel ban executive order against nationals of six countries (Libya, Iran, Somalia, Sudan, Syria and Yemen) and all refugees.  Specifically, the Court held that the travel ban may not be enforced against nationals of the designated countries who have a “credible claim of a bona fide relationship with a person or entity in the United States.”  

The Court provided the following examples of foreign nationals from the six countries who can claim a “bona fide relationship” and enter the U.S.:

  • Individuals who have a close familial relationship in the U.S., such as an individual who wishes to enter the U.S. to live with or visit a family member.
  • Individuals who have a “formal, documented” relationship with an American entity that was “formed in the ordinary course, rather than for the purpose of evading” the executive order.  Examples of such a relationship include:
    • Students from the six designated countries who have been admitted to attend schools in the U.S.
    • Workers who have accepted an offer of employment from an American company.
    • Lecturers who have been invited to address an American audience. 

Refugees are subject to the same “bona fide relationship” test.  

If you are a national of one of the six restricted countries, you are already exempt from travel restrictions by the terms of the March 6 executive order if you fall into one of the following categories: 

  • You are a U.S. lawful permanent resident (green card holder);
  • You are a dual national traveling on a passport from a non-restricted country; Canadian permanent residents are not exempt, however; 
  • You hold a valid, multiple-entry U.S. visa and you are otherwise admissible to the U.S.;
  • You are an applicant for adjustment of status with valid advance parole;
  • You have been granted asylum in the U.S.; or
  • You have been admitted as a refugee or you are a refugee whose travel has been formally scheduled by the U.S. State Department.

It is anticipated that the travel ban will go into effect on June 29, 2017.  It will be in force for 90 days against nationals of the six countries who do not qualify for an exemption, and for 120 days against non-exempt refugees.  The Court is scheduled to hear arguments on the merits of the March 6th executive order in its next term, beginning on October 1, 2017. 

Since most visa holders have the necessary “bona fide relationship” to the U.S., the travel ban should not apply to most travelers from the six designated countries.  There is concern, however, that the “bona fide relationship” test could be applied narrowly and/or arbitrarily, or result in confusion as federal agents determine what “bona fide relationship” means.  For this reason, students and scholars from the six impacted countries are advised against traveling outside of the U.S. for the duration of the ban unless absolutely necessary and to consult with OISS before travelling.

A full copy of the U.S. Supreme Court’s decision on the travel ban executive order can be found at U.S. Supreme Course Decision (PDF)* (/https://www.supremecourt.gov/opinions/16pdf/16-1436_l6hc.pdf).

Please refer to this page for updated information and resources on how this affects MSU faculty, students, and staff.

International students concerned about how the Executive Order could affect their immigration status at MSU should contact OISS and speak with an advisor at 517-353-1720 or oiss@msu.edu.

Undergraduate Students

For concerns regarding how the Executive Order could impact your academics at MSU, contact Assistant Dean Debra Dotterer (dotterer@msu.edu, +1-517-353-3243).

Graduate Students

For concerns regarding how the Executive Order could impact your academics at MSU, contact Associate Dean Tony Nunez (nunez@grd.msu.edu, +1-517-353-3220).

Travel Advisory

Information Session

Date: Thursday, 16 Mar 2017
Time: 5:00 pm to 6:50 pm
Location: International Center, Room 115

For details about this session, visit OISS Event (http://oiss.isp.msu.edu/events/49386/executive-order-update-supporting-your-studies/)page.

EO Chronology

NOTE: OISS advises international students, scholars, faculty and staff from one of the six restricted countries, whose visa is valid for a single entry only, not to travel internationally at this time. Individuals with an expired visa or a visa that will expire during the ban are also advised against international travel. Foreign nationals from the restricted countries are advised to contact OISS before traveling outside of the U.S.

March 16, 2017

A Hawaii federal judge on Wednesday, March 16, 2017 blocked President Trump’s latest version of an immigration ban prohibiting the entry of people from six Muslim-majority countries from taking effect nationwide. On Thursday, March 17, 2017 another federal judge in Maryland issued a similar ruling that also blocked the ban on entry for people from the six countries.

April 18, 2017

President Trump signed a new Executive Order entitled: Buy American and Hire American (/https://www.whitehouse.gov/the-press-office/2017/04/18/presidential-executive-order-buy-american-and-hire-american).

March 6, 2017

President Trump signed a new Executive Order entitled "Protecting the Nation from Foreign Terrorist Entry into the United States (/https://www.whitehouse.gov/the-press-office/2017/03/06/executive-order-protecting-nation-foreign-terrorist-entry-united-states). (/https://www.whitehouse.gov/the-press-office/2017/03/06/executive-order-protecting-nation-foreign-terrorist-entry-united-states)" The order includes a revised entry ban on nationals of six countries - Iran, Libya, Somalia, Sudan, Syria, and Yemen—for the next 90 days from March 16, 2017. The new order revokes and replaces Executive Order 13769 in its entirety, effective March 16, 2017.

February 9, 2017

On Thursday evening February 9, 2017, the Ninth Circuit Court of Appeals denied the government's emergency motion for a stay on the District Court's temporary restraining order preventing the government from enforcing Executive Order 13769's 90-day entry bar.

Read the Ninth Circuit Court of Appeals Decision (PDF)* (http://www.nafsa.org/uploadedFiles/NAFSA_Dojo/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/9thCirAppealDecision.pdf). The Court of Appeals states in its order,
"we hold that the Government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay."

This leaves in place the District Court's temporary restraining order, which continues to prevent the government from enforcing Section 3(c) of Executive Order 13769 (/https://www.federalregister.gov/documents/2017/02/01/2017-02281/protecting-the-nation-from-foreign-terrorist-entry-into-the-united-states), the provision that established the 90-day ban on entry of "immigrants and nonimmigrants" from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen, and Sections 5(a), 5(b), 5(c), and 5(e) of the Executive Order, which established a 120-day suspension of admission of refugees to the United States. In the meantime, the District Court proceedings will continue.

February 3, 2017

Following is an update posted on the USCIS website regarding processing of filed applications and petitions:

Department of Homeland Security Statement on Feb. 3 Court Ruling:

  • In accordance with the judge's ruling, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, "Protecting the Nation from Foreign Terrorist Entry into the United States."
  • This includes actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order.
  • DHS personnel will resume inspection of travelers in accordance with standard policy and procedure.
  • At the earliest possible time, the Department of Justice intends to file an emergency stay of this order and defend the President's Executive Order, which is lawful and appropriate. The Order is intended to protect the homeland and the American people, and the President has no higher duty and responsibility than to do so.
  • For the latest information, please visit the DHS website: https://www.dhs.gov/news (/https://www.dhs.gov/news)

January 27, 2017

On Friday, January 27, 2017 President Trump issued an Executive Order suspending entry into the United States of immigrants and nonimmigrants from seven countries—Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen—for the next 90 days. Please refer to this page for updated information and resources on how this affects MSU faculty, students, and staff.

Helpful Resources

 


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