Executive Order Information

On June 26, the Supreme Court released that aspects of the Travel Ban (Executive Order – 2) will be allowed to go into effect between now and October, thus banning the entry of certain foreign nationals and all refugees except for those individuals who can demonstrate “a credible claim of a bona fide relationship with a person or entity in the United States.” 

While guidance from the State Department and Customs and Border Protection is still forthcoming, the provisions of EO-2 will still allow entry by permanent residents from the six countries; persons holding valid nonimmigrant visas from those countries; and persons holding other valid travel documents (such as advance parole documents) issued before the EO’s effective date.  EO-2 also allows for foreign nationals from the six countries to be issued visas in spite of the order if they can demonstrate that a delay in visa issuance during the ban would cause undue hardship.  The EO-2 waiver provision provides a non-exhaustive list of situations, such as a foreign student renewing an F-1 visa to return to a prior course of study, or who has “significant contacts” with the United States but is outside the United States during the validity of the EO.

Based on those examples, an international student from one of the six affected countries who is already in the United States should be able to leave for the summer and return. Similarly, students who have been admitted to U.S. universities and who now are applying for visas should be able to enter the country. But much may be left up to the discretion of State Department consular officers at U.S. embassies and consulate, and Customs and Border Protection officers at ports of entry. The government will likely begin applying the travel ban in the limited fashion permitted by the Supreme Court on June 29, 2017.

Who is likely to be allowed to enter the United States?

Individuals who have valid immigrant or non-immigrant visas issued on or before June 26, 2017.

Individuals with visas coming to live or visit with family members.

Students who have been admitted to a U.S. university, workers who have accepted offers of employment with U.S. companies, and lecturers invited to address an American audience.

Other types of business travelers.

Refugees.

Who may have trouble entering the United States?

Individuals who form bona fide relationships with individuals or entities in the United States after June 26, 2017. (The Court’s decision is not clear on whether it is prospective or retrospective only.)

Tourists. (Nationals of the designated countries who are coming for other reasons [including sight-seeing] may be barred from entering.)

Individuals from the six designated countries are encouraged to speak with an attorney and prepare adequately for potential travel, even if it appears from the plain language of the Supreme Court decision that an exemption applies.

How long will the Travel Ban Remain in Effect?

The ultimate fate of the Travel Ban remains undecided until the Supreme Court has an opportunity to take up the matter in the Fall Term.  Arguments are expected in October of 2017, with a decision not likely before December of 2017.  The 90- and 120-day periods may be deemed to begin on the date the Supreme Court stayed part of the injunction (June 26, 2017), or 72 hours later, June 29, pursuant to a June 14 order from the Trump administration. Until further guidance is forthcoming, the above guidelines should be construed as effective immediately, and remain in full force until October with the caveat that the 90-day entry suspension process for the six named countries expires at the end of September, likely prior to oral arguments before the Supreme Court.

Update:  March 16, 2017 of new Executive Order
 
On March 16, 2017, the U.S. District Court in Maryland issued a nationwide preliminary injunction, preventing the Government from enforcing Executive Order 13780's 90-day entry bar, which had been scheduled to go into effect on March 16, 2017.
 
On March 15, 2017, the U.S. District Court in Hawaii issued a nationwide Temporary Restraining Order (TRO), preventing the US Government from enforcing the Executive Order (EO) entry bar that was scheduled to go into effect on March 16, 2017.  There may be formal action to file an emergency stay of this order, therefore, it is not possible to predict how long the restraining order may be in effect.
Temporary Restraining Order (TRO) document of March 16, 2017 Executive Order
TRO information from The Chronicle of Higher Education

 

International Programs has been frequently following Executive Order (EO) matters and national response by higher education. The information below reflects the implications of the revised EO that was announced March 6, 2017 which will become effective March 16, 2017.  We will continue to bring you the most up-to-date information on this important mandate. The information provided is our best assessment of publicly available information and based on consultation with a number of stakeholders nationwide. If something is not totally clear to you, please consult with our advisors for further insight.

The main changes introduced by revised EO are the following:

  • Iraq has been removed from the list of countries.
  • The ban does not apply to people who had a valid visa at 5:00 PM Eastern Standard Time on January 27, 2017, or those who have a valid visa on the effective date of March 16, 2017.
  • Green card holders (US Permanent Residents) and dual nationals presenting the passport of a country that is not listed are not prohibited from entering the United States under the revised travel ban.
  • Nonimmigrants from the six countries will be unable to get new visas issued to enter the United States from abroad or to travel abroad.

A summary of the March 6 and the January 27 EOs is found at: http://www.lsu.edu/intlpro/e_o_information_march.php
It is advised that all non-immigrants in the USA carry a valid and original form of identification at all times.

TRAVEL RECOMMENDATIONS WITHIN THE USA

  • When you are in the local Baton Rouge area, carry your LSU ID and driver’s license if needed. It is recommended that some form of nonimmigrant documents that identify your status in the US be in your possession, such as a copy of the front page of your passport and the visa page. You may easily save the pics in your smartphone.
  • When traveling outside the Baton Rouge area, you should have all of these original documents in your possession at all times. This is recommended national practice.

TRAVEL RECOMMENDATIONS OUTSIDE THE USA

When travelling internationally, all original travel and supporting documents are required.

  •  Documents necessary for international travel  for international students, faculty, staff and scholars may be found at: http://lsu.edu/intlpro/is/
  •  If your visa expires during your trip, you will need a new visa to re-enter the USA; thus, a visa appointment at a US Consulate is required to apply for the US visa. This is standard procedure and details are available at:

http://lsu.edu/intlpro/is/current-students/travel/visas.php

The Association of International Educators (NAFSA) frequently updates information on this subject and has an updated Travel Advisory:

http://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/Travel_Advisory_for_Nationals_of_Certain_Countries_Pursuant_to_Executive_Order_13769/

Anyone who has any questions or concerns should contact LSU International Programs/International Services offices at 225-578-3191 or isograd@lsu.edu.