President Trump has signed several Executive Orders and a Presidential Proclomation with immigration implications since January 2017.  The Presidential Proclamation signed by President Trump issued an updated travel ban upon the expiration of Executive Order 13780 implemented on January 27, 2017.

The Presidential Proclamation “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public – Safety Threats” was signed on September 24, 2017 and impacts nationals of Iran, Libya, Somalia, Syria, Yemen, Chad, North Korea and Venezuela: According to the Q&A issued by the White House: “The restrictions and limitations took effect at 3:30 p.m. eastern daylight time on September 24, 2017, for foreign nationals who were subject to the suspension of entry under section 2 of E.O. 13780, and who lack a credible claim of a bona fide relationship with a person or entity of the United States. The restrictions and limitations take effect at 12:01 a.m. eastern daylight time on October 18, 2017, for all other foreign nationals subject to the suspension of entry under section 2 of E.O. 13780, and for nationals of Chad, North Korea, and Venezuela.”

The eight countries subject to the Proclamation are:

  1. Chad
  2. Iran
  3. Libya
  4. North Korea
  5. Syria
  6. Venezuela
  7. Yemen
  8. Somalia

A Country by Country summary of the Indefinite Entry Bar Under Executive Order is available here.

While Iraq is not listed, the Proclamation states the DHS recommendation “that nationals of Iraq who seek to enter the United States be subject to additional scrutiny to determine if they pose risks to the national security or public safety of the United States.”

This Proclamation extends executive authority under Executive Order 13780. The 90 day travel ban of EO 13780 expired on September 24, 2017. The Proclamation includes five countries from EO 13780. Sudan has been removed and Chad, North Korea and Venezuela have been added. Each country is treated separately and different restrictions apply to each country.

Section 7 of the Proclamation contains two effective dates:

September 24, 2017 at 3:30pm EDT: Effective on this date, all nationals of Chad, North Korea and Venezuela. This effective date also applies to nationals of Iran, Libya, Syria, Yemen and Somalia “who have a credible claim of a bona fide relationship with a person or entity in the United States.” Those without a “bona fide” relationship with a person or entity in the United States” are subject to the Proclamation effective Sunday, September 24, 2017 at 3:30pm.

October 18, 2017 at 12:01am EDT: All other nationals from the new list will become subject to the Proclamation on October 18, 2017. On that date the court order protecting those with “bona fide relationships” will no longer apply.

The Proclamation states that these bans will continue until the country provides information requested  “or until the Secretary of Homeland Security certifies that the country has an adequate plan to do so, or has adequately shared information through other means.”

Exemptions and Exceptions

There are complicated exemptions and exceptions that may apply. Nationals from the countries listed are advised to obtain competent immigration counsel to review case specific circumstances. More information can be found here.

Waivers

Section 3(c) of the Proclamation grants authority to consular and immigration officials to grant waivers on a case-by-case basis to an individual who would otherwise be subject to the Proclamation’s entry ban, but who “demonstrates to the consular officer’s or CBP official’s satisfaction that:

(A) denying entry during the suspension period would cause the foreign national undue hardship;

(B) entry would not pose a threat to the national security or public safety of the United States;

(C) entry would be in the national interest.”

At this time, the process for obtaining a waiver is not clear.

NOTE: Due to the fluid nature of this situation non-immigrant students and scholars from the countries listed in the Presidential Proclamation should not travel out of the U.S. without first consulting an immigration attorney. 

International Student and Scholar Services (ISSS) continues to monitor the rapidly changing situation following the signing of the Executive Orders. We will continue to update this page with information and resources. ISSS staff members are available to assist and support international students, faculty  and scholars who have questions or concerns. Know that international students, faculty and scholars are valued members of our UNC community and members of the university community stand ready to help and support international students and scholars during these uncertain times. Please visit our office or contact us at +1.919.962.5661 or isss@unc.edu.  Additional contact information for our advisers can be found on our contact page.  Our Resources for International Students and Scholars document provides links to campus and community resources for our international community.

1. Chronological Updates

  • September 24, 2017:  Presidential Proclamation “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public- Safety Threats” was signed by President Trump.  This proclamation impacts nationals of Iran, Libya, Somalia, Syria, Yemen, Chad, North Korea and Venezuela. A frequently asked questions page has also been added here.
  • June 26, 2017:  The Supreme Court of the United States agreed to hear the government’s appeal of two lower court decisions blocking Executive Orders to impose a travel ban signed by President Trump.  The court will hear the case in October. The Supreme Court’s order can be found here. More information is provided here.
  • June 21, 2017:  President Trump signed Executive Order Amending Executive Order 13597.  This order will roll back President Obama’s Executive Order for processing temporary visas within three weeks. This Executive Order is seen as  a step toward “Extreme vetting” of visa applications. Expect visa delays.
  • March 16, 2017: The 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.
  • March 15, 2017: The U.S. District Court in Hawaii issued a nationwide temporary restraining order, preventing the Government from enforcing Executive Order 13780’s 90-day entry bar and 120-day refugee entry bar, which had been scheduled to go into effect on March 16, 2017.
  • March 6, 2017: President Trump signed a new executive order entitled “Protecting The Nation From Foreign Terrorist Entry Into The United States.” The new order revokes and replaces Executive Order 13769 that was issued on January 27, 2017. This new Executive Order includes a revised entry ban on nationals of six countries – Iran, Libya, Somalia, Sudan, Syria, and Yemen – and is effective on March 16, 2017.
  • February 9, 2017: Ninth Circuit Court of Appeals Upholds Temporary Restraining Order on Executive Order 13769
  • January 27, 2017: President Trump signed  Protecting the Nation from Foreign Terrorist Entry Into the United States.  Section 3 of the Executive Order states the U.S. will suspend immigrant and non-immigrant (H-1B, TN, F-1, O-1, J-1 etc.) entry into the U.S. of foreign nationals from Iraq, Syria, Iran, Sudan, Somalia, Libya and Yemen for 90 days from the date of the order.

2. Travel Advisory

Due to the fluid nature of this situation non-immigrant students and scholars from the countries listed in  the Presidential Proclamation should not travel out of the U.S. without first consulting with an immigration attorney.

For additional details, please refer to the following:

Inspection of Electronic Devices

U.S. Customs and Border Protection may conduct searches of electronic devices. This flyer contains detailed information about the Department of Homeland Security’s guiding principles in conducting searches of electronic devices at the border.

3. Executive Orders & Presidential Proclamations

4. Additional Resources

UNC-Chapel Hill Resources

Resources from Outside Organizations