FAQ Regarding Impact of Executive Orders on Immigration
The following is a compilation of information and resources regarding the federal executive orders on immigration policy and practices to date in 2018. As we receive new information, we continue to update this site.
UPDATED- June, 27 2018
What does the June 26, 2018 US Supreme Court ruling on immigration mean?
Previous FAQ Topics
Has the Department of Homeland Security added restrictions regarding carry-on electronic for air travelers?
What about suspensions and changes to H-1B Visas announced on March 6, 2017?
About/background on Jan. 27 immigration order
Who is affected?
University and external resources
What should I do if?
What does the June 26, 2018 US Supreme Court ruling on immigration mean?
On June 26, 2018, the Supreme Court today announced its 5-4 decision in Trump v. Hawaii to uphold the restrictions set in place by Executive Order 13780, but the court also sent the case back to the lower courts “for such further proceedings as may be appropriate.” The majority opinion stated that the Proclamation is “squarely within the scope of Presidential authority under the INA (Immigration and Nationality Act).” The court had previously allowed the travel ban to go into effect while the justices deliberated on Trump v. Hawaii, and this decision means it will remain indefinitely.
Previous Court Actions:
On March 15, 2017 a federal appellate court upheld a temporary restraining order effectively freezing the travel ban. Essentially, the court's action restored U.S. immigration practices to those in place prior to the March 6, 2017 executive order. However, on June 26, the U.S. Supreme Court issued a ruling reinstating large portions of the executive order, including the ban on visa entry issuance to individuals from Iran, Yemen, Sudan, Syria, Somalia and Syria. Those with "a credible claim of a bona fide relationship with a person or entity" in the U.S. continue to be protected and not subject to the ban. The Supreme Court will hear arguments on this case in October.
What is a “bona fide” relationship?
This is unclear at the moment, though many legal experts believe your ties to the university would apply, as evidenced by your university issued visa documents.
How are University of Illinois students, faculty, staff, or scholars affected?
Anyone from the 6 countries who does not have an entry visa and can’t prove bona fide ties to a person or entity in the U.S. will not be allowed entry. Although affiliation with the university is likely a “bona fide” relationship and you will be unaffected, the university recommends that citizens from these countries avoid traveling outside the U.S. until there is additional clarity on the situation. Furthermore, friends and family members from the six countries should be advised not to travel to the U.S. at this time. For all members of the university community, we recommend extreme caution in travel. The university will continue to carefully monitor this situation and provide updates as we receive them.
Has the Department of Homeland Security added restrictions regarding carry-on electronic for air travelers?
Yes, if you are traveling to the United States directly from any of the following airports, you will not be permitted to have large electronic devices in your cabin baggage. Instead, you will be instructed to store them in your checked baggage. Mobile phones and smart phones will be exempt under the ban, which has no end date listed.
- Egypt: Cairo International Airport
- Jordan: Queen Alia International, Amman
- Kuwait: Kuwait International Airport, Kuwait City
- Morocco: Mohammed V International, Casablanca
- Qatar: Hamad International, Doha
- Saudi Arabia: King Abdulaziz International, Jeddah; King Khalid International, Riyadh
- Turkey: Ataturk Airport, Istanbul
- United Arab Emirates: Abu Dhabi International; Dubai International
What about suspensions and changes to H-1B Visas announced on March 6, 2017?
Starting April 3, 2017, USCIS temporarily suspended premium processing for all H-1B petitions. This suspension lasted until July 24, 2017, at which point USCIS announced certain US employers, including all institutions of higher education, would be allowed to resume requests for H-1B premium processing.
About/background on Jan. 27 immigration order
What changed about U.S. immigration policy and practices on Jan. 27, 2017?
President Trump signed an executive order that suspends for 90 days entry visas for citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.
Does the federal court stay order on the executive actions mean that these regulations will not be implemented until further notice?
On February 9, a federal appellate court upheld a temporary restraining order effectively freezing the travel ban. This means that individuals from the seven named countries and Syrian refugees are not currently prohibited from entering the United States or otherwise applying for immigration benefits in the United States through the Department of Homeland Security. Further, the Government cannot prioritize religious minorities when processing refugee claims. Essentially, the court's action restored U.S. immigration practices to those in place prior to the January 27 executive order. While it is our understanding that all previously revoked but unexpired visas have been reinstated, nothing in the courts’ decisions indicate that the State Department is required to issue new visas or grant visa renewals. Because the situation continues to be fluid and the courts have not fully and finally resolved challenges to the executive orders, individuals potentially affected by the executive orders should continue to exercise tremendous caution in their travel plans. Recent statements by the executive branch also indicate that new travel restrictions may be forthcoming.
What is the University of Illinois at Urbana-Champaign’s position on this situation?
Our international students, faculty, staff, postdocs and visiting scholars are highly valued members of our community who have already been thoroughly vetted through the visa and immigration process. We embrace and celebrate their contributions to our university.
This action is of grave concern to our university. Our campus and University of Illinois System leadership are joining with higher education leaders throughout the U.S. to communicate those concerns to the new federal administration.
It is important to note that this is a rapidly developing and uncertain situation, and implementation is being shaped by varying interpretations by immigration officials, subsequent statements by the Trump Administration and legal action.
Has the university made any public statements on the situation?
Yes, Chancellor Robert Jones and Interim Provost Ed Feser have released several statements about our support for international members of the university community. The first was issued Dec. 13. It is available at: https://illinois.edu/massmail/massmail/27979.html
They also issued a massmail on Jan. 30. It is available at: http://go.llinois.edu/jan30immigrationstatement
The University of Illinois System issued a statement on Jan. 30. It is available at: https://www.uillinois.edu/cms/one.aspx?portalId=1324&pageId=340711
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Who is affected?
How many people at the University of Illinois at Urbana-Champaign are affected?
More than 150 students, visiting scholars, faculty and staff could be affected by this policy. We have been working over the past several days to provide information and support to the individuals who are directly affected by this executive order.
Can I have a list of people who are affected?
We do not maintain such a list. If you are an administrator who is trying to assist people who are affected by or concerned about this order and are not sure where to find assistance, please contact Robin Kaler at rkaler@illinois.edu or International Student and Scholar Services at 217/333-1303 or http://isss.illinois.edu/.
Does this affect green card holders?
As of Jan. 29, Department of Homeland Security Secretary Kelly applied a provision of the executive order stating that the entry of lawful permanent residents was in the national interest. A DHS fact sheet issued shortly after stated green card holders should expect “swift entry.” However exceptions can apply, and green card holders also should avoid travelling abroad during this period.
Does this affect advanced parole holders?
Because of the language in Secretary Kelly's waiver determination and the DHS fact sheet, the waiver likely will apply only to lawful permanent residents and not to those who have advanced parole but not permanent residence status. Individuals should consult an experienced immigration lawyer if they have questions or for legal advice before making plans to travel.
What if I am not from one of the seven countries but am from another Muslim-majority nation?
The executive order affects only people from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. However, we are closely monitoring the situation as it evolves and are working with our peer institutions across the nation to support students, faculty and staff from all countries.
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University and external resources
What can International Student and Scholar Services (ISSS) do to help me?
ISSS will work with campus leadership to make sure accurate and timely information is given to you, and will continue to advocate for you at a local and national level.
I want legal advice; can you help me?
You should understand your rights and established legal principles.
https://blogs.illinois.edu/view/7197/438432
The University has identified resources on campus who are able to offer support related to this issue.
https://blogs.illinois.edu/view/7197/438433
I would just like to talk to someone. Where can I go?
The Counseling Center offers a range of services intended to help students develop improved coping skills in order to address emotional, interpersonal and academic concerns.
Address: Room 206, Student Services Building, 610 E. John St., Champaign
Phone: 217-333-3704
Crisis Line: 217-359-4141
Website: https://counselingcenter.illinois.edu
Our Faculty Staff Assistance Program is available to support families of employees and their families. The FSAP program can assist with the emotional aspect of the situation as well as connecting you with support services in the community.
Address: 1011 W. Springfield Ave., Urbana
Phone: 217-244-5312
Website: http://fsap.illinois.edu/
Can you provide links to resources are available to help members of the campus community?
International Student and Scholar Services: http://www.isss.illinois.edu/
Emergency Dean: http://odos.illinois.edu/emergency/
University of Illinois Department of Public Safety: http://police.illinois.edu/
Office of the Provost: https://provost.illinois.edu/
I am concerned about anti-Muslim sentiment and am afraid for the safety of myself/my family. Who can help me?
If you feel unsafe because of the actions of someone else, please call University of Illinois Police at 217-333-1216. If you or someone you know has received verbal or physical threats, please call 911.
Please note that The University of Illinois Police Department continues to work with community and university advocates to train and guide our officers to work in a way that balances human dignity with public safety. Officers do not ask about immigration status.
If you are uncomfortable speaking directly with a police officer, staff members at the Counseling Center, the Faculty Staff Assistance Program, the Dean of Students or other service-focused offices can assist you in sharing your concerns with the police department.
What about undocumented students? Are you still providing services and support to them?
Enrollment management (e.g., Admissions, Registrar, Student Financial Aid) and ISSS does not collect any information on students’ Deferred Action for Childhood Arrivals (DACA) status.
A central campus website highlighting resources and services for potential, incoming and current students can be found at: http://open.illinois.edu.
Undocumented students who qualify under state law (the Acevedo Act) are charged in-state tuition.
La Casa Cultural Latina supports all undocumented/DACA students who request services, regardless of whether they identify as Latina/Latino.
Website: https://oiir.illinois.edu/la-casa-cultural-latina
The University of Illinois Police Department continues to work with community and university advocates to train and guide our officers to work in a way that balances human dignity with public safety.
The university protects student and employee confidential information to the fullest extent allowed by law. For information regarding student rights and employee obligations under the Family Educational Rights and Privacy Act (FERPA), contact the Registrar’s Office at 217-333-2034 or registrar@illinois.edu.
I didn’t find the help I needed on this FAQ. Is there someone I can call?
Associate Chancellor Robin Kaler will serve as the point of contact for reporting specific cases where our students, faculty, staff, postdocs or visiting scholars have been detained or otherwise experienced difficulties because of the new executive order. Please relay any information about such cases to Robin at rkaler@illinois.edu.
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What should I do If...?
I am traveling abroad and I’ve heard that the government has begun “enhanced interrogation” for some people. Do you have any advice for what I should do if I am selected for that?
The American Civil Liberties Union has general guidelines regarding your rights when encountering law enforcement at U.S. airports and other ports of entry. It is available at: https://www.aclu.org/files/kyr/kyr_english_5.pdf
Should people who are from the seven countries attempt to travel during the next 90 days?
The university recommends that citizens from these countries avoid traveling outside the U.S. until there is a further assessment of the new policy. Furthermore, friends and family members from the seven countries should be advised not to travel to the U.S. at this time. The university will continue to carefully monitor this situation and provide updates as we receive them.
I am a student from one of the listed countries, and I am currently out of the country. Who do I contact if I have questions about returning to campus for assistantship/employment obligations, for a preliminary exam or final exam/dissertation defense, or if I have dependents who remain on campus?
Students should contact ISSS, if they are abroad but are unable to return to campus. If you have dependents residing on campus, let ISSS know. Graduate students with teaching/research assistantships or other campus employment should contact the employing department or unit. Graduate students who are unable to return for a scheduled preliminary exam or final exam/dissertation defense should contact the Graduate College. The Graduate College will work with students and departments to develop a solution.
I’m a faculty member/student employee who is out of the country. What do I do?
Please stay in close contact with your appointing unit. Your unit will work with campus administration to determine how to best support your individual situation. As a general matter, we would expect that appointments and pay continue and will look for ways that research and other duties can be addressed remotely.
I’m scheduled to attend a conference or conduct research outside the county. What should I do?
We strongly recommend that affected students and scholars postpone out-of-country travel. We recognize the importance of these experiences to your academic and professional development, so we encourage you to explore possibilities for participating remotely by contacting conference organizers and research partners.
I have an emergency that might require me to travel out of the country. Who can I speak to about my options?
We strongly recommend that affected students and scholars defer travel outside the U.S. However, we understand that an urgent situation requiring out-of-country travel may arise. If so, ISSS and the Dean of Students (helpdean@illinois.edu or 217-333-0050) or the Graduate College Ombudsperson (ombudsperson@illinois.edu) can discuss your options with you.
What if my visa is about to expire?
Reach out to ISSS for guidance and support. The office is at 400 Student Services Building, 610 E. John St., Champaign. The phone number is 217-333-1303 ext. 1. And you can email them at isss@illinois.edu.
I am a prospective student affected by the Immigration Ban Executive Order, should I still apply to the University of Illinois?
Yes. The executive order is in effect for 90 days, which coincides with other processes required for international student admission and enrollment, and so should not impede our usual timeline to process your application. The University of Illinois at Urbana-Champaign evaluates prospective students based on their individual merit, and does not consider national origin in its admissions decision. We are committed to the fundamental principles of academic freedom, equality of opportunity and human dignity and apply these principles in the evaluation of any undergraduate or graduate student application.
Can I apply for Optional Practical Training (OPT) and other non-immigrant benefits
The executive order does not affect status in the U.S., nor the benefits of that status. On February 2, 2017, USCIS Acting Director Lori Scialabba issued a memo confirming that the executive orders do not affect USCIS adjudication of applications and petitions filed for or on behalf of individuals within the United States. Therefore OPT applications and other benefit applications should remain unaffected at this time.
If I am not able to be in the United States for my coursework or other degree requirements, will I be able to participate and complete my degree remotely?
Depending on several factors, federal export control regulations could prevent you from conducting academic activities (such as dissertation defense for Ph.D. candidates) from abroad. Please contact the Graduate College directly at 217/333-0035 for assistance.
What can I do to help?
We urge you to reach out to colleagues from the affected countries and reassure them that you care. Make sure the affected individuals know that they are wanted and supported. They can rightfully expect support from offices such as ISSS and International Programs, but offices that are not international-specific are even more important in demonstrating that the community at large supports them.
Call your legislators and let them know how you feel about the order and its impact on the people and work of the University of Illinois at Urbana-Champaign.
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