Jan. 10, 2018
On January 9, 2018, a federal court judge in California blocked the rescission of the DACA program. The ruling is effective nationwide and requires the U.S. government to ‘maintain the DACA program on a nationwide basis on the same terms and conditions as were in effect before the rescission on September 5, 2017, including allowing DACA enrollees to renew their enrollments…’ However, the ruling also states: 1) new DACA applications, may, but need not, continue to be processed; 2) the advance parole program may, but need not, be continued; and 3) that the government may remove any individual, including any DACA enrollee, who it determines poses a risk to national security or public safety, or whom the government otherwise determines needs to be removed. The government has announced its intention to appeal the decision.
Dec. 5, 2017
On December 4, the United States Supreme Court ordered that President Trump’s third travel ban will go into effect while legal challenges are pending. The travel ban prevents certain nationals from Syria, Libya, Iran, Yemen, Chad, Somalia, North Korea, and Venezuela from entering the U.S. At this time, we recommend that students, faculty, and staff from any of the eight countries (except those who have dual-citizenship and are traveling under a passport issued by a country other than one of the eight countries) consult with the college’s immigration attorney before traveling outside of the United States.
Oct. 18, 2017
A federal judge in Hawaii issued a nation-wide temporary restraining order preventing much of President Trump’s third travel ban from taking effect on October 18, 2017. The judge’s ruling temporarily blocks the provisions of the ban that prevent certain nationals from Syria, Libya, Iran, Yemen, Chad and Somalia from entering the U.S. The ban remains in effect for certain nationals from North Korea and Venezuela. At this time, we recommend that students, faculty, and staff from any of the eight countries (except those who have dual-citizenship and are traveling under a passport issued by a country other than one of the eight countries) consult with the college’s immigration attorney before traveling outside of the United States.
Sept. 24, 2017
Today, President Trump issued a “proclamation” restricting entry into the U.S. of individuals from Chad, Iran, Libya, North Korea, Syria, Venezuela, and Yemen. With the exception of North Korea, the restrictions do not apply to student visas. The proclamation also allows for exceptions in various circumstances. At this time, we recommend that students, faculty, and staff from the affected countries (except those who have dual-citizenship and are travelling under a passport issued by a country other than one of the seven restricted countries) consult with the college’s immigration attorney before traveling outside of the United States.
Sept. 5, 2017
In a Sept. 5 letter to the Amherst community, President Martin characterized as “reprehensible” the Trump Administration decision to rescind the Deferred Action for Childhood Arrivals program. “We will continue our commitment to recruiting, admitting and educating the most talented students regardless of where they were born or what resources their families might enjoy,” she wrote. Barring a lawfully issued subpoena or judicial order, she continued, the College will not share students’ records against their wishes.
The U.S. Department of Justice today announced that the Deferred Action for Childhood Arrivals (“DACA”) program will be rescinded effective March 5, 2018. Anyone who has a DACA permit expiring between now and March 5, 2018 can apply for a two-year renewal if the application is submitted by October 5, 2017. Congress may act to reinstate the DACA program or some similar program prior to the deadline. In the meantime, The college will make the services of our immigration attorney available to any student in DACA status. Students with DACA status are encouraged to avoid any international travel at this time.
Aug. 30, 2017
President Trump is expected to make an announcement about the DACA program within the next few days. We encourage any students with DACA status to avoid international travel until such time as the effect of the expected announcement has been ascertained.
June 26, 2017
The Supreme Court granted a request to limit the preliminary injunctions previously issued by the 4th and 9th federal Courts of Appeals. Individuals from the six designated countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen) who have a “bona fide relationship with a person or entity in the United States” may NOT be denied entry under the executive order; however, anyone without such a “bona fide relationship” may now be denied entry into the U.S.
The Supreme Court defined a “bona fide relationship” as a “close familial relationship” with an individual in the U.S. or a “formal, documented…” relationship with an entity in the U.S. According to the court’s decision, students from the designated countries who have been admitted to a college or university in the U.S. have such a bona fide relationship. The same “bona fide relationship” test applies to refugee admissions. This decision is a preliminary decision that may be modified once the Supreme Court hears the case in October 2017.
June 15, 2017
The Department of Homeland Security rescinded the Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) policy of the prior administration. The memo announcing the change can be accessed at https://www.dhs.gov/news/2017/06/15/rescission-memorandum-providing-deferred-action-parents-americans-and-lawful and FAQs are available at https://www.dhs.gov/news/2017/06/15/frequently-asked-questions-rescission-memorandum-providing-deferred-action-parents. DAPA was challenged in court shortly after it was originally announced and has never been implemented. The FAQs above specifically state that the rescission does not affect the separate Deferred Action for Childhood Arrivals (“DACA”) policy, and that DACA recipients are eligible to renew their status. (Note: on September 5, 2017, the U.S. Department of Justice announced that the DACA program will be rescinded as of March 5, 2018. See President Martin's response.)
June 12, 2017
The 9th Circuit Court of Appeals unanimously upheld the preliminary injunction prohibiting the enforcement of the provisions of the executive order that 1) restrict entry into the U.S. of people from six designated countries; 2) suspend refugee admissions; and 3) impose a cap on the number of refugee admissions.
May 25, 2017
The 4th Circuit Court of Appeals upheld the preliminary injunction prohibiting the enforcement of the provision of the executive order that restricts entry into the U.S. of people from six designated countries.
March 16, 2017
A federal judge in Maryland issued a nation-wide preliminary injunction temporarily halting the enforcement of the portion of the new executive order that prevents certain nationals from six countries from entering the U.S.
March 15, 2017
A federal judge in Hawaii issued a nation-wide temporary restraining order preventing President Trump’s new travel ban executive order from taking effect on March 16, 2017. The judge’s ruling temporarily blocks the provisions of the ban that prevent certain nationals from six countries from entering the U.S. and that suspend the refugee program. President Trump has announced his intent to appeal the decision.
March 6, 2017
The Supreme Court vacated the prior decision of the Fourth Circuit Court of Appeals in favor of Virginia trans man Gavin Grimm. The case has sent back to the Fourth Circuit for further evaluation in light of the decision by the U.S. Department of Justice and U.S. Department of Education to rescind previous guidance regarding the rights of transgendered individuals in U.S. primary, secondary, and post-secondary institutions of education.
March 6, 2017
President Trump issued a new executive order banning entry into the United States by foreign nationals from six specific countries. The new executive order supersedes the prior executive order issued on January 27, 2017. For more information, see this Fact Sheet and QandA from the U.S. Department of Homeland Security.
Although the new executive order explicitly states that existing valid visas will not be affected, this issue remains complex and evolving. Therefore, we recommend that all international students, faculty, and staff consult with an immigration law expert before traveling internationally. To arrange a consultation with the college’s outside immigration counsel, please contact General Counsel Lisa Rutherford at firstname.lastname@example.org.
Feb. 21, 2017
Today, John Kelly, Secretary of Homeland Security, issued two memos implementing executive orders previously issued by President Trump related to immigration enforcement. (NOTE: these memos do not pertain to the separate so-called “travel ban” executive order).
For more information, please see the memos at:
- Implementing the President's Border Security and Immigration Enforcement Improvement Policies
- Enforcement of the Immigration Laws to Serve the National Interest
See the Q&A documents released by the Department of Homeland Security as well:
- DHS Implementation of the Executive Order on Border Security and Immigration Enforcement
- DHS Implementation of the Executive Order on Enhancing Public Safety in the Interior of the United States
Significantly, the Q&As make clear that: 1) the memos do not affect recipients of DACA; and 2) colleges continue to qualify as “sensitive locations,” which limits the immigration enforcement activities that can occur on campuses. We will continue to work with immigration law experts to evaluate the practical effects of these new memos.
Feb. 9, 2017
In a unanimous decision, the 9th Circuit Court of Appeals denied the U.S. Justice Department's request to reinstate the travel ban while litigation continues in the lower court. That decision is available to read here. Continued legal action is expected, including a likely appeal to the Supreme Court."
Feb. 5, 2017
A federal appeals court rejected an emergency request filed by the U.S. Justice Department to immediately reinstate the travel ban. The ruling means citizens from Iran, Iraq, Somalia, Sudan, Syria and Yemen as well as refugees, from any country, with approved applications may continue to enter the U. S. More legal action challenging the ban is expected to be filed within the week.
Feb. 3, 2017
Jan. 29, 2017
Department of Homeland Security Secretary John Kelly issued a statement on compliance with court orders allowing for the entry of lawful permanent residents (green card holders) from Iran, Iraq, Libya, Somalia, Sudan and Yemen into the United States on a case by case basis. At this time, we continue to advise Amherst students, faculty and staff from the affected countries, including those who are dual citizens or have green cards, not to travel outside of the U.S.
Jan. 28, 2017
A federal judge issued an injunction blocking implementation of the Executive Order, stating that lawful refugees, visa holders, permanent residents (green card holders) and dual citizens from the named countries could not be removed from the U.S. This order may not affect individuals in these categories who have not yet traveled to the U.S., however. It is unclear how the ongoing adjudication of challenges to the Executive Order will affect these and other groups.
Jan. 27, 2017
President Trump signed an Executive Order suspending entry into the United States for refugees for 120 days; nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen for 90 days; and Syrian refugees indefinitely. At present, we advise Amherst students, faculty and staff from the affected countries, including those who are dual citizens or have green cards, not to travel outside of the U.S. Multiple courts have issued emergency stays temporarily halting the removal of individuals detained after the order.