From enhanced vetting, sporadic SEVIS terminations (that were later reinstated), targeted visa revocations, ICE arrests, social media monitoring, crackdowns on activists, and temporary pausing of visa interviews (that were also reinstated), the Trump administration has shown great animosity to foreign students and scholars during its first months. These draconian policies harm the future of the county, not only the academic institutions themselves but the synergy from attracting the best and the brightest from around the world. We should invest in commonsense ways that bright and talented people can lawfully remain in the United States beyond their collegiate years.

The aftermath of the administration’s actions makes evident the fragility of F-1 status, as it offers limited protection. Court rulings fortunately limited some of the most outlandish terminations and revocations. Still, the personal turmoil amongst these students, enrollment decline, and decline in the US’s global credibility all carry long-term negative ramifications.

Nationals From Countries Partially Restricted from Entry:

  • Burundi,
  • Cuba,
  • Laos,
  • Sierra Leone,
  • Togo,
  • Turkmenistan, and
  • Venezuela

To implement the partial restriction, consular officers were instructed to reduce the validity of nonimmigrant visas issued to nationals from those countries. These restrictions apply to both nonimmigrant and immigrant visas.

There are some exceptions to the bans:

The following foreign nationals are not banned from travelling to the United States with the appropriate visa:

  • Lawful permanent residents,
  • dual nationals using a passport that is not from one of the banned countries,
  • diplomats and international organization employees,
  • athletes traveling for major sporting events,
  • immediate relatives,
  • adoptees,
  • Afghan Special Immigrants,
  • S. employee Special Immigrants, and
  • persecuted ethnic and religious minorities in Iran

In addition, the Administration may also offer an exception if a foreign national would serve a U.S. national interest.

In announcing the travel ban, the Administration also stated that it will review the list 90 days after the effective date and then every 180 days after that to determine if any country can be removed or added to the list. As of publication, the Trump administration also was weighing adding an additional 36 countries to the travel ban.

This policy directly undercuts one of the U.S. immigration law’s overarching purposes, which is to ensure family unity. Under this ban, spouses and children of lawful permanent residents, adult children of U.S. citizens, and siblings of U.S. citizens will be stuck and unable to join their family members in the United States, despite an approved family petition. It also stops processing of fiancé visas for those engaged to marry U.S. citizens in the United States.

Published by
Palmer Polaski PC

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