Know Your Rights - What To Do if Stopped By An Immigration Officer

Page last updated Friday, December 06, 2017.

The Office of International Affairs (OIA) has created this section on our website to provide information regarding Executive Orders (EO or EOs) and Proclamations. There has been a great deal of news and misinformation surrounding this issue and we want to provide the Pratt community with a place to go for information. Updates will be posted with a date to provide you with a timeframe, and there are resources and links for you to gather additional information.

Please note that we will be doing our best to keep this page updated as we learn more, but anticipate that there may be a 24-48 hour lag behind the major news channels.

Students are cautioned to travel with all properly endorsed documents and avoid optional travel abroad, if at all possible.

If you have immediate concerns regarding your safety, please contact Pratt Institute’s Department of Public Safety:

Brooklyn Campus: 718.636.3540 or 718.636.3541
Manhattan Campus: 212.647.7776     

What is the proclamation?

“On September 24, 2017, President Trump issued Proclamation 9645 pursuant to Section 2(e) of Executive Order 13780, restricting entry to the United Sates for the nationals of eight countries. On December 4, 2017, the Supreme Court of the United States (SCOTUS) stayed preliminary injunctions that had been issued by U.S. District Courts in Hawaii and Maryland, which allows the government to fully enforce Travel Ban 3.0 on all 8 countries. The Proclamation 9645 restrictions are country-specific, and tailored to the situation of each individual country.

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

Iraq is not listed as one of the countries, but the Proclamation states that DHS recommended ‘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.’”

—NAFSA: Association of International Educators.

Full text of the Proclamation is here: Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats  

For more details on the exemptions and exceptions and waivers for each country, please see the NAFSA Website – Indefinite Entry Bar Under Executive Order and go to the section ‘COUNTRIES AND CONDITIONS.’

WHAT IS THE EXECUTIVE ORDER?

Executive Order 13780

“On March 6, 2017, President Trump signed a new executive [order] entitled "Protecting the Nation from Terrorist Entry into the United States." The order includes a revised entry ban on nationals of 6 countries. The new order revokes and replaces Executive Order 13769 in its entirety, effective March 16, 2017.”

The new Executive Order is effective for 90 days starting on March 16, 2017 at 12:01 a.m. eastern time (10 days after the Executive Order was signed). This calculates until June 13 or 14, 2017, depending on whether you count the first and last days of the 90-day period.

The new Executive Order affects citizens of six of the seven countries that had been selected in the prior 90-day bar. Iraq has been removed from the list of countries in the new executive order. The six countries listed are: Iran, Libya, Somalia, Sudan, Syria and Yemen.

Full text of the Executive Order is here: Protecting the Nation from Foreign Terrorist Entry into the United States

UPDATE ON THE EXECUTIVE ORDER(S)

December 6, 2017
 
NAFSA: Association of International Educators Update

“On December 4, 2017, the Supreme Court of the United States (SCOTUS) stayed preliminary injunctions that had been issued by U.S. District Courts in Hawaii and Maryland, which allows the government to fully enforce Travel Ban 3.0 on all 8 countries.”

October 26, 2017

NAFSA: Association of International Educators Update 

“This page provides updates on litigation arising from the 'travel bans.'”

October 26, 2017

NAFSA: Association of International Educators Update

“A Temporary Restraining Order (TRO) issued by the U.S. District Court for the District of Hawaii blocks enforcement of the Proclamation 9645 bars on the following countries, effective October 17, 2017: Iran, Libya, Syria, Yemen, and Somalia. The Proclamation 9645 bars on North Korea and Venezuela were not included in the TRO, and remain in effect.”

September 24, 2017
 
NAFSA: Association of International Educators Update
 
“This is a new exercise of authority under Executive Order 13780. The prior 90-Day entry ban under Section 2(c) expired on Sunday, September 24, 2017, except for the portion relating to refugees, which expires on October, 24, 2017. The current "list of 8" comprises five countries that had been included in the prior 90-day entry ban (Sudan was removed), and three new countries: Chad, North Korea, and Venezuela.”

September 24, 2017
 
NAFSA: Association of International Educators Update 
 
“The 90-Day Travel Ban expires on Sunday, September 24, 2017, except for the portion relating to refugees, which expires on October, 24, 2017.”

May 26, 2017

NAFSA: Association of International Educators Update

“Court orders from two U.S. District Courts (Maryland and Hawai'i) temporarily prevent the Government from enforcing the Section 2(c) 90-day entry bar of Executive Order 13780. The Hawai'i Court's preliminary injunction prevents enforcement of all of Section 2 of the executive order, which includes a block on the prospective “indefinite” entry bar of Section 2(e) as well. The Government has appealed both the Maryland and Hawai'i orders, but on May 25, 2017, the appeals court upheld the district court's preliminary injunction. That same day, Attorney General Jeff Sessions announced that the Department of Justice would ask the Supreme Court to review the Fourth Circuit's ruling. See NAFSA's Executive Order Litigation Updates to stay current.”

March 29, 2017

NAFSA: Association of International Educators Update 

"On March 29, 2017, the U.S. District Court in Hawai'i converted its March 15, 2017 temporary restraining order (which was valid for a maximum of 14 days), into a preliminary injunction, which will continue to block enforcement of the Section 2(c) 90-day travel bar and the Section 6 120-day refugee admissions bar for the duration of the litigation in the Hawai'i District Court. The preliminary injunction also continues to block all of Section 2 of the executive order, including the prospective "indefinite" entry bar of Section 2(e). The Government appealed this court order on March 30, 2017. On April 3, 2017, the Court granted the Government's unopposed motion to expedite consideration of the Government's March 31, 2017 motion for a stay of the District Court's preliminary injunction and the Government's underlying appeal of the injunction, and set an April-May appeal calendar."

March 17, 2017

NAFSA: Association of International Educators Update

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. Also read the court opinion supporting the preliminary injunction order.

On 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.

Other sections of Executive Order 13780 that are not enjoined by court order became effective at 12:01 AM eastern time on March 16, 2017.

March 10, 2017

NAFSA: Association of International Educators Update – F/M/J nonimmigrants in the DHS FAQ

“The DHS executive order FAQ contains the following questions/answers directed specifically to students and exchange visitors in the F, M, or J nonimmigrant categories or their dependents:

Q24. Are international students, exchange visitors, and their dependents from the six countries (such as F, M, or J visa holders) included in the Executive Order? What kind of guidance is being given to foreign students from these countries legally in the United States?

"The Executive Order does not apply to individuals who are within the United States on the effective date of the Order or to those individuals who hold a valid visa. Visas which were provisionally revoked solely as a result of the enforcement of Executive Order 13769 are valid for purposes of administering this Executive Order. Individuals holding valid F, M, or J visas may continue to travel to the United States on those visas if they are otherwise valid. Please contact the State Department for information about how the Executive Order applies to visa applicants."

Q25. What happens to international students, exchange visitors or their dependents from the six countries, such as F, M or J visa holders if their visa expires while the Executive Order is in place and they have to depart the country?

"The Executive Order does not affect F, M, or J visa holders if they currently have a valid visa on the effective date or held a valid visa on January 27, 2017 prior to the issuance of the Executive Order. With that said, travelers must have a valid visa to travel to the United States, regardless of the Executive Order.  Travelers whose visa expires after the effective date of the Executive Order must obtain a new, valid visa to return to the United States."”

March 06, 2017

NAFSA: Association of International Educators Update - New Executive Order

February 23, 2017

If you are a student who might be affected by a pending Executive Order, our best advice to you is to stay in school as a full-time student and do not plan any travel outside the U.S.

February 09, 2017

United States Court of Appeals for the Ninth Circuit – Motion for a Stay of an Order of the United States District Court for the Western District of Washington

February 04, 2017

DHS Statement on Compliance with Recent Court Order

"In accordance with the judge's ruling, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, 'Protecting the Nation from Foreign Terrorist Entry into the United States.'"

This includes actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order.

DHS personnel will resume inspection of travelers in accordance with standard policy and procedure.

At the earliest possible time, the Department of Justice intends to file an emergency stay of this order and defend the president's Executive Order, which is lawful and appropriate.  The order is intended to protect the homeland and the American people, and the president has no higher duty and responsibility than to do so.”

U.S. Department of State – Urgent Notice

“The Department of State had also, under the Executive Order, provisionally revoked all valid visas of nationals of those seven countries.  That provisional revocation is now lifted, and those visas are now valid for travel to the United States, if the holder is otherwise eligible.”

February 03, 2017

USCIS: U.S. Citizenship and Immigration Services – Alert

USCIS Implementation of Jan. 27 Executive Order

“USCIS continues to adjudicate applications and petitions filed for or on behalf of individuals in the United States regardless of their country of origin, and applications and petitions of lawful permanent residents outside the U.S. USCIS also continues to adjudicate applications and petitions for individuals outside the U.S. whose approval does not directly confer travel authorization. Applications to adjust status also continue to be adjudicated, according to existing policies and procedures, for applicants who are nationals of countries designated in the Jan. 27, 2017, 'Executive Order: Protecting the Nation From Foreign Terrorist Entry Into the United States.'

We will provide additional guidance as it becomes available."

February 01, 2017

Pratt Institute: Community Resources

“Pratt is an international community including many members who are not citizens of the U.S., as well as U.S. citizens who expect to be traveling to countries covered by the current ban. Community members have legitimate questions about undertaking international travel. Pratt staff stand ready to offer assistance and referrals for any of our community members who have questions or concerns.”

January 30, 2017

Pratt Institute: Letter on the Immigration Executive Order

“The executive order issued by President Donald Trump on Friday regarding federal immigration practices and policies has caused understandable concern and confusion within our community. The executive order in part bars entry or re-entry to the United States of persons from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen and could affect Pratt students, faculty, and staff from those countries.”

January 27, 2017

White House: From the Press Office – Executive Orders

Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States

RESOURCES