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  • Date:

    Protecting The Meaning And Value Of American Citizenship – The White House (Jan. 20, 2025)

    Executive Order: Protecting the Meaning and Value of American Citizenship. This Executive Order instructs that no department or agency of the United States government shall issue documents recognizing U.S. citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize U.S. citizenship to persons: (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth. The Order only applies to persons who are born within the U.S. thirty days subsequent to issuance of the Order. The Secretary of State, Attorney General, Secretary of Homeland Security, and the Commissioner of Social Security will all regulate the Order. The Order mandates the heads of all executive departments and agencies to issue public guidance within thirty days of the Order. 

    Topics:

    Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Employment of Foreign Nationals | Faculty & Staff | Immigration | International Students

  • Date:

    Protecting The American People Against Invasion – The White House (Jan. 20, 2025)

    Executive Order: Protecting the American People Against Invasion. This Executive Order requires the Attorney General and the Secretary of Homeland Security to jointly establish the Homeland Security Task Force (HSTF) in all states nationwide. The Order prioritizes the enforcement of the Immigration and Nationality Act (INA) and directs the Attorney General to prioritize prosecution of criminal offenses of people who are undocumented. The Order directs the Department of Homeland Security to ensure the efficient and expedited removal of people who are undocumented from the United States and to construct detention facilities pending the outcome of their removal proceedings. The Order requires the Attorney General and Secretary of Homeland Security to review, and if appropriate, audit all contracts, grants, or other agreements providing Federal funding to non-governmental organizations supporting or providing services, either directly or indirectly, to people who are undocumented. The Order narrows the scope of designations for Temporary Protected Status and finally, the Order states that all “Sanctuary Jurisdictions” will no longer receive federal funds. This Order rescinds Executive Order 13993: Revision of Civil Immigration Enforcement Policies and Priorities; Executive Order 14010: Creating a Comprehensive Regional Framework to Address the Causes of Migration throughout North and Central American and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border; Executive Order 14011: Establishment of Interagency Task Force on the Reunification of Families; and Executive Order 14012: Restoring Faith in Our Legal Immigration System and Strengthening Integration and Inclusion Efforts for New Americans.   

    Topics:

    Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Employment of Foreign Nationals | Faculty & Staff | Immigration | International Students

  • Date:

    New Hampshire Indonesian Community Support v. Donald J. Trump (D.N.H Jan. 20, 2025)

    Complaint for Declaratory and Injunctive Relief. Plaintiffs, several organizations with members impacted by Executive Order: Protecting the Meaning and Value of American Citizenship (the Order), allege that defendants Donald J. Trump, President of
    the United States, U.S. Department of Homeland Security (DHS), U.S. Department of State (DOS), Secretary of State, U.S. Department of Agriculture (USDA), and Centers for Medicare and Medicaid Services (CMS) are violating the Citizenship Clause,
    as well as the Birthright Citizenship Statute and request that the Order be enjoined. The Order denies citizenship to children born on American soil to a mother who is unlawfully present or temporarily present, and a father who is not a U.S. citizen
    or lawful permanent resident. Plaintiffs allege that “by attempting to limit the right to birthright citizenship, the Order exceeds the President’s authority and runs afoul of the Constitution and federal statute.” Plaintiffs
    contend the Order violates the Fourteenth Amendment’s Citizenship Clause by way of denying citizenship to the children of noncitizens who are born in the United States and subject to the jurisdiction of the United States. Plaintiffs go on
    to state that “once deemed to be non-citizens, the children of plaintiffs’ members and other similarly situated children will be subject to immigration enforcement by DHS, CBP, and ICE. This may include arrest, detention, and deportation to countries they have never even visited.” Plaintiffs rely on United States v. Wong Kim Ark (1898), as well the codified language from Congress re Birthright Citizenship in statute 8 U.S.C. § 1401(a). Finally, plaintiffs are asking the Court to declare the Order unconstitutional and unlawful in
    its entirety, and preliminarily and permanently enjoin defendants from enforcing the Order. 

    Topics:

    Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Employment of Foreign Nationals | Faculty & Staff | Immigration | International Students

  • Date:

    Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS); International Students; Background Checks & Employee Verification: Laken Riley Act Passed Congress (Jan. 23, 2025)

    The 119th U.S. Congress passed S. 5, the “Laken Riley Act” (the Bill) which requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals who have been arrested for burglary, theft, larceny, or shoplifting. Additionally, the Bill would authorize states to sue the federal government for decisions or alleged failures related to immigration enforcement. President Donald J. Trump is expected to sign the Bill. 

    Topics:

    Background Checks & Employee Verification | Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Employment of Foreign Nationals | Faculty & Staff | Immigration | International Students

  • Date:

    ACE Issue Brief on Campus Challenge Under Trump’s Immigration Policies (Jan. 16, 2025)

    American Council on Education (ACE) Issue Brief on “Campus Challenges under Trump’s Immigration Policies.” The Brief is designed to help campuses navigate the shifting landscape of immigration policies under the new administration, drawing on lessons from the first Trump administration. The Brief explores what is to come regarding policies for international students, faculty and staff, students with discretionary status, and Dreamers, as well as potential enforcement for sanctuary campuses and sensitive locations. Finally, the Brief includes legal and non-legal resources to guide campuses as immigration policies and trends develop. 

    Topics:

    Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Employment of Foreign Nationals | Faculty & Staff | Immigration | International Students

  • Date:

    U.S. Dep’t of Homeland Security (DHS) Finalized H-1B Visa Rule (Dec. 18, 2024)

    The U.S. Department of Homeland Security (DHS) finalized a rule on H-1B visas, allowing U.S. employers to temporarily employ foreign workers in specialty occupations, including international student graduates. Specifically, the rule will allow nonprofits where research is deemed as a fundamental activity to be exempt from the current H-1B caps. Additionally, the final rule codifies DHS’ current practice, allowing the agency to defer to a prior decision on status if it involves the same employer, employee, via classification and appointment, and extends employment authorization to F-1 students who have submitted an H-1B petition to avoid disruptions in their employment authorization. 

    Topics:

    Compliance & Risk Management | Compliance Programs, Policies & Procedures | Immigration | International Students

  • Date:

    ACE Letter to the State Department on Addressing Visa Processing Delays (July 5, 2024)

    Letter from the American Council on Education (ACE) and 19 other organizations to the State Department on Addressing Visa Processing Delays.  Noting that students from India have recently made up over a quarter of all international students in this country, the letter expresses concerns over delays in processing F-1 and J-1 visa applications at U.S. consulates in India.  It notes, in particular, “reports of students receiving dates for interviews 100-200 days into the future, which will cause them to miss the start of their academic programs in the fall.”   

    Topics:

    Immigration | International Students

  • Date:

    ACE Comment Letter to DHS on Proposed Rule to Modernize the H-1B and Other Visa Processes (Dec. 22, 2023)

    Comment Letter from the American Council on Education (ACE) and 19 other higher education associations to the Department of Homeland Security (DHS) on its NPRM “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers.” The letter expresses support for multiple provisions of the NPRM, including those that would shift to a beneficiary-centric lottery system in the H-1B registration process, codify the current deference policy that requires consideration of prior determinations when there have been no material changes that would adversely impact an application, provide greater flexibility for graduating students seeking to move from Optional Practical Training into an H-1B position, and eliminating the requirement that applicants provide an itinerary if their work or training will occur in more than one location. The letter expresses concern about a proposed change to the definition and process for determining when a position involves a “specialty occupation,” noting that it would limit the potential pool of applicants for many faculty positions (such as in engineering programs) for which required specialization need not be in a specifically identified subspecialty. 

    Topics:

    Employment of Foreign Nationals | Faculty & Staff | Immigration | International Students

  • Date:

    ACE Letter to the State Dep.’t on Interview Requirements for Non-Immigrant Visa Applicants (Dec. 8, 2023)

    Letter from the American Council on Education (ACE) and 25 other higher education associations to the U.S. Secretary of State on the in-person interview requirement for some non-immigrant visa applicants.  In the letter, ACE urged the Secretary of State to extend and make permanent the waiver of the in-person interview requirement established during the COVID-19 pandemic for international students and scholars applying for F-1 and J-1 visas.  The current waiver is set to expire at the end of the year.   

    Topics:

    Immigration | International Students

  • Date:

    DHS NPRM on H-1B Requirements and F-1 Flexibility (Oct. 23, 2023)

    U.S. Department of Homeland Security Notice of Proposed Rulemaking (NPRM) Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers. The proposed regulations would “streamline requirements for the H-1B program by: (1) revising the regulatory definition and criteria for a ‘specialty occupation’; (2) clarifying that ‘normally’ does not mean ‘always’ within the criteria for a specialty occupation; and (3) clarifying that a position may allow a range of degrees, although there must be a direct relationship between the required degree field(s) and the duties of the position.” The regulations would also “change the definition of ‘nonprofit research organization’ and ‘governmental research organization’ by replacing ‘primarily engaged’ and ‘primary mission’ to ‘fundamental activity’ to permit a nonprofit entity or governmental research organization that conducts research as a fundamental activity … to meet the definition of a nonprofit research entity.” They would also provide greater flexibility with automatic extension for F-1 visa holders who seek to change their status to H-1B.   

    Topics:

    Faculty & Staff | Immigration | International Students

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