Statement from Global Affairs on the Recent Executive Order Decision

Dear students and scholars,

You have undoubtedly seen the news in the last few days regarding the June 26, 2018 decision of the Supreme Court of the United States to uphold Presidential Proclamation 9645, which was issued on September 24, 2017. The Presidential Proclamation 9645  provides country-specific entry restrictions for citizens of Iran, Libya, Syria, Yemen, North Korea, Venezuela, and Somalia.

We are very concerned about how this decision affects students and scholars in the UC Davis community and we are writing to remind you that we fully support all of our international students and scholars. While we all understand the importance of keeping the U.S. safe, we also believe that this executive order is not consistent with the values that we know are an integral part of the university, and the Davis community.

We are here to support our international community and our staff members are here to provide as much information and assistance as possible. You can contact Services for International Students and Scholars (SISS) if you have concerns or need assistance related to this executive order via email at siss@ucdavis.edu or find staff contact information on the SISS website.

To answer some questions you may have, we are including the following list of the most important points of Presidential Proclamation 9645. Please reach out if you have any further questions or concerns.

Sincerely,

Vice Provost and Associate Chancellor, Global Affairs
Joanna Regulska

Services for International Students and Scholars Director, Global Affairs
Wesley Young

Key Points of Presidential Proclamation 9645

Who is NOT directly affected by the Supreme Court decision and Presidential Proclamation 9645?

The Executive Order does not cancel currently valid visas, and does not apply to:

• U.S. Lawful permanent residents (green card holders);
• People admitted or paroled into the U.S. on or after the effective date of Presidential Proclamation 9645 (September 24, 2017);
• People with a document other than a visa that allows them to travel to the U.S., if the document is dated on or after the effective date of the Proclamation;
• Dual-nationals traveling on a passport from a non-designated country;
• Foreign nationals traveling on a diplomatic visa, NATO visas, C-2/U.N. visas, or G-1, G-2, G-3, or G-4 visas;
• People who have been granted asylum by the U.S.;
• Refugees already admitted to the U.S.; or
• Individuals granted withholding of removal, advance parole, or protection under the Convention against Torture.

This decision does not allow for an exception for “Bona Fide Relationships” (for example, close family ties such as a parent, spouse, child, sister, brother, or fiancé(e))

Citizens of the following countries are directly affected by the Supreme Court decision and Presidential Proclamation 9645

Iran

• All immigrant and nonimmigrant visas are suspended for Iranian nationals except for those with F, J, or M visas.
• Those with F, J, or M visas will most likely be subject to heightened screening.

Libya

• Suspends the entry of immigrants and temporary visitors on business or tourist visas (B-1/B-2).

Somalia

• All immigrant visas are suspended for Somali nationals.
• Non-immigrant visas are permitted, subject to heightened screening.

Syria

• All immigrant and nonimmigrant visas for Syrian nationals are suspended.

Yemen

• Suspends the entry of immigrants and temporary visitors on business or tourist visas (B-1/B-2).

 North Korea

• All immigrant and nonimmigrant visas are suspended for North Korean nationals

Venezuela

• Visa issuance for officials of government agencies of Venezuela involved in screening and vetting procedures and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is suspended. Additionally, nationals of Venezuela who are visa holders are subject to heightened screening.
• Venezuelans traveling on diplomatic visas are not affected by this order.

Waivers Seeking an Exception

The Proclamation describes waivers that would allow the visa to be issued as long as:

• Denying entry would cause the foreign national undue hardship;
• Entry to the U.S. would not pose a threat to the national security or public safety of the United States; and
• Entry would be in the national interest of the United States.

A consular officer or Customs and Border Protection (CBP) official may grant a waiver on a case-by-case-basis. The law also lists several examples where a waiver can be granted, such as needing urgent medical care, reuniting with immediate family members in the U.S., business ties, etc.

If you are interested in the waiver process, we recommend that you contact an immigration attorney. Please email Services for International Students and Scholars (SISS) at siss@ucdavis.edu for contact information.

How to Get Legal Help

Free legal advice is available from CAIR SF Bay Area (408-986-9874) or Advancing Justice-Asian Law Caucus (415-848-7711).