Supreme Court allows parts of Executive Order to go into effect

June 28, 2017

The United States Supreme Court issued an opinion on June 26 that allows parts of President Trump’s most recent Executive Order to go into effect. The Supreme Court will consider further actions on the case in October 2017. The Supreme Court ruling allows the ban against initial visa issuance and entry into the United States for foreign nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen who “lack any bona fide relationship with a person or entity in the United States.”

The court indicated that a bona-fide relationship can include:

  • Students at U.S. universities or individuals who have already been admitted into a U.S. university
  • Employees of U.S. companies and organizations, or individuals that have already accepted employment with a U.S. company
  • Close familial relationships

The International Programs Office (IPO) notes that as a result of the Supreme Court’s decision, international students and scholars from the six named countries do not face any new restrictions or limitations to their studies, employment or applications for other U.S. immigration benefits (i.e. OPT, change of immigration status, etc.) because they are considered to already have a bona fide relationship with UMass. Additionally, there is no impact to our existing travel guidance for our UMass international community.

The university, however, continues to recommend that our community members from the six named countries who are already affiliated with UMass continue to use caution before deciding to travel and re-enter the United States for either personal or professional/academic reasons. This is due to the assumption that U.S. immigration officers and U.S. consular officers may subjectively determine, on a case-by-case basis, whether an individual has bona fide ties to the university. If international travel is necessary, we strongly recommend that you consult with IPO for further advice.

Additional resources on the June 26 Supreme Court decision can be found here:

http://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/Travel_Advisory_for_Nationals_of_Certain_Countries_Pursuant_to_Executive_Orders/

https://www.dhs.gov/news/2017/06/26/dhs-statement-us-supreme-court-decision-president-s-executive-order-protecting