US executive orders open door to travel ban and stricter visa vetting

Several of the executive orders signed on January 20th relate to immigration, and an order entitled Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats in particular contains measures relating to international students.

Visa vetting: The Executive Order requires that the Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall promptly identify all resources that can be used to ensure all those seeking admission to the USA are “vetted and screened to the maximum degree possible”.

Increased vetting of student visa applications as well as other visa categories without additional resources could lead to longer wait times, associations fear.

NAFSA Association of International Educators , which has published a public guide to the actions by the incoming government, said that “increased scrutiny could result in delays and additional requirements for student and scholar visa applicants”.

Travel bans: The President has also requested a report within 60 days “identifying countries throughout the world for which vetting and screening information is so deficient as to warrant a partial or full suspension on the admission of nationals”.

It also requires that a report on how many nationals have been admitted from those countries since January 20th, 2021, and whether any information would support their removal.

During his first administration, President Trump issued a sudden order banning all travel from certain countries including Iran, Iraq and Libya, although after legal challenges and revisions F-1 visa students were in most cases still allowed to enter the USA. President Biden rescinded the travel ban in 2021 as one of his first actions in office.

NAFSA warned that students and scholars from countries identified through the processes in the Executive Order may face bans on admission to the USA or increased visa denials.

By far the largest of the source countries affected by the travel ban in the first Trump presidency was Iran. In 2023/24, there were 12,430 Iranian students enrolled at universities and colleges in the USA, according to the latest Open Doors report by the Institute of International Education (IIE), which represented a 15 per cent increase over the prior year and a return to pre-pandemic enrolment levels.

Deportations: The Executive Order also requires a report within 30 days on actions necessary to protect American people from the actions of foreign nationals, including those who “preach or call for sectarian violence, the overthrow or replacement of the culture on which our constitutional Republic stands, or who provide aid, advocacy, or support for foreign terrorists”.

During the election campaign, Trump as well as other high-profile Republican Party figures called for the revocation of visas for students involved in the pro-Gaza protests that have taken place on more than 100 university campuses across the USA, while the Republican Party manifesto featured a commitment to “deport pro-Hamas radicals and make our college campuses safe and patriotic again”.

The Executive Order also requires a report within 30 days to evaluate all existing regulations on inadmissibility to the USA.

The report shall also “evaluate all visa programs to ensure that they are not used by foreign nation states or other hostile actors to harm the security, economic, political, cultural, or other national interests of the United States”.

During a seminar on the new political landscape in the USA, Jill Allen Murray, Deputy Executive Director, Public Policy at NAFSA, highlighted some of the concerns for the sector. She highlighted that the raft of executive orders “opens the for potential actions, but doesn’t take them yet”.

The Presidents’ Alliance on Higher Education and Immigration, a non-partisan association of more than 550 college and university leaders, expressed concern about the impact of the executive orders.

Miriam Feldblum, Executive Director, said in a statement, “The U.S. is facing an immense talent imperative to sustain our global economic competitiveness, drive innovation, fill workforce shortages, and produce a trained and dedicated workforce. Higher education institutions, and measures that allow for undocumented, international, and refugee students to study and succeed in this country, are essential components of helping our nation seize these opportunities.

“While we continue to review the fine print and related implications of the executive orders, we have grave concerns about the adverse impacts that a number of these actions and proposed policies could have. These measures risk wasting the potential of talented students and undermining the strength of campuses and higher ed institutions.”

Green cards for students?: During the election campaign, President Trump spoke on a tech podcast about issuing green cards for international graduates. At the time of writing, the President had not made any comments or orders relating to post-study work and residency routes for international students.

However, Miriam said that there are real possibilities for the association to find common ground for cooperation with the new government.

“President Trump has said he supports H-1B visas and global talent, wants to find a way for Dreamers to stay and succeed, and has suggested giving green cards to international student graduates of U.S. institutions. We agree and stand ready to partner on such measures, while reaffirming our steadfast commitment to America’s tradition as a beacon of hope for the world.”