Current and Emerging Immigration Issues
If you have questions or concerns about these issues, please reach out to the University’s primary point-of-contact for immigration-related matters:
The January 27, 2017 Executive Order on Immigration
President Donald J. Trump issued an Executive Order entitled “Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals” on January 27, 2017.
Montclair State University President Susan A. Cole delivered this message to the university community on January 31, 2017.
Updates (Last Updated: 2/16/2017)
On February 3, 2017, a U.S. District Court judge in the State of Washington issued a temporary restraining order (TRO) that stays Sections 3(c) and 5(a), 5(b), 5(c) and 5(e) of the January 27 Executive Order. On February 9, 2017, the U.S. Court of Appeals for the Ninth Circuit rejected an appeal by the Justice Department to lift the stay. The ruling of the Ninth Circuit is now subject to appeal to the U.S. Supreme Court. In addition, the Trump administration, Department of Homeland Security, Department of State, and Customs and Border Protection continue to clarify details of the Executive Order as they impact current visa holders and green card holders. For in-depth, timely information, please refer to the NAFSA: Association of International Educators Travel Advisory for Nationals of Certain Countries Pursuant to Executive Order 13769. We will continue to apprise you of further updates.
Section 3 of the Executive Order “suspend[s] entry into the United States” of both immigrants and nonimmigrants (including B, F, J, H, O, P, TN, and other statuses; green card holders; refugees; undocumented immigrants; etc.) from at least 7 countries, for 90 days from the date the Executive Order was signed. The only excluded immigration categories are those on diplomatic visas, NATO visas, C-2 visas, and G-1, G-2, G-3, and G-4 visas. For the time being, the affected countries are:
Additional countries could be added to this list. If you are a citizen (even if you hold dual citizenship) of one of the above countries, Montclair State University strongly urges you not to travel outside the United States. If you feel you are in a situation that requires you to travel, please obtain the advice of a licensed, experienced immigration lawyer prior to making travel plans, and be sure that someone inside the U.S. has copies of all of your immigration documents, your flight itinerary, and your contact information before you board a plane.
Remember: the internet is not the place to seek immigration advice. If you have questions, please refer to the More Information section below.
F-1 and J-1 Student and Scholar & H-1B Employee Information
Due to the current immigration climate, it is imperative that you closely follow the travel guidance the International Services office has compiled for you:
If you have any questions about this guidance, please contact your International Services advisor for assistance; do not travel without the required documentation in hand.
Immigration Applications & Petitions
If you are a student, scholar, or employee of Montclair State who has submitted or will submit an application or petition to U.S. Citizenship and Immigration Services (USCIS), please be mindful that you could encounter longer-than-usual processing times, and plan accordingly. If you are in doubt as to whether you should submit a particular application or petition to USCIS, please obtain the advice of a licensed, experienced immigration lawyer.
If you are a newly admitted international student who is a citizen of one of the seven countries listed in Section 3(c) of the Executive Order and currently outside the U.S., the International Services office can issue you an I-20 or DS-2019 once you submit the required documentation, but you may be unable to apply for a visa. If you are a newly admitted international student currently in the U.S. in F-1 or J-1 student status, you should be able to transfer your SEVIS record from your current school to Montclair State University. Regardless of your situation, please e-mail International Services at email@example.com for assistance if you are an incoming F-1 or J-1 international student.
Information and Resources
The following articles and pages should prove helpful in staying abreast of this issue:
- American Immigration Lawyers Association (AILA) Practice Alert: Travel Warning for Nationals of Certain Countries Designated by Executive Order
- NAFSA: Association of International Educators Travel Advisory for Nationals of Certain Countries Pursuant to Executive Order 13769
- American Civil Liberties Union (ACLU)
- ACLU: “Know Your Rights: What To Do If You Are Stopped By Police, Immigration Agents or the FBI”
- New Jersey Monthly Article “Saving Scholars”
Please keep in mind that the information contained on this web page and in the advisories and pages listed above does not constitute legal advice. Please speak to a licensed, experienced immigration attorney if you require legal counsel.
Counseling and Psychological Services
Students who have individual concerns are encouraged to contact the Office of the Dean of Students, and they may also take advantage of the resources offered through Counseling and Psychological Services (CAPS), including short-term individual counseling, group therapy, psychiatry, Let's Talk walk-in sessions, and more. Contact information for CAPS is located here.
Employees who have individual concerns are encouraged to contact the Office of Human Resources.
Encounters with Government Officials
If you are contacted by someone claiming to be a Department of Homeland Security (or other government agency) official, ask for the person's full name, government agency, reporting office, and government telephone number. Then, contact the International Services office, Global Education Center, so that they can assist you in identifying the actual government office to which the person claims to belong. Once you have the actual government office’s contact information, you will be able to contact that office to find out whether the inquiry you received is a valid one or a scam. The Department of Homeland Security will never demand immediate payment from you or threaten to deport you if you do not pay a fee, so if someone tries to intimidate you with statements to that effect, it should immediately put you on alert. In addition, please refrain from providing personally identifying information (like your Social Security Number) to someone whose identity you have not been able to verify.
U.S. law provides you with specific rights whenever you are confronted by a federal, state or local law enforcement official. Please review those rights here so that you are prepared for any encounter you may have with a government or law enforcement official.
More Information and Assistance
If you have questions or concerns, please feel free to reach out to the University’s primary point-of-contact for immigration-related matters: