Dear Matthew,
The executive orders and regulatory actions continue apace, with the largest splash (and case of whiplash) coming from a January 27 memo from the Office of Management and Budget (OMB) directing all federal agencies to pause and review all federal funding streams. The memo was rescinded two days later. More on that below.
And while what I said last week remains true—until we see agencies take action to implement the executive orders, it is too soon to know how they will ultimately affect international education—it is obvious that this administration has a profoundly different posture on international engagement than the previous. It is easy to imagine it could become harder for international students and scholars—especially from countries that are deemed ‘recalcitrant’—to get a U.S. visa and for U.S. students to go abroad if funding for international education and exchange programs like Fulbright and Gilman programs is squeezed.
But don’t take this as a defeatist perspective! We have a powerful story to tell—and we have allies. Consider these remarks by Senator Lindsey Graham at the confirmation hearing for the nomination of Russ Vought as Director of OMB: “Smart investments in development and diplomacy make up only 1% of our federal budget – but they have an incredible return on investment when it comes to protecting our security, our prosperity, and our values.”
With our partners and advocates like you, NAFSA will continue to send this message just as we will continue to be a reliable source of factual information and sound analysis. While the current political situation is still very fluid—and changing by the minute—below are a few key points about the executive orders to date and how (and when) their impacts on international education could be felt. We will of course keep you posted as policies are announced and their implications solidify.
- OMB’s January 27 memo ordering all federal agencies to review and pause all funding streams with few exceptions was blocked by litigation. The memo was rescinded on January 29.
- Our takeaway: Though the funding freeze memo was rescinded, it is clear that federal agencies are still expected to evaluate their spending.
-
The January 29 executive order, “Additional Measures to Combat Anti-Semitism” includes a directive that relevant federal agencies submit a report to the president within 60 days that includes recommendations for “familiarizing institutions of higher education with the grounds for inadmissibility.” The intent is to provide institutions with support to “monitor and report activities by alien students and staff.”
-
The January 20 executive order, Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats, ordered relevant agencies to develop a joint report “identifying countries for which vetting and screening is so deficient as to warrant a partial or full suspension on the admission of nationals from those countries.”
- Our takeaway: It is likely that we will see changes in policy regarding visa issuance for nationals from the countries identified in the report. This could impact international students and scholars.
-
On January 20, the President issued an executive order eliminating the option for U.S. passport applicants and others to choose the gender X option when filling out State Department forms. The State Department confirmed it is no longer processing applications for gender X passports. No announcement has been made concerning gender X passports that have already been issued.
- Our takeaway: we will be monitoring developments to determine the ramifications for U.S. students and higher education staff and faculty who hold gender X passports.
- On January 20, the Department of Homeland Security (DHS) rescinded a "Protected Areas" enforcement policy that had required DHS officers and agents to seek headquarters approval before taking an enforcement action in locations such as schools, hospitals, and churches.
-
Our takeaway: Higher education institutions would be wise to have a plan in place in the event of an unexpected visit by an Immigration and Customs Enforcement or other federal agency. Consider this NAFSA resource, How to Handle a Federal Agency Campus Visit.
-
As noted by Steve Springer, NAFSA’s director for regulatory practice liaison, international offices are not where ICE should go when conducting a raid or visit with the purpose of checking on status. SEVP, on the other hand, does visit the international office.
-
There is also a thread in the NAFSA.Network about if and how to message international students who may be concerned about their safety.
Phew! And we're just getting started. WHAT YOU CAN DO - Take a deep breath. Exhale. This is especially important given my last sentiment above!
-
Read a fact-based response by NAFSA’s Joann Ng Hartmann and Jill Allen Murray to recent allegations of abuses of the U.S. student visa system.
-
Register for the February 13 NAFSA webinar, “Regulatory Perspectives: Regulatory Practice and the New Presidential Administration.”
-
Review the recording of NAFSA’s January 22 LinkedIn Live, “Charting the Course for a New Political Environment” for a succinct encapsulation of NAFSA’s stance amid swirling political changes and the NAFSA resources members can count on.
-
Bookmark NAFSA’s online “go-to” resource to stay abreast of the current administration’s executive orders and other federal actions affecting international education. Note the URL shortcut of nafsa.org/current-us-administration.
More as we know it! Best, Erica Erica Stewart Senior Director, Advocacy & Strategic Communications NAFSA: Association of International Educators |
