This page shares information and resources related to recent executive orders, policies, and legislation, as well as their potential impact to our international students, scholars and employees. While we try to ensure our information is timely and accurate, new updates can come unexpectedly. We recommend referring to verified government sources for official information, or to NAFSA's webpage on Executive and Regulatory Actions for detailed information and analysis of current executive and federal agency actions impacting the international education community.
Laken Riley Act
This bill requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals (aliens under federal law) who have been arrested for burglary, theft, larceny, or shoplifting. The bill also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement in order to stop the issuance of nonimmigrant and immigrant visas to so-called “recalcitrant countries”. Recalcitrant countries are defined as those who are slow to or do not accept their nationals who the United States seeks to deport.
Under this bill, DHS must detain an individual who (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.
Protecting the United States from Foreign Terrorists and other National Security and Public Safety Threats
This Executive Order is intended to protect US citizens from aliens who intend to commit terrorist attacks, threaten US national security, espouse hateful ideology, or otherwise exploit immigration laws for malevolent purposes.
To protect US citizens it calls for an identification of countries throughout the world for which vetting and screening information available to the US is insufficient. It advises consular officials to be vigilant during the visa-issuance process to ensure that those aliens approved for admission into the United States do not intend to harm Americans or US national interests.
In addition, the United States through the Department of Homeland Security must ensure that admitted aliens and aliens otherwise already present in the United States do not bear hostile attitudes toward its citizens, culture, government, institutions, or founding principles, and do not advocate for, aid, or support designated foreign terrorists and other threats to US national security.
Possible impacts:
- Increased scrutiny could result in delays and additional requirements for student and scholar visa applicants.
- Students and scholars from countries identified through the process described in may face bans on admission to the United States or increased visa denials. It could also potentially impact all individuals applying for a visa from a certain country.
Executive Order: Protecting The Meaning And Value Of American Citizenship
This Executive Order tells federal agencies to not recognize birthright citizenship of any individual born after 30 days from when the executive order was signed on January 20, 2025: "(1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth." This Executive Order can potentially impact any non-immigrant on a temporary student, visiting researcher, or employment visa.
Current status (from NAFSA): Arguing that it violates the 14th Amendment of the Constitution, 22 states and others filed six lawsuits to halt the executive order. In one of the suits, the judge has issued a temporary restraining order on January 23, 2025 that blocks the order for 14 days and is potentially renewable.
Executive Order: Additional Measures to Combat Antisemitism
This EO and Fact Sheet provides background information and outlines processes for universities to monitor and report activities by international students and staff for activities related to antisemitism (including protests) and that those reports lead as appropriate and consistent with applicable law to investigations, and if warranted, actions should be taken to deport such individuals.
Executive Order: Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government
This Executive Order has provisions that will have implications for language and categories on government forms, records, and documents. "The Secretaries of State and Homeland Security, and the Director of the Office of Personnel Management, shall implement changes to require that government-issued identification documents, including passports, visas, and Global Entry cards, accurately reflect the holder’s sex, as defined under section 2 of the order.
DHS Rescinds “Protected Areas” Enforcement policy
A January 21, 2025 Statement from a DHS Spokesperson on Directives Expanding Law Enforcement and Ending the Abuse of Humanitarian Parole stated that on January 20, 2025 Acting Department of Homeland Security Secretary Benjamine Huffman rescinded the Biden administration's 2021 Guidelines for Enforcement Actions in or Near Protected Areas memorandum. The rescission of the 2021 policy memo means that there are no longer any specific protected areas like schools, hospitals or churches under DHS enforcement policy.