There are a lot of rumors surrounding President Trump’s Executive Orders. Below is MU Law’s list of Facts and Fictions. Please note that this list is as of this morning, but that things are changing quickly.
FACT: In late January, President Trump issued an ExecutiveOrder banning entry to the US for individuals from Iraq, Iran, Yemen,Syria, Somalia, Sudan, and Libya. Thetravel ban included all individuals from the seven listed countries holding aUS visa, but did not include green card holders or dual nationals.
FICTION: President Trump is planning to add countries to the list in thetravel ban. On February 3, 2017, theAmerican Immigration Lawyers Association (AILA) issued a statement indicatingthe US Department of State had contacted AILA and said that there was no planto add to the list of banned countries.
FACT: On Friday, February 3, 2017, a Federal Judge in the state ofWashington issue a TemporaryRestraining Order (TRO) stopping the enforcement of the travel ban. The US Department of State reinstatedpreviously cancelled visas allowing individuals from the banned countries totravel to the US.
FICTION: The travel ban has been struck down and will not bereinstated. The TRO issued by the Judgeis temporary and lasts only while the case against the travel ban isgoing through the court system. ManyFederal Judges have been issuing rulings on the travel ban and theserulings conflict with each other. It isunknown whether the case will go before the US Supreme Court or whether the President will issue a revised Executive Order.
FACT: President Trump may change the way the H-1B cap cases areallocated. The President, by ExecutiveOrder, can change the manner in which the H-1B cap works from a straightlottery to a preference system. Shouldthis change take place, it is likely that the preferencesystem would favor those with advanced degrees, higher wages, and shortageskills.
FICTION: President Trump is planning to or has already eliminated H-1Bsvisas. The President, on his own, cannotcancel the H-1B visa program. H-1Bs werecreated by an Act ofCongress and it would take an Act of Congress to cancel H-1Bscompletely.
FACT: There will likely be greater requirements for H-1B employers. Mostrecent proposals from Congressional Representatives and from the Presidentinclude additional burdens and restrictions on H-1B employers. These restrictions include: paying higherwages to H-1B employees, documenting the employer has tried to recruit USworkers before filing the H-1B, more site visits, and expansion of e-verify.
FICTION: President Trump has eliminated the H-4 EAD. The H-4 EAD program was created in a regulation. At thistime, the President has made no formal indication that he plans to rescind theH-4 EAD regulations.
FACT: President Trump may be planningto cancel DACA, the program allowing undocumented immigrants, brought tothe US as children, to obtain a stay of deportation and workauthorization. DACA was created by anExecutive Order of President Obama. A draftExecutive Order of President Trump eliminating DACA has been circulated. At this time, DACA remains in effect.