Trump's Immigration Ban: Legal Advisory from NAIS

Feb 1, 2017, 7:19 PM

In issuing an executive order blocking entrance to the United States by people from seven nations, President Trump leaves many independent schools unclear about the status of students and staff from the affected countries (Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen). If they are already in the U.S. and have valid visas or green cards, individuals from these countries "should not experience immigration issues while in the country," according to a legal brief by Debra Wilson and Whitney Silverman of the National Association of Independent Schools. But prospective students from these countries will not be able to obtain visas while the ban is in effect.

Further action on the order is expected as uncertainty and uneven enforcement continue to play out. In the meantime, NAIS recommends that independent schools ask students and staff with citizenship ties to the seven countries to "self-identify" (with assurance that the schools will use the information only to prevent travel problems). Schools should also ensure that students of all backgrounds and nationalities understand the school's commitment to being an open, welcome and diverse community "that endeavors to make all students and staff feel welcome and safe."

NAIS (member-only login) (02/01/17)