Regulatory and Executive Actions

Executive Order 14160, Protecting The Meaning And Value Of American Citizenship, issued on January 20, 2025, concludes that citizenship no longer extends to all persons born in the United States, to include:

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.

It further directs that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship for the categories identified in the order.

On August 28, 2025, the Department of Homeland Security (DHS) – Immigration and Customs Enforcement (ICE) published a proposed rule in the Federal Register that seeks to end “duration of status” (D/S) for F, J, and I nonimmigrants.

Overview of the Proposed Rule:

• End of Duration of Status (D/S): International students and exchange visitors would no longer be admitted for “duration of status.” Admission and/or extension would be limited to a fixed period: until the completion of an academic program or for four years, whichever is shorter.
• Extensions of Stay (EOS): Anyone requiring more time to complete a program, transfer schools, begin a higher academic level, or pursue post-completion training (OPT/STEM OPT or J-1 Academic Training) must file an Extension of Stay (EOS) with the U.S. Citizenship and Immigration Services (USCIS). The application (Form I-539) must be filed before the authorized stay expires to prevent unlawful presence.
• Program Extensions: Extensions would be restricted. Delays caused by academic probation, suspension, or repeated failure to complete coursework would generally not be accepted as valid reasons.
• Restrictions on New Programs of Study: F-1 students would be prohibited from starting a new program at the same or lower educational level (such as completing a master’s degree and beginning another master’s program).
  • Undergraduate students would not be permitted to change programs, majors, or educational levels during their first academic year.
  • Graduate students would be prohibited from changing programs at any time during their course of study.
• Grace Period: The current 60-day grace period for F-1 students to prepare for departure after completing their program or post-completion OPT would be reduced to 30 days, which is currently the case for individuals in J status.
• Transfers Between Schools: F-1 students transferring to another SEVP-certified school would be required to complete their first academic year at the institution that issued their original Form I-20, unless SEVP authorizes an exception.
• Biometrics Requirement: Students and exchange visitors applying for an Extension of Stay may be required to submit biometric information.
• Language Training Students: Enrollment in language training programs would be limited to 24 months total, including breaks and vacation.

Potential Impact of Eliminating Duration of Status (D/S):

• Increased Administrative Burden: Students and schools would face more paperwork, processing times, and fees due to the need for extensions
• Reduced Academic Flexibility: Students may need to rush their studies, limit academic challenges, and forgo valuable opportunities like internships, research, or fieldwork due to uncertainty about maintaining status.
• Higher Financial Costs: Legal fees and potential travel disruptions due to extension delays.
• Greater Risk of Status Violations: Missed deadlines or errors could cause unlawful presence, risking future visa eligibility.
• Negative Perception: Frequent extensions may make the U.S. seem less welcoming to international students or at risk of certification issues.
• Decline in Enrollment: Increased hurdles could reduce international student numbers, impacting institutional revenue and global competitiveness.

Comment Period:

• The public has 30 days to submit comments on the proposed rule.
• The comment period closes on September 29, 2025.
• Instructions for submitting comments are provided in the Federal Register notice.

The Federal Register notice contains detailed instructions on submitting comments.

For reference, also consult How You Can Effectively Participate in the Regulatory Process Through Public Comment.

Next Steps in the Process:

This rule is currently at the proposed stage. It will not take effect unless and until DHS reviews all public comments, submits a final rule for review, and then publishes it in the Federal Register with a future effective date.

Read the proposed rule here: 90 FR 42070.

Current Actions in the Field:

• NAFSA: Association of International Educators is preparing a comprehensive comment letter.

• The Presidents’ Alliance on Higher Education and Immigration has released a statement strongly opposing the proposed rule, citing that it would increase barriers for international students and exchange visitors.

On March 25, 2025, Representative Paul A. Gosar, D.D.S (AZ-09) introduced H.R. 2315, Fairness for High-Skilled Americans Act, a bill aimed at amending the Immigration and Nationality Act to eliminate the Optional Practical Training (OPT) Program for international students.

In his remarks, Representative Gosar argued that OPT was never formally authorized by Congress and criticized the program for allegedly circumventing the H-1B visa cap. He claimed that OPT “incentivizes greedy businesses to fire Americans and replace them with inexpensive foreign labor and abandons young Americans.”

Optional Practical Training (OPT)  is temporary employment authorization from USCIS for eligible international students. As a key part of the U.S. international education system, OPT helps attract and retain students by offering practical experience in their field of study, bridging academics with professional development, and supporting the global competitiveness of the U.S. workforce.

On September 19, 2025, President Trump signed Executive Order: The Gold Card and released a fact sheet outlining the creation of a new “Gold Card” visa program. The initiative would allow foreign nationals to qualify for expedited immigrant visas by making a donation of $1 million individually, or $2 million if contributed by a corporation or similar entity on behalf of an individual, to the U.S. Department of Commerce. The program is framed as a way to attract investment while offering a fast-tracked immigration pathway to qualifying donors.

Resources

• Executive Order: The Gold Card
• Fact Sheet: President Donald J. Trump Launches the Gold Card Program
• Trump Gold Card

On September 19, 2025, President Trump signed a proclamation and released a fact sheet restricting the entry of certain H-1B nonimmigrant workers and introducing a $100,000 payment requirement for new H-1B visa petitions filed after September 21, 2025. The order applies only to new applications for individuals outside the United States seeking to enter on H-1B status and does not affect existing visa holders, pending petitions, or extensions of current H-1B status. It establishes national interest exceptions that allow the Secretary of Homeland Security to waive the requirement for certain workers, employers, or industries deemed critical to the United States. The policy is set to remain in effect for 12 months, with the possibility of extension.

The proclamation cites widespread abuse of the H-1B program, particularly by IT outsourcing firms, as justification for the new measure, claiming it has displaced American workers, depressed wages, harmed recent graduates, and posed national security concerns. It directs federal agencies to enforce the new payment rule, prevent misuse of other visa categories, and initiate rulemaking to raise prevailing wages and prioritize high-skilled, high-paid workers in the H-1B lottery. While the proclamation leaves the core structure of the H-1B program unchanged—specialty occupation eligibility, degree requirements, and six-year maximum stay—the new cost barrier marks a significant shift in access to the visa and raises questions about implementation, exemptions, and long-term impact on U.S. employers and foreign professionals.

Resources

• Proclamations: Restriction on Entry of Certain Nonimmigrant Workers
• Fact Sheet: President Donald J. Trump Suspends the Entry of Certain Alien Nonimmigrant Workers
• H-1B Program, U.S. Department of Labor
• H-1B Specialty Occupations, USCIS
• H-1B FAQ, USCIS

On September 5, President Trump signed Executive Order 14348, Strengthening Efforts to Protect U.S. Nationals From Wrongful Detention Abroad and released a fact sheet authorizing the Secretary of State to designate foreign governments that engage in or support the wrongful detention of U.S. nationals as “State Sponsors of Wrongful Detention.” This new designation carries serious consequences, including economic sanctions, visa restrictions, and travel limitations, and is intended to deter foreign governments from using wrongful detention as a tool of coercion or leverage against the United States.

Resources

• Executive Order: Strengthening Efforts to Protect U.S. Nationals From Wrongful Detention Abroad
• Fact Sheet: President Donald J. Trump Strengthens Efforts to Protect U.S. Nationals from Wrongful Detention Abroad

On June 4, 2025, President Trump signed a proclamation and released a fact sheet that reinstates a U.S. travel ban restricting entry for citizens from 12 countries due to stated concerns over terrorism and national security.

• Countries Affected by a Full Suspension (Includes F and J Visas)

Afghanistan, Myanmar (Burma), Chad, Congo Republic, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan and Yemen.

• Countries Affected by a Partial Suspension (Includes F and J Visas)

Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela – will be partially restricted.

On March 12, 2025, the Department of Homeland Security (DHS) issued an Interim Final Regulation (IFR) Alien Registration Form and Evidence of Registration, to comply with statutory alien registration and fingerprinting provisions. The IFR goes into effect on April 11, 2025.

The Department of Homeland Security (DHS) directive, Enforcement Actions in or Near Protected Areas,  issued on January 20, 2025, rescinds a long-standing policy that identified schools, hospitals, and churches as “sensitive locations” and limited them from immigration enforcement actions.

Adelphi’s Policy on Federal Immigration Enforcement Actions has been updated. Immigration Enforcement Protocols have been updated and available to the campus community.

Executive Order 14161, Protecting The United States From Foreign Terrorists And Other National Security And Public Safety Threats, issued on January 20, 2025 strengthens immigration screening and vetting to prevent individuals who pose security threats—such as those who intend to commit terrorist attacks, those who espouse hateful ideologies, or those seeking to exploit immigration laws—from entering or remaining in the United States. It establishes stricter, standardized vetting procedures, requires more comprehensive information for visa decisions, and identifies countries with insufficient security data, which may result in travel bans or restrictions.

The Laken Riley Act is a United States Law [Public Law No: 119-1], signed by President Trump on January 29, 2025, that requires the Department of Homeland Security to detain certain noncitizens who are arrested, charged with, or convicted of certain offenses. This law also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement.

Potential Impact to College Campuses

• Individuals on H-1B visas may be unable to continue working while detained, causing visa ineligibility or forced departure from the United States.

• Student visa holders could face removal proceedings before proving their innocence, which could significantly disrupt their education and future prospects.

• This law may indirectly affect international students and professionals, with stricter visa issuance policies, especially those from countries with strained diplomatic relations with the U.S.

Executive Order 14159, Protecting The American People Against Invasion, issued on January 20, 2025, requires the attorney general and the secretary of homeland security to review contracts, grants, and agreements between the federal government and “non-governmental organizations supporting or providing services, either directly or indirectly, to removable or illegal aliens.” This directive limits the use of humanitarian parole, designations of Temporary Protected Status (TPS),  employment authorization, and could impact institutions that enroll undocumented students.

Executive Order 14165, Securing Our Borders, issued on January 20, 2025, directs the Department of Homeland Security (DHS) to get “complete operational control of the borders of the United States’, through comprehensive actions such as increasing physical barriers, deploying additional personnel, and expanding detention and removal operations. It also terminates all categorical parole programs for immigrants from Cuba, Haiti, Nicaragua, and Venezuela.

Potential Impact to College Campuses

• Can create fear and uncertainty for students from immigrant families, leading to lower attendance, academic struggles, and mental health challenges.

On April 9, 2025, the Department of Homeland Security (DHS) announced that the U.S. Citizenship and Immigration Services (USCIS) will begin screening the social media activity of applicants for immigration benefits as part of efforts to identify antisemitic content and potential security risks.

Policy Directives

• Applicants must disclose all social media platforms they have used in the past five years.
• Applicants for F, M, and J nonimmigrant visas will be instructed to adjust the privacy settings on all of their social media profiles to “public.
• Consular officers will conduct in-depth reviews of applicants’ online presence—including social media, digital databases, and other online footprints—to determine whether they pose risks or intend to engage only in activities consistent with their visa status.

Impact on Applicants

• Increases scrutiny of applicants and carries the risk of refusal if an individual is found to have expressed hostile attitudes, supported threats to U.S. security, or failed to comply with disclosure requirements.
• Online content in sources such as LexisNexis may be reviewed, expanding the scope of the evaluation.
• Failure to provide full transparency or to set profiles to public may be interpreted as evasiveness or a lack of credibility, further jeopardizing applications for visas, permanent residency, or other immigration benefits.

Resources

• Announcement of Expanded Screening and Vetting for Visa Applicants

On April 5, 2025, the U.S. Department of State announced an agency action titled Defending America’s Security through Visa and Travel Restrictions on South Sudan. This action includes the revocation of all currently held U.S. visas by South Sudanese passport holders and the suspension of any further visa issuance to individuals holding South Sudanese passports. The move effectively prevents entry into the United States by South Sudanese nationals, marking a significant escalation in travel and immigration restrictions targeting the country.

On March 27, Secretary of State Marco Rubio announced that the U.S. Department of State had revoked the visas of more than 300 international students. These visa revocations reportedly targeted students who participated in political activism and those currently in the United States who have been identified to have criminal charges.

On April 2, 2025 universities began reporting International Student Visas Revoked. These terminations were carried out by the Department of Homeland Security’s (DHS) Bureau of Immigration and Customs Enforcement (ICE) through its Student and Exchange Visitor Program (SEVP) without official notification to university officials or clear explanations from immigration authorities.

As of April 12, over 170 colleges and universities have identified 950-plus international students and recent graduates who have had their legal status changed by the State Department.

On Tuesday, May 27, the U.S. Department of State announced a temporary pause on all new visa interview appointments for student (F and J) visas at U.S. embassies and consulates worldwide. This action is part of a short-term measure to enhance the vetting process and expand social media screening for international student visa applicants. Prospective students who have not yet scheduled their F or J visa appointments will not be able to do so at this time. Students who have already scheduled visa interviews will be allowed to attend those appointments as planned, unless otherwise notified by their embassy or consulate. This is a temporary suspension, and no specific end date has been announced.

On June 18, 2025, the U.S. Department of State announced Expanded Screening and Vetting for Visa Applications.

On June 19, 2025, the suspension was lifted and appointments for these visas have since resumed, though new and more intensive vetting guidelines are now in place for all applicants.

The Department of State’s, Interview Waiver Update, issued on February 18, 2025 modifies the eligibility requirements for nonimmigrant visa applicants seeking an in-person interview waiver. Under the new policy, applicants who are renewing a visa in the same category must have had their most recent visa expire within 12 months, down from the previous 48 months.

Executive Order 14188, Additional Measures to Combat Anti-Semitism, issued on January 29, 2025, directs measures to combat anti-Semitism vigorously, using all available and appropriate legal tools, to prosecute, remove, or otherwise hold to account the perpetrators of unlawful anti-Semitic harassment and violence.

Key actions include:

• Requesting an inventory of all Title VI complaints and administrative actions related to anti-Semitism.
• Instructing agencies to educate higher education institutions on the grounds for inadmissibility under the Immigration and Nationality Act (INA).
• Emphasizing that individuals engaged in terrorist activities or supporting such organizations are inadmissible under INA § 212(a)(3)(B).
• Requiring higher education institutions to monitor and report activities by international students and staff that could lead to inadmissibility.

The White House released a fact sheet, President Donald J. Trump Takes Forceful and Unprecedented Steps to Combat Anti-Semitism. January 20, 2025. Emphasizes the Department of Justice’s commitment to take “immediate action” to “quell pro‐Hamas vandalism and intimidation,” to “aggressively prosecute terroristic threats,” and to deport “Hamas sympathizers” and revoke student visas.

Task Force to Combat Anti-Semitism. February 3, 2025. The Department of Justice (DOJ) announced the formation of a task force prioritizing rooting out anti-Semitic harassment in schools and on college campuses.

Visits to 10 College Campuses that Experienced Incidents of Antisemitism. February 28, 2025. Federal Task Force to Combat Anti-Semitism announcement.

Executive Order 14150, America First Policy Directive to the Secretary of State, issued on January 20, 2025, directs the Department of State to align all policies and programs with an “America First” approach.

Potential Impact to Students

This could have implications for State Department-funded international exchange and study abroad programs.

Executive Order 13166, Designating English as the Official Language of the United States, issued on March 1, 2025, declares English as the official language of the United States, encouraging its learning and adoption as a unifying force for new citizens striving to achieve the American dream. While it promotes English as the national language, it also stipulates that federal agencies are not required to stop providing documents, products, or services in languages other than English.