Immigration Executive Orders and Rights for International Students

WPI International House Student Town Hall April 4, 2025

Agenda: Campus Resources Top 4 Immigration Executive Orders to have on your radar Know Your Rights ICE 1st Amendment During a protest, warnings Travel Should I Travel? What to expect in Secondary Inspection Search of Personal Devices IH Recommendations Resources

Campus Resources International House IH@wpi.edu Drop-In Hours M-F 3-4pm in person or online: (https://wpi.zoom.us/j/709157000) Office business hours M-F 8:30-noon; 1-4:30pm Appointments are available (in-person or virtual) through meet the team page booking links under each advisor s profile on IH website. New Assistant Director joining IH on April 15th! Maxime Mad-toingue Campus Police Open 24 hours a day, 7 days a week, 365 days a year Emergency line is recorded: 508-831-5555 (program into your phone, memorize number) Campus Police can be in touch with International House staff or Dean of Student staff after hours in the event of an emergency

In the News: International student detainments by ICE Mahmoud Khalil, Green Card holder, Columbia University student Student protests about Gaza Rumeysa Ozturk, J-1 Fulbright, Tufts University student Opinion editorial in student news paper urging university divestment in Israel Alireza Doroudi, F-1, University of Alabama with pending EB-2 NIW application Uncertain why security concerns Dogukan Gunaydin, F-1, University of Minnesota Potentially due to 2023 druken-driving case in which he plead guilty Visa revocation emails from consulates ICE-initiated SEVIS record terminations Using AI to assessing thousands of social media accounts

#1 Executive Order: Protecting the American People Against Invasion What does alien registration mean? Mass Deportations Many noncitizens already have documentation to prove registration Expanded use of expedited removal I-94, EAD employment authorization, I-551 Permanent Resident Card Who is considered registered? Revival of dormant alien registration requirement Failure to comply is criminal and enforcement priority Must carry evidence of lawful status- criminal consequences if you do not Lawsuit filed by immigration advocates challenging this (ongoing) People admitted to the US on a nonimmigrant visa (like F-1 and J-1)- and have I-94 for that proof People granted employment authorization documentation (like OPT EAD) Refugees Lawful Permanent Residents ( Green Card holders) Who is required to register? TPS or DACA recipients who were not granted an EAD or Advanced Parole DHS may authorize state and local law enforcement officials to investigate, apprehend, and detain non-citizens Children who entered before turning 14 years old must register within 30 days of their birthday, even if previously registered by a parent or legal guardian Canadian business or tourism visitors who were not issued an I-94 at the land border.

#1 Executive Order: Protecting the American People Against Invasion DHS Interim Final Rule becomes effective April 11, 2025 Process (if unregistered): USCIS online account must be created, new Form G- 325R and fingerprints/biometrics taken, proof of Alien Registration Document created Penalty for not carrying proof of registration or failing to notify government of change of address: Not carrying proof of registration: Could be criminally charged and subject to fine of $5,000 or imprisoned for up to 30 days Failure to notify of address change reporting: Could be criminally charged and subject of fine of up to $200 or up to 30 days imprisonment. Potential Impact: ICE on campus Slow elimination of TPS designations Higher likelihood of non-citizens being asked about their immigration status/documentation IH Recommendation: Carry a paper copy in wallet of I-94, Passport ID page, at least 1st page of most recent I-20, EAD card if on OPT If traveling outside of Worcester, bring your original documentation of everything above If your documents are lost or damaged, start the process to replace documentation right away Make sure all your documents are up to date, passport has at least 6 months validity into the future at all times, and extend documents before their expiration dates

#2 Executive Order: Additional Measures to Combat Anti-Semitism Catch and Revoke initiative: Use AI to review tens of thousands of student visa holders social media accounts, looking for signs they supported Hamas s Oct 7, 2023 attack on Israel Hamas sympathizers could face visa revocations- Already happening around the country IH Recommendation: Please stay alert to any emails that may come from consulates in your home country (or where your visa was issued) If you receive an email or phone call saying your visa has been revoked, please contact the International House (ih@wpi.edu or 508-831-6030) immediately for additional guidance. 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 (EO) Deport Hamas Sympathizers and Revoke Student Visas: To all the resident aliens who joined in the pro- jihadist protests, we put you on notice: come 2025, we will find you, and we will deport you. I will also quickly cancel the student visas of all Hamas sympathizers on college campuses, which have been infested with radicalism like never before. (White House Face Sheet)

#3 Executive Order: Protecting the US from Foreign Terrorists and Other National Security and Public Safety Threats Potential Impacts: Higher likelihood that non-citizens applying for visas will be put in administrative processing Scheduling visa appointments will be backlogged and/or suspended for extended periods Plans to close some Consulates abroad Non-citizens bornin high-risk countries will likely encounter heightened scrutiny and denials, regardless of their current country of nationality or citizenship Delays in visa issuances due to administrative processing and additional security clearances Implement stricter enhanced vetting for visa applicants and those already in the country Directs all agencies to be thorough in vetting during visa issuing process and other immigration benefit applications

#3 Executive Order: Protecting the US from Foreign Terrorists and Other National Security and Public Safety Threats Visa revocations and termination of underlying status instead of travel bans (for the moment) Connection to terrorism Previous arrests Anticipation of travel bans at any time Current draft list of 43 countries in a tiered system of red, orange, and yellow Unsure of final list and how bans will impact countries in each tier New York Times

#4 USCIS Policy Memorandum: Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens USCIS will issue a Notice to Appear (NTA) where, upon issuance of an unfavorable decision on a benefit request, the alien is not lawfully present in the US An NTA is a charging document that, among other things, begins deportation proceedings before an immigration judge. Potential Impacts: Example: Graduating F-1 student who applied for OPT and receives a denial would not be lawfully present and could be subject to removal/deportation proceedings. Example: Being sponsored for a work visa and having the application denied, could find themselves without lawful status and placed in removal/deportation proceedings.

Know Your Rights: ICE Raids You may ask if you are free to leave. If the officer says no, you may exercise your right to remain silent If you are asked where you were born or how you entered the US, you may refuse to answer or remain silent* If you choose to remain silent, say so out loud You may show a know-your-rights card that explains that you will remain silent & wish to speak to an attorney (we have a few in IH, will be getting more soon) You may refuse to show identity documents that say what country you are from* Do not show any false documents and do not lie. All people living in the US, including undocumented immigrations, have certain US Constitutional rights You have the right to remain silent You do not need to speak to the immigration officers or answer any questions.

Know Your Rights: 1st Amendment Rights The First Amendment to the US Constitution protects your right to assemble and express your views through protest However, police and other government officials are allowed to place certain narrow restrictions on the exercise of speech rights Rights are strongest in traditional public forums (streets, sidewalks, parks) and other public property, like plazas in front of government buildings, as long as you are not blocking access to the building or interfere with the purpose of the property The Government may not restrict your speech if it is taking place on your own property or with the consent of the property owner However, the government is currently penalizing those who do exercise their 1st amendment right to free speech, take caution Private property owners can set rules for speech on their property

Know Your Rights: Protest Warnings Key Risks to Immigration Status: Arrests or convictions can lead to serious immigration violations Participation in activities deemed a threat to public safety may trigger visa revocations Impact on Your F-1 Visa: Violation of Terms: Participation in illegal or disruptive protests may be seen as a violation of your visa terms Tips for Staying Safe: Stay informed of local laws and event conditions. Avoid activities that may escalate into violence or unrest Carry proper ID and avoid confrontations with law enforcement Consider peaceful alternatives to public protests, such as petitions or online advocacy* Be mindful of your digital hygiene

Know Your Rights: During a Protest* Stay calm. Don t argue, resist, or obstruct the police, even if you believe they are violating your rights Point out that you are not disrupting anyone else s activity and that the 1st Amendment protects your actions Ask if you are free to leave If the officer says yes, calmly walk away If you are under arrest, you have a right to ask why. Say you wish to remain silent and ask for a lawyer immediately Don t say or sign anything without a lawyer You have the right to make a local phone call, and if you re calling your lawyer, police are not allowed to listen You never have to consent to a search of yourself or your belongings. If you do explicitly consent, in can affect you later in court. Police may pat down your clothing if they suspect you have a weapon and may search you after an arrest. Police officers may not confiscate or demand to view your photographs or video without a warrant, nor may they delete data *Be very mindful that right now protests may be risky for non-citizens

Travel: Should I Go? What you need: 1) Passport which is valid for a minimum of 6 months into the future issued by a country that is not subject to a travel ban 2) A valid visa in the status category you wish to enter the US 3) I-20 with travel signature (less than 6- 12 months old) 4) If on OPT: OPT EAD card & proof of employment (recommend at least three recent paystubs, offer letter or recent letter from employer confirming your employment) Non-citizen travelers must prove to the inspecting CBP Officer at the time of arrival that they are fully admissible in a particular nonimmigrant visa category. The burden of proof is on the non-citizen traveler, regardless of the number of prior successful entries Presentation of the documents (right) does not guarantee admission to the US

Travel: Should I Go? CBP Officers have wide latitude to investigate other issues. All travelers are subject to additional scrutiny on a random basis The scope of the additional investigation could include review of data on electronic devices (smart phones, laptops, etc), as well as visa holder s online presence. Non-citizen travelers (including Green Card holders) are at risk of being denied re-admission or face additional scrutiny and interrogation at the port of entry if CBP suspects traveler of matters including (but not limited to):

Travel: Should I Go? Violations of Immigration Law CBP Officers are reviewing past statements and responses on visa related applications. Any discrepancies may form the basis of a determination of willful misrepresentation or fraud leading to a visa revocation and a denial of entry National Security and Terrorism Travel to certain regions associated with heightened security risks may subject you to additional questioning/scrutiny CBP officers may review social media accounts and private data on electronic devices to investigate ties to or support of terrorist organizations, individuals, or movements. A suspected tie, even if remote or tenuous, could lead to visa revocation and denial of entry. Criminal Law Past arrests, indictments, or probable cause findings, even where the ultimate court disposition is a dismissal under state law, may be deemed a conviction and can result in visa revocation and denial of entry A mere accusation of having committed an offense involving marijuana or other controlled substances, fraud, theft, domestic violence, or crimes of moral turpitude, can lead to further investigation and result in visa revocation and denial of entry.

Travel: Should I Go? Given the sudden fluctuations in US immigration policies and each traveler s unique circumstances, the outcome of the admission process at the Port of Entry is not predictable. Each student will need to do their own risk analysis in consultation with your family to decide whether to travel IH Recommendation: Non-essential international travel should be avoided If this changes your plans for the summer, and you will have a hardship finding living arrangements, please contact IH or Dean of Students Office.

Travel: Secondary Inspection Search Belongings: Officers may inspect your luggage, electronic devices, and personal belongings You have the right to refuse, although this will likely result in further delays or denial of entry Prolonged Detention: Some inspections take hours, and in certain cases, travelers may be held overnight. Those traveling with you will not be informed on how long the process will take. You will also not be able to contact them with updates or timeframes. The may leave the airport, but should contact an emergency contact immediately to notify about your absence. Pressure to Withdraw Your Application for Entry: If CBP believes you are inadmissible, they may offer you the opportunity to voluntarily withdraw your application for entry instead of undergoing formal removal proceedings. Withdrawing an application for admission does not automatically result in a bar to future admission, but will make a future visa application or admission more difficult. Expedited Removal: In some cases CBP can use an expedited removal order, which will bar you from returning to the US for 5 or more years. Waivers may be available but limited and difficult to attain.

Travel: Secondary Inspection Request to Contact a Lawyer: Non- citizens do not have the right to an attorney in CBP inspections, you can ask to communicate with legal counsel. If you have a legal representative, let CBP know. Document the Encounter: If/when released, write down everything you remember, including officer names, questions asked, how you responded, and anything you were asked to sign. Who to Contact for Help: If you are detained, try to contact a trusted family member, friend, or WPI Campus Police. Have an action plan with the contact person. What Should You Do: Remain Calm & Polite: Avoid arguments or confrontations with officers Answer Questions Truthfully: you have the right to remain silent, if you choose to answer questions your responses must be truthful. If you choose to assert your right to remain silent, you will likely be denied admission. Lying can have serious consequences beyond your immediate application for admission and could lead to a permanent bar to admission. Do not Sign Anything Without Understanding the Content of the Document: If pressured to sign documents, request an explanation or legal counsel, and if possible, a copy of the document.

Travel: Search of Personal Devices CBP has the authority to search electronic devices- including phones, laptops, tablets and other electronic devices. Anyone entering the US, including US citizens, can be searched. They can occur without a warrant or suspicion. 10 Steps to Protect your Data at the US Border Travel Light: carry only necessary devices Back Up Before You Go: save important files securely in the cloud or an external drive Prioritize Password Security

Travel: Search of Personal Devices Know Your Rights: You are not required to share your password, but refusal may lead to device seizure. Visa holders may be denied entry. Document the Search: Write down details of the search including the names and badge numbers of the CBP agents, the questions they asked, ask for a copy of the transcript. Minimize Stored Data Encrypt Your Device Turn Off Devices Before Border Crossing (this could protect against remote access attacks and data interception but not against a demand to see your device) Inspect Devices Upon Return: If your laptop is confiscated and later returned, boot it using an external drive and perform a thorough scan for any unauthorized software or changes. Limit Cloud Access on your Device See handout for full details

IH Recommendations: Please stay alert to any emails that may come from consulates in your home country (or where your visa was issued) If you receive an email or phone call saying your visa has been revoked, please contact the International House (ih@wpi.edu or 508-831-6030) immediately for additional guidance. Non-essential international travel should be avoided If this changes your plans for the summer, and you will have a hardship finding living arrangements, please contact IH or Dean of Students Office. Carry a paper copy in wallet of I-94, Passport ID page, at least 1st page of most recent I-20, EAD card if on OPT If traveling outside of Worcester, bring your original documentation of everything above If your documents are lost or damaged, start the process to replace documentation right away Make sure all your documents are up to date, passport has at least 6 months validity into the future at all times, and extend documents before their expiration dates

IH Recommendations: Currently enrolled students at WPI: Check and update your Emergency Contact in Workday If you are on OPT and you would like us to have a current emergency contact on file for you, please use this form to submit: emergency contact Have an action plan with your emergency contact. Explicitly discuss a plan of action if you call them in an emergency, particularly for an immigration emergency. IH/Campus police action plan Be very careful of anything that would put you at risk. More risk inherent in activity now then before.

Immigration Resources: Know Your Rights Videos: https://www.wehaverights.us/ Know Your Rights in Various Scenarios: https://www.aclu.org/know-your- rights/immigrants-rights Electronic Searches of Devices: https://www.aclutx.org/en/news/can-border- agents-search-your-electronic-devices-its-complicated Massachusetts Office for Refugees and Immigrants: https://www.mass.gov/orgs/office-for-refugees-and-immigrants Massachusetts Immigrants & Refugees Advocacy Coalition: https://miracoalition.org/ Ascentria Care Alliance (Worcester): https://www.ascentria.org/ Massachusetts Law Reform Institute (MLRI): https://www.mlri.org/ American Immigration Lawyers Association: Find a Lawyer search: https://ailalawyer.com/