Page Updated April 18, 2017
This web page is dedicated to offering support for the NMSU community to better understand and respond to the rapidly changing immigration landscape. The executive order issued by President Trump in January was replaced today, March 6, 2017. The new information is provided in section 2 below. As additional information becomes available, this page will continue to be updated as frequently as possible
Our office, the Office of International and Border Programs, and its sub-office of International Student and Scholar Services, is best equipped to respond to students and scholars who hold F and J visas. However, the resources on this page may also be of interest to individuals in other types of immigration status, as well as faculty and community members who want to help the affected members of the NMSU community.
Cornell H. Menking, Ph.D.
Office of International and Border Programs
1. Where Can Students and Scholars on J or F Visas Turn for Help?
NMSU’s Office of International Student and Scholar Services manages routine F and J visa maintenance for NMSU students and scholars at both main campus and the branches; however, NMSU does not have immigration law experts on its permanent staff. For this reason, NMSU uses the Maney Gordon law firm for all immigration issues.
During regular business hours, any student can call Maney Gordon Zeller 505-266-8739, say they are a student at NMSU, and ask for a consult. NMSU cannot speak to the firm’s willingness to provide free initial consults, but we expect that they will be receptive and helpful. NMSU is not able to pay legal fees for students, so if there is additional work to be done, the firm will negotiate fees with the student and the student will be financially responsible.
In an emergency situation outside of regular business hours (for example, if a student with a visa is detained at border check point or is denied entry into the country at the border), we are authorized to give that individual the mobile number for a senior partner at Maney Gorden Zeller. In the case of an emergency, contact ISSS at (575) 646-2018 (available 24/7).
2. March 6, 2017 – New and Revised Executive Order
5. Department of Homeland Security Statements from February 20 and 21, 2017
February 21, 2017 Q&A Documents from Department of Homeland Security
Q&A DHS Implementation of the Executive Order on Border Security and Immigration Enforcement
Q&A DHS Implementation of the Executive Order on Enhancing Public Safety in the Interior of the United States
February 20, 2017 U.S. Department of Homeland Security Directives by Secretary John Kelly
6. MESSAGE FROM MICHAEL SCHMELZLE
Dear NMSU Community,
We understand that students, scholars, faculty and the community-at-large may have questions about the January 27, 2017 Executive Orders issued by President Trump. For this reason, the Office of International and Border Programs has established this web page. It will be frequently updated and will provide ongoing information about how these orders and laws may affect the NMSU community.
NMSU has 53 total students affected. 47 are graduate students. The counts are as follows: Iran (43); Iraq (3); Libya (6); Yemen (1); Somalia and Sudan (0).
We want to stress that there is still uncertainty as to how the Executive Order will be implemented and interpreted. However, we want to provide access to developments as they become available and will be posting links that will be helpful in understanding these new rules.
If you have questions about how the Executive Orders may affect you, the International Student and Scholar Services (ISSS) office will be happy to speak to you, but we strongly encourage you to study the information on the websites linked below before you call, as you may be able to find answers to your questions there. Please remember that ISSS cannot offer legal advice.
For specific advice, please read the next section.
After reviewing this page, should you have any questions, please don’t hesitate to call the ISSS office at (575) 646-2017.
Director, Office of International Student and Scholar Services
7. Specific Advice for People from Iran, Syria, Iraq, Libya, Somalia, Yemen and Sudan (the seven countries affected by the recent executive orders)
Working in the U.S.:
While the Executive Order effectively revokes or suspends all visas for a period of 90 days (120 for refugees), employment authorizations are not adversely impacted by the ban. Visas are merely a vehicle to apply for entry to the United States in a certain classification. It is; however, the I-94 entry document which governs the foreign nationals’ stay in the U.S. Thus, any NMSU student, staff or faculty who is from any of the seven countries and who is in the United States at this time and is employment authorized, either incident to status or by way of an employment authorization, may continue to work.
NMSU students, staff and faculty with valid I-94 documents are in the U.S. legally and may travel domestically. But please, do advise all NMSU members who are from any of the seven countries not to travel internationally under any circumstance.
NMSU members traveling domestically should carry
- their passport
- a copy of their I-94
- their U.S. driver license
- their I-20 if they are a student
- their DS-2019 if they are a J-1 visa holder
- Their H-1b, O-1, etc I-797 appoval notice, if they are not a J-1 or F-1
- Their emploment authorization card, if their work authorizationn is based on same
Anyone who is not in possession of their valid I-94 entry document, should print it from the CBP online site today https://i94.cbp.dhs.gov/I94/#/home.
Anyone needing assistance, or facing an emergency situation, should contact ISSS at (575) 646-2018 (available 24/7).
8. New Mexico Real ID Requirements for International Students Applying for a Driver’s License or State ID
The state of New Mexico is transitioning to meet the federal Real ID requirements, which will go into effect sometime in 2020. Once that happens, our international students will have to have an unexpired entry visa in order to be eligible to apply for a driver’s license or state ID (http://mvd.newmexico.gov/driver-procedures-manual.aspx?1f7fcb5548ee4e17a47ff4e27e571a01blogPostId=82dbe01720304fd1992991f837e828a1#/BlogContent, section 188.8.131.52).
A list of acceptable documents for Real ID can be found on the NM MVD website at http://www.mvd.newmexico.gov/uploads/files/REAL%20ID%20Acceptable%20Docs%206.pdf.
However, until 2020, international students can continue to apply for a Driver Authorization Card (DAC), which is what the non-federal-compliant driver’s license is now being called. International students are not required to have an unexpired entry visa to apply for a DAC and the list of acceptable documents can be found at http://www.mvd.newmexico.gov/uploads/files/DAC%20Acceptable%20Docs%206.pdf.
9. RECOMMENDED LINKS
National Immigration Law Center (check the News Release Section)
10. Related Media
UNM Daily Lobo (Feb 6)
Albuquerque Journal Article (Jan. 30, 2017)