LOS ANGELES – The federal government, facing lawsuits filed by USC, Harvard and other colleges and universities throughout the country, Tuesday dropped a new visa policy requiring that international students take at least one in-person class or face deportation to their home countries during the coronavirus pandemic.
The decision was announced during a Boston federal court hearing on a lawsuit brought by Harvard University and the Massachusetts Institute of Technology challenging the ICE restriction. Multiple universities in Southern California and elsewhere also challenged the rule.
“We are thrilled that the government backed down and rescinded its rule that would have revoked visas for international students,” according to a USC statement. “That is why we led a coalition of 20 universities and colleges in the West and sued the government and also joined a friend-of-the court brief in the Harvard/MIT case. Our International students are a vital part of the USC community, and they deserve the right to continue their education without risk of deportation.”
The Harvard/MIT suit, filed July 6, asked the court to prevent the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement from enforcing the new guidance and to declare it unlawful.
California Attorney General Xavier Becerra also challenged the rule, in conjunction with the California State University system and state community colleges.
“In the midst of an economic and public health crisis, we don’t need the federal government alarming Americans or wasting everyone’s time and resources with dangerous policy decisions,” Becerra said Tuesday.
Los Angeles City Attorney Mike Feuer also said the development means thousands of students can now “rest a little easier.”
“The Trump Administration’s sudden reversal, in the face of a court challenge it was destined to lose, is a victory for these students, the colleges and universities at which they learn and the communities to which they contribute,” Feuer said.
On Monday, a coalition of 20 schools, including USC, sued the government in a bid to overturn the policy that would deprive foreign students of their United States visas if their fall classes are held solely online.
The lawsuit, filed in U.S. District Court in Oregon, alleged that the new rules suddenly put thousands of international students “in dire straits.”
“Those who are unable to enroll in in-person courses for the Fall face the threat of removal. They may be sent back to a country with little or no internet access, they may face new health or safety risks in that country, or they may not even have a home to go back to,” the suit said. “Once expelled, they may never be able to reapply for or reenter the F-1 (student visa) program, thus permanently ending their post-secondary education.”
Along with USC, plaintiffs included Pitzer, Scripps and Pomona colleges, the California Institute of Technology in Pasadena, Chapman University in Orange, Claremont McKenna College and the University of San Diego.
According to the 36-page complaint, the DHS and ICE gave no prior notice when it announced the new rules and gave no indication that the government “considered how its action would impact the health of students, faculty, staff or surrounding communities.”
When the policy was announced, ICE issued a statement saying the U.S. Department of State would not issue visas “to students enrolled in schools and/or programs that are fully online for the fall semester nor will U.S. Customs and Border Protection permit these students to enter the United States.”
In seeking a court order halting the policy, the plaintiffs in the Oregon suit alleged that the ICE order was “contrary to law and arbitrary and capricious.”
On Friday, attorneys for seven international university students studying in Orange and Los Angeles counties sued the Trump administration, alleging that new rules on foreign student visas makes them “pawns in a political drama.” The federal civil complaint, filed in Santa Ana, sought a court order preventing the government from enforcing the policy.
Because of the COVID-19 pandemic, universities across the nation began to shift to largely online classes in March to discourage bringing people together in a confined space.
At that time, international students were protected by guidance issued by the student visitor program, which kept non-immigrant student visas in compliance regardless of how their colleges managed the shift from in-person classes.
However, as California registers some of its highest new daily cases totals since the pandemic began, DHS rolled back its exemptions from the spring, requiring students whose schools choose to conduct the fall 2020 term entirely online to leave the United States.
USC announced Thursday that international students who need to take an in-person class this fall to maintain their visa status and avoid being deported under the new policy will be able to enroll in the course at no cost.
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KJH - Retired OPSEC/Federal Law Enforcement says
These universities (if you want to refer to them as) can’t wait for the Chinese CCP paycheck that most of the students are based in China. The sponsors are also paid an extremely high amount of money along with the schools themselves. The students total around 270,000 right now. There are some staffers who were given token trips to China as well as a commission for students to attend these schools. Two years ago, there were a number of high school exchange students attending high schools all over the U.S. and sponsor families were collecting $30,000 dollars for each to stay throughout their school attendance. Many of these students are citizen spies, especially students attending universities. They have been stealing science, lab and engineering information and proprietary knowledge to take back to China and are rewarded financially for providing that to the CCP. So fellow students, be careful when sharing your work or projects with those students!
Laughing says
Only $30K ? Wow, not much really taking into account cost of food, clothes, typical room rent, entertainment, and other needs.
I wonder if the students from all the other countries do the same thing. Well I guess the ones from India are being doctors of various types (to take over our hospitals and veterinarians. The Middle Eastern students specialize in business and engineering very often, must be to a reason for that. Wonder what the Canadian foreign students are doing. Or the ones from Britain, maybe that is why their cooking is getting better.
I am being sarcastic, but am aware that industrial spies are everywhere. Probably would help if our government employees that we vote into office were not so crooked and took security more seriously.
surfside 6 says
Since most of them are already in their 40’s anyway, maybe they can knock off the goofy “student” charade and consider sticking around as immigrants instead? Sounds pretty righteous to me. How bout’ you liberals???
Trumpist#1 says
The best compromise would be to deport Becerra (and the illegals in his family).
Kiki says
@trumpist#1
Is America great yet?
Citizens' Rights Watch says
It was before Becerra and his ilk got here!
Reform says
He is not going anywhere, he’s a U.S. citizen.