By Adam O’Carroll
Background
Harvard and the Massachusetts Institute of Technology have sued to block the Trump administration’s attempts to eject international students from US universities should their courses move fully online due to coronavirus. In a lawsuit filed in the US federal court in Boston, the two prominent US universities jointly requested a temporary restraining order and permanent injunction to stop the policy announced Monday, which said foreign students whose courses were now online only should either leave the country or transfer to a course with in-person teaching to maintain their lawful status.
Short Notice
In their court filing, the universities argued that the change would leave hundreds of thousands of international students with no educational options within the United States, as most would be unable to transfer to another school on such short notice. The two universities, which attract about 9,000 international students to the US on F-1 academic study visas each year, argued that even if students were able to return home, they might find it difficult to take part in online learning from different time zones.
Uncertain Times
Colleges and universities across the US have been grappling with how to safely return students to campus amid worries that moving too quickly could spark a fresh wave of infections, with many opting to offer teaching either wholly or partly online. Harvard and MIT said that “after careful planning” they and several other US universities had decided to carry out “most” of their autumn 2020 term online to protect the health of students, faculty and staff — but that the new immigration ruling had thrown them “into chaos”.
Visa Requirements
Visa requirements for students have always been strict and coming to the US to take online-only courses has been prohibited. Immigration and Customs Enforcement (ICE) maintained that prohibition in its guidance, while providing some flexibility for hybrid models, meaning a mix of online and in-person classes. The agency suggested that students currently enrolled in the US consider other measures, like transferring to schools with in-person instruction. The Trump administration in particular has been keen to get students of all ages back to school this fall, as he hopes to revive the US economy after months of lockdown.
Response From Other Universities
While Harvard and MIT are the first universities to sue, other universities have been planning to address the new rules by ensuring they offer all students, including internationals, a minimum threshold of in-person teaching to allow them to maintain their immigration status. Harvard and MIT's lawsuit also received support from Cornell, which is joining as a friend of the court. The university said its international students will largely not be affected due to hybrid teaching but expressed strong opposition. Columbia University in New York City said that as it made decisions about the structure of its courses for the upcoming academic year, it would look to offer “hybrid” online and in-person courses. There are more than 1 million international students in the US.
Resources / Further Reading:
Alvarez, P., 2020. Harvard and MIT sue Trump administration over online-only instruction for foreign students in the US. CNN. Available at:
https://edition.cnn.com/2020/07/08/politics/harvard-mit-lawsuit-ice-foreign-students/index.html
[Accessed 8 July 2020]
Gross, E.L., 2020. Harvard, MIT Sue Trump Administration Over ICE Crackdown on Foreign Students. Forbes. Available at:
https://www.forbes.com/sites/elanagross/2020/07/08/harvard-mit-sue-trump-administration-over-ice-crackdown-on-foreign-students/
[Accessed 8 July 2020]
Hartocollis, A. and Jordan, M., 2020. Harvard and M.I.T. Sue to Stop Trump Visa Rules for Foreign Students. New York Times. Available at:
https://www.nytimes.com/2020/07/08/us/harvard-mit-trump-ice-students.html
[Accessed 8 July 2020]
Korn, M. and Hackman, M., 2020. Harvard, MIT Sue Trump Administration Over International-Student Policy. The Wall Street Journal. Available at:
https://www.wsj.com/articles/harvard-mit-sue-trump-administration-over-international-student-policy-11594214579
[Accessed 8 July 2020]
Perez, J., 2020. Harvard, MIT file suit over Trump administration visa rule for international students. Politico. Available at:
https://www.politico.com/news/2020/07/08/harvard-mit-visa-rule-international-students-352448
[Accessed 8 July 2020]
Silva, D., 2020. Harvard, MIT sue Trump administration over rule that strips visas from international students. NBC News. Available at:
https://www.nbcnews.com/news/us-news/harvard-mit-sue-trump-administration-over-rule-strips-visas-international-n1233154
[Accessed 8 July 2020]
Williams, A., 2020. Harvard, MIT sue to stop new US policy on foreign students. Financial Times. Available at:
https://www.ft.com/content/42a4206a-68e1-4a49-b664-26549893d24b
[Accessed 8 July 2020]
Comments