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The United States federal government is being sued over a new policy stating international students cannot live in the U.S. if their classes are online.
This policy has been met with criticism and legal action by universities, and now this criticism is echoed by 17 states, along with the District of Columbia.
The Trump international student visa policy lawsuit is led by Massachusetts Attorney General Maura Healey, who spoke to the integral role that international students play in the state’s “educational institutions, communities, and economy.” She and other attorneys general argue that the decision to banish international students abroad would cause chaos for institutions and students alike.
The legal officers have asked the court for a preliminary injunction that would keep the Trump Administration policy from taking effect. In making the request, the attorneys general states the Trump Administration has failed to provide a justification for why this policy would be implemented.
According to Attorney General Healy, the policy has put pressure on international students who are already struggling to return to the United States amidst the complications and risks of the coronavirus crisis. Allegedly, some students have already been denied entry into the United States, as fall semesters approach.
The attorneys general also noted that the policy imposed stress on institutions, may of whom spent months planning how to approach the upcoming semesters. In their eyes, colleges and universities were largely almost finished planning for fall 2020 by the time this new policy was announced on July 6.
Allegedly, many schools relied on the March 13 policy, which allowed exemptions to normal in-person learning requirements “for the duration of the emergency” imposed by COVID-19.
The July 6 directive represented an abrupt about-face, says the attorneys general. They state the objective required those international students not taking enough in-person courses to “depart the country or take other measures, such as transferring to a school with in-person instruction.”
The directive also allegedly threatened “immigration consequences including, but not limited to, the initiation of removal proceedings” to those who did not comply.
The directive went on inform educational institutions that they had just nine days to inform the federal government of their educational approach for the following semester. They reportedly had to provide information on whether they were going to offer only remote courses, in-person classes, or a combination of the two, say the attorneys general.
The attorneys general goes on to say that by Aug. 4, 2020, colleges and universities must certify with the federal government that each student enrolled for in-person classes meets certain requirements for their learning scenarios.
The Trump Administration visa lawsuit states the policy leaves universities and colleges with an “agonizing” choice.
They can allegedly either chose to keep all courses online in an effort to best protect their communities from the coronavirus, or they can attempt to provide enough last-minute classes to allow their international students to participate.
The lawsuit states that this option would both imperil the safety of the community and require many institutions to design courses in mere weeks, an immense and often impossible task.
The Trump Administration COVID-19 lawsuit goes on to summarize the significant social and cultural impact of this policy, noting that “losing the presence — and in many cases the enrollment — of international students would result in the loss of invaluable perspectives and contributions by these students.”
The attorneys general also went on to note the economic stakes of this choice. They stated that “hundreds of millions of dollars in forgone tuition as well as fees for housing and other services, and hundreds of billions of dollars in revenue for our States’ economies” are imperiled by this policy.
This Trump administration policy lawsuit was preceded by several lawsuit filed by educational institutions, including one filed by Harvard, the Massachusetts Institute of Technology, Johns Hopkins University, and another by law students at the University of California Irvine.
How has your education or the education of someone you know been affected by the coronavirus crisis? Share your experiences in the comments section below.
The states are represented by Abigail B. Taylor of the Massachusetts Attorney General’s Office.
The Trump International Student Visa Lawsuit is Commonwealth of Massachusetts, et al. v. United States Department of Homeland Security, et al., Case No. 1:20-cv-11311-ADB, in the U.S. District Court for the District of Massachusetts.
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