Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
California recently challenged a new ICE rule that would deport international students who have to transition to remote learning amidst rising coronavirus cases.
In recent legal news, the U.S. Immigration and Customs Enforcement (ICE) announced a new rule requiring international students to attend in-person classes to retain their visas.
This rule reportedly contradicts March guidance from the Trump administration that made it possible for holders of F visas for academic studies and M visas for vocational training to complete their courses online due to the coronavirus pandemic.
California has become the first state to challenge this rule. A lawsuit filed by California Attorney General Xavier Becerra notes that California had more than 184,000 international students attending colleges and universities in the state as of January. According to Becerra, California has more international students than any other state in the country.
According to the Centers for Disease Control and Prevention (CDC), social distancing is one of the “core tools” that will help manage the highly contagious coronavirus. For the spring semester of 2020, nearly all colleges and universities around the country closed their campuses and committed to controlling the pandemic.
Unfortunately, the pandemic is still ongoing. Should case numbers continue to increase, classes in the fall may also be relegated to online formats. However, based on ICE’s new remote learning rule, this could put international students in the U.S. on visa between a rock and a hard place.
The ICE remote learning lawsuit argues that the new rule creates a catch-22 situation for international students, forcing them to weigh their health and their education.
If international students are forced to take classes on campus, they expose themselves and others to a high risk of developing the coronavirus.
Conversely, if they prioritize their health and safety by taking classes online, they risk being deported by ICE.
“In changing its policy, ICE not only acted contrary to the clear record showing that the COVID-19 emergency has escalated, not receded, but it also showed no consideration of the significant harms presented by the pandemic,” the ICE remote learning lawsuit claims.
“ICE’s rescission of these exemptions undermines these informed decisions and pressures California higher education institutions to offer additional in-person classes to avoid losing the contributions of tens of thousands of international students who are valuable members of their academic and research communities.”
In addition to filing a lawsuit against the federal government, Becerra recently slammed the Trump administration for their new rule, arguing that forcing international students to attend in-person classes could result in increased coronavirus deaths.
“This could put everyone at risk of getting and spreading the coronavirus or subjecting these students to deportation,” Becerra said in a virtual press conference. “This policy turns our universities into hot spots for the disease.”
California State University Vice Chancellor Leo Van Cleve also spoke out against the new ICE remote learning rule during the press conference.
According to Van Cleve, the policy will not only disrupt the educational opportunities of international students, it will also deny the U.S. the contributions these students could have brought the country.
“These students deserve better than to have their dreams put on hold and to face possible deportation,” Van Cleve argued.
In addition to being unfair and inconsiderate, the California remote learning lawsuit argues, the new ICE rule is illegal. According to Becerra, ICE failed to follow the proper procedures required to implement a new rule.
Although California was the first state to take legal action against the new ICE remote learning rule, several other states have since spoken out.
Massachusetts has filed a multistate lawsuit against ICE that was recently expanded to include Maryland. Like California, the states argue that ICE’s new remote learning policies are unfair and illegal.
Colleges and universities have also taken action against ICE’s new rule. Last week, Harvard University and MIT filed a lawsuit against ICE asking for the court to grant a temporary restraining order and permanent injunction against the remote learning police.
More recently, 59 colleges, including Georgetown, Stanford, Arizona State University and Yale, filed an amicus brief in court supporting the lawsuit.
What are your thoughts on the new ICE remote learning rule? Let us know in the comment section below.
California is represented by Xavier Becerra, Michael L. Newman, Domonique C. Alcaraz, Lee I. Sherman, Jasleen Singh and Marissa Malouff of the California Attorney General’s Office.
The International Student Remote Learning Lawsuit is The State of California v. U.S. Department of Homeland Security, et al., Case No. 3:20- cv-04592, in the U.S. District Court for the Northern District of California.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
