Boston Herald

‘ICE ORDER IS ... ILLEGAL’

Harvard, MIT sue to block rule on online-only internatio­nal students

- By erin Tiernan

Harvard and MIT filed suit against the Trump administra­tion Wednesday over a policy shift that forbids internatio­nal students from studying at colleges and universiti­es that shift to remote learning amid the coronaviru­s pandemic.

“We will pursue this case vigorously so that our internatio­nal students — and internatio­nal students at institutio­ns across the country — can continue their studies without the threat of deportatio­n,” Harvard President Lawrence Bacow said in a message to the university community on Wednesday.

“We believe that the ICE order is bad public policy, and we believe that it is illegal,” Bacow wrote.

The suit comes two days after U.S. Immigratio­n and Customs Enforcemen­t sent the higher education community into upheaval when it rescinded pandemic-era exceptions imposed in March that allowed foreign students to take classes online as campuses across the country shuttered in an effort to slow the spread of the coronaviru­s.

Under the new federal Student and Exchange Visitor Program rule, students whose courses will be taught fully online would be barred from entering the country. Those already in the United States must either leave the country or transfer to a school with in-person instructio­n to keep their visas.

The suit, filed Wednesday in Federal Court in Boston, seeks a 14day restrainin­g order and asks for the ICE directive to be vacated or set aside as “arbitrary and capricious.”

ICE said in response to a Herald inquiry that the agency is not able to comment on pending litigation.

The ICE policy shift has faced intense backlash from the higher education community since it was announced.

Many institutio­ns assumed immigratio­n authoritie­s would extend flexibilit­y for internatio­nal students through the next academic year as the public health crisis continues.

Colleges and universiti­es from Princeton to Berkeley have been left scrambling to find creative ways to offer the in-person instructio­n necessary for more than 1.1 million internatio­nal students across the nation to keep their visas.

Princeton University President Christophe­r Eisgruber announced the institutio­n would file an amicus brief in support of the lawsuit, calling ICE’s policy “disruptive and ill-defined.”

Attorney General Maura Healey has also vowed legal action against a policy she said only “creates more uncertaint­y.”

“Massachuse­tts is home to thousands of internatio­nal students who should not fear deportatio­n or be forced to put their health and safety at risk in order to advance their education. This decision from ICE is cruel, it’s illegal, and we will sue to stop it,” Healey said.

The lawsuit marks another line in the sand in the battle between the Trump administra­tion and local education officials.

Acting Deputy DHS Secretary Ken Cuccinelli said in a Tuesday appearance on CNN said the visa directive “will … encourage schools to reopen.”

Education Secretary Betsy DeVos said anything less than a full reopening of the nation’s elementary and high schools would be a failure for students and taxpayers. President Trump on Wednesday threatened to withhold federal money if districts don’t bring back students in the fall.

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NiCOlAuS CzArneCki PhOtOS / herAld StAFF TEAMING UP: Harvard and MIT, below, have filed suit over a new ICE policy.
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