More than 200 schools back lawsuit over foreign student rule
BOSTON » More than 200 universities are backing a legal challenge to the Trump administration’s new restrictions on international students, arguing that the policy jeopardizes students’ safety and forces schools to reconsider fall plans they have spent months preparing.
The schools have signed court briefs supporting Harvard University and the Massachusetts Institute of Technology as they sue U.S. Immigration and Customs Enforcement in federal court in Boston. The lawsuit challenges a recently announced directive saying international students cannot stay in the U.S. if they take all their classes online this fall.
A wide range of colleges and state and local officials are standing up to the policy, which faces mounting legal opposition. Massachusetts filed a federal suit Monday that was joined by Democratic attorneys general in 16 other states and the District of Columbia. Other suits have come from Johns Hopkins University and the state of California. The University of California system has said it will sue.
A judge is scheduled to hear arguments Tuesday in the case brought by Harvard and MIT. If the judge does not suspend the rule, colleges across the U.S. will have until Wednesday to notify ICE if they plan to be fully online this fall.
The Department of Homeland Security and ICE say the new policy is backed by existing law forbidding foreign students from taking all of their classes online. ICE suspended the rule in March in response to the pandemic, but the agency told universities it was subject to change, according to a Monday court filing from the Trump administration.
The agencies say their updated guidance still provides leniency by allowing foreign students to maintain their visas even if they study online from abroad this fall.
“Rather than completely rescinding the March guidance and reverting to business as usual with respect to schools and foreign students, ICE announced a measured transition to begin a move toward reopening schools and allowing students to return to classrooms,” the brief said.
A brief filed Monday by 59 universities, however, says the rule throws their plans into disarray with less than a month before some schools start the fall term. They challenged the policy’s legal grounds and say it forces schools across the nation to “choose between opening their campuses regardless of the public health risks, or forcing their international students to leave the country.”
The group includes all of Harvard’s companions in the Ivy League and other prestigious schools including Stanford and Duke universities. They collectively enroll more than 213,000 international students.
“These students are core members of our institutions,” the schools wrote. “They make valuable contributions to our classrooms, campuses and communities — contributions that have helped make American higher education the envy of the world.”
The colleges are asking the court to block the rule as quickly as possible, saying it’s already being used to turn students away. Last Wednesday, a DePaul University student was prevented from entering the country after arriving in San Francisco, according to the filing. Harvard previously said one of its students from Belarus was turned away from a flight at an airport in Minsk last week.
If the policy is upheld, schools could forced to reconsider their fall plans. Princeton last week said first-year students and juniors could live on campus this fall, while sophomores and seniors would replace them during the spring semester. But that plan was based on the understanding that foreign students could continue remote learning from the U.S., the filing said.