ICE Rescinds Rule Barring Foreign Students From Online-Only School This Fall

U.S. Immigration and Customs Enforcement and Department of Homeland Security are walking back the early July ruling that foreign students whose schools opted to go all-online for the fall 2020 semester must leave the country or transfer to a school with some on-campus classes.

The move was announced by federal judge Allison D. Burroughs at a hearing on Tuesday for the case Harvard and MIT filed last week asking the courts to bar DHS and ICE from enforcing the rule, the Harvard Crimson reported. Hundred of other schools had backed Harvard and MIT’s suit.

Now, ICE will stick with the update to its rules issued in March that allow students taking online courses to reside in the United States on F-1 visas.

“Both the policy directive and the frequently asked questions would not be enforced anyplace,” Burroughs said, according to the New York Times.

The rescinded ruling actually gave international students more flexibility for hybrid class models than were allowed under normal visa rules, but was a rollback of more open rules that were in place for the spring and summer semesters of 2020. Under normal circumstances, international students can only take one class or three credit hours online.

In addition to the universities involved, the attorneys general of at least 18 states also sued, according to the Times. They said that the policy was “reckless, cruel and senseless.”On Tuesday, over a dozen technology companies publicly supported the lawsuit, the Times reported, saying that the policy would “harm their businesses”

“America’s future competitiveness depends on attracting and retaining talented international students,” the companies said in court papers, according to the Times.

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Eisenheim
4 years ago

Bernie 2020

swimfan210_
4 years ago

Good. The policy was obviously a terrible idea that would cause more harm than good.

Corn Pop
Reply to  swimfan210_
4 years ago

Universities that take international student’s money ought b e able t o set up shop so the t students get value . I read Colombia was setting up centres across NY to comply . Online ain’t it , unless they are just using it for future residency .

Swimmer A
4 years ago

Abolish ICE

Swimmer A
Reply to  Swimmer A
4 years ago

There have been 1,224 sexual abuse complaints against ICE agents from 2010 to 2017.

Hank Monroe
Reply to  Swimmer A
4 years ago

Not saying this is OK or there isn’t a problem, but there were 1224 complaints and it’s estimated that half were from ICE staff.

Swimmer A
Reply to  Swimmer A
4 years ago

ICE has separated over 3,000 children from their parents under this administration. From 2010 to 2017 there were 1,224 sexual abuse complaints made against ICE agents. 194 children have died in ICE custody. ABOLISH ICE.

Swimmer A
Reply to  Swimmer A
4 years ago

ABOLISH ICE.

Swimmer A
Reply to  Swimmer A
4 years ago

A – B – O – L – I – S – H

Swimmer A
Reply to  Swimmer A
4 years ago

I – C – E

Swimmer A
Reply to  Swimmer A
4 years ago

3,000 children have been separated from their parents under this administration. 1,224 s*x abuse complaints have been made againt ICE agents from 2010 to 2017. 194 children have died in ICE custody.

CA_LAWYER
Reply to  Swimmer A
4 years ago

2019 ICE Stats
5750 human smuggling arrests
2197 human trafficking arrests
428 human trafficking victims rescued or identified
3957 child predators arrested
1069 child exploitation victims rescued or identified
3886 transnationally gang members arrested
12450 lbs of opioids seized
145000 lbs of meth seized
$775 million of currency and assets seized

Swimmer A
Reply to  CA_LAWYER
4 years ago

That’s great, how do we hold ICE agents accountable for their crimes?

CA_LAWYER
Reply to  Swimmer A
4 years ago

We actually are on some common ground on that topic. We’ve been trying for years to come up with programs to protect those who are violated but with only 43 investigations during that time there’s a problem that needs to be addressed.

My point is that there’s certainly room for improvement, but does that mean the overwhelming majority of ICE employees are doing this or is it a small percentage and we need to address that? Take for example swimming coaches. We see stories of abuse by coaches on Swimswam all the time. Do we get rid of club/college swimming and/or coaches or do we address the issue at hand?

Sam
Reply to  CA_LAWYER
4 years ago

source?

Pedobear
Reply to  Swimmer A
4 years ago

Its estimated that only 5% of actual events of sexual abuse and molestation are ever brought to light in formal complaints. At best, 50% of that original 5% ever goes to prosecution or sanction.

CA_LAWYER
Reply to  Swimmer A
4 years ago

I’m always curious as to what’s the answer after you abolish them?

2Fat4Speed
Reply to  CA_LAWYER
4 years ago

Go back to pre-2003 when it did not exist?

Hank Monroe
Reply to  2Fat4Speed
4 years ago

Immigration controls have been around since 1905 in the UK and have been enforced in most nations since that time. The US didn’t one day think that hey we should do something about terrorism and illegal movement of people and goods. The agency was created due to the events of Sept 11 2001 to place more emphasis on it rather than having multiple agencies try to combat it. Simply getting rid of it doesn’t address with they are chartered with doing.

CA_LAWYER
Reply to  Hank Monroe
4 years ago

And then what? Ask nicely the 37547 criminals they arrested in 2019 to make some life changes?

eagleswim
Reply to  CA_LAWYER
4 years ago

wait do you think that if you abolish ICE then they have to let all those people go free? And you claim to be a lawyer…

CA_LAWYER
Reply to  CA_LAWYER
4 years ago

Is this the old department that is also being defunded?

Swimmer A
Reply to  CA_LAWYER
4 years ago

Construct new agency. Establish new directives. Dismantle ICE detention centers and anti-immigrant culture that has led to human rights violations.

CA_LAWYER
Reply to  Swimmer A
4 years ago

Can’t the existing organization be reformed? It takes a while to develop a new organization and work through the logistics. Also, where should those who enter the country illegally be detained?

Swimmer A
Reply to  CA_LAWYER
4 years ago

Ok, every response I making is getting blocked. Enjoy your day.

Hmm
Reply to  Swimmer A
4 years ago

Because you can’t just say “abolish ICE” or “defund police” and have no idea what you’re going to do next. The logistics make it very hard to accomplish.

CA_LAWYER
Reply to  Hmm
4 years ago

With a $5 trillion dollar national budget I don’t think we are defunding much nationally. I could see this happening at the state level more often, but if Bernie were ever to get in there we would magically have free education for all and school budgets would be plentiful. Unfortunately he’s never going to get that nomination from the party he’s devoted his life too.

I think the general concern is that we need law enforcement by defunding them the crime activity isn’t going to disappear based off just that action alone.

Corn Pop
Reply to  CA_LAWYER
4 years ago

? Bernie was an Independant 1978-2015 & 2017-2019. He comes in from the cold to hook the non joiners/ non voters / remnant hippies & idealists .

Swimmer A
Reply to  CA_LAWYER
4 years ago

None of this will be easy. And we might not even get it right at first. But we need to abolish ICE to end their abuses. I worked across the street from ICE for five years, every week hundreds of people would protest in front of their building. And despite all the noise over separating families, and having kids die under their watch, no one was ever held accountable and they never stopped. They are still housing kids in cages. If we are incapable of changing their behavior then we need to dismantle them and start over.

Jimbo
4 years ago

Amazing news

SWIMGUY12345
4 years ago

Trump adminstration got zipped up really quickly. Super pathetic to even try this in the first place.

Wow
Reply to  SWIMGUY12345
4 years ago

It’s unfortunate how much the comment section has turned political recently. Anyways, this is positive news!

SWIMGUY12345
Reply to  Wow
4 years ago

Not sure how this wouldn’t be political…literally no logical reasoning for his administration trying to institute this.

Hank Monroe
Reply to  SWIMGUY12345
4 years ago

You must have missed the prior article written on this and the comments that followed. Brayden even clarified the following:
“The ruling was actually made to open up restrictions. There’s typically a 1 class/3-hour restriction for online instruction for students in the US on visas. This ruling will actually expand those limits for those who are attending colleges with hybrid models this year. It just didn’t expand it *all the way*.

Now they’ve gone all the way.

SwimFan
Reply to  Wow
4 years ago

How could it not be? The Administration made it political.

Hank Monroe
Reply to  SwimFan
4 years ago

How did they make it political?

Swimmer A
Reply to  Hank Monroe
4 years ago

It’s domestic policy. It’s inherently political.

CA_LAWYER
Reply to  Swimmer A
4 years ago

A noteworthy quote from the judge: ““I have been informed by the parties that they have come to a resolution,” she said at the start of proceedings. “They will return to the status quo.”

Hank Monroe
Reply to  SWIMGUY12345
4 years ago

The rule that the Trump administrator eased up on to begin with they are now easing up on even more.

Swimmer A
Reply to  Hank Monroe
4 years ago

Then why did he put this rule out there to begin with?

Swimmer A
Reply to  Swimmer A
4 years ago

Anyone?

CA_LAWYER
Reply to  Swimmer A
4 years ago

He didn’t, the “rule” has been around for a while now and may have been updated over the years. https://travel.state.gov/content/travel/en/us-visas/study/student-visa.html

Hank Monroe
Reply to  CA_LAWYER
4 years ago

Correct, student Visas have been issued for at least 23 years.

Woleai
Reply to  Swimmer A
4 years ago

Many people in the international education field seem to think the guidance announced by ICE on July 6 was a strategy for the Trump administration to put pressure on colleges and universities to not offer only online class options (such as what Harvard had announced it was doing for the upcoming semester). Opening up schools in theory would help the economy, which in turn in theory could help Trump. It did not seem to have much, if anything, to do with public health matters or even anti-foreigner ideology, although that’s certainly debatable.

Whatever the real motivation(s) behind it, it’s great news that they rescinded it. Could have had very real seriously negative immediate impacts on international students in the US.… Read more »

Ghost
4 years ago

Way to go Harvard and MIT and the other schools who supported them!

About Torrey Hart

Torrey Hart

Torrey is from Oakland, CA, and majored in media studies and American studies at Claremont McKenna College, where she swam distance freestyle for the Claremont-Mudd-Scripps team. Outside of SwimSwam, she has bylines at Sports Illustrated, Yahoo Sports, SB Nation, and The Student Life newspaper.

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