UPDATE on ICE Ruling for Online Fall Classes for International Students

UPDATE: On Tuesday afternoon, July 14, the Trump administration announced that it would be rescinding the recent ICE ruling regarding international students at universities that would only hold online classes for the fall semester. This rescission comes after at least 8 federal lawsuits and more that 200 universities spoke out in opposition to the ruling.

ORIGINAL ARTICLE:
Some students may have to leave U.S.

On Monday, July 6, U.S. Immigration and Customs Enforcement (ICE) modified the Student and Exchange Visitor Program (SEVP), by ruling that international students in the U.S. on certain type of visas must leave the country if their school opts for online-only classes, starting in fall of 2020.

This federal ruling (https://www.ice.gov/news/releases/sevp-modifies-temporary-exemptions-nonimmigrant-students-taking-online-courses-during) applies to students with an F-1 visa for a degree program or a M-1 visa for vocational training or technical courses, and creates uncertainty for students, as it could potentially ban them from staying in the country to complete their study programs.

According to a congressional report from Nov. 1, 2019 (https://crsreports.congress.gov/product/pdf/IF/IF11347), this ruling could effect approximately 1 million foreign students that are in the U.S. on student visas, which accounts for 5.3% of total enrollment with the following study distribution: 23% in engineerng, 18% in math and computer science, 8% in physical and life sciences, 17% in business or management, 11% in humanitie and arts, 7% in social sciences, 3% in health professions, and 13% in undeclared or other types of studies.

During the initial response to the Covid-19 pandemic, ICE made no actions in regard to spring and summer classes, when schools scrambled to move classes to virtual platforms, which made this new ruling unexpected, and without explanation. Universities have until July 15 to meet the new ICE guidlines, which left them with little time after the July 6 ruling to become compliant with or settle litigation in regard to the ruling.

Click here to see a petition against the ruling: https://www.change.org/p/student-and-exchange-visitor-program-sevp-allow-f-1-and-m-1-students-to-remain-in-the-us-with-online-only-classes?source_location=topic_page.

ICE was created in 2003 through a merger of the former U.S. Customs Service and the Immigration and Naturalization Service, and now has more than 20,000 law enforcement and support personnel in more than 400 offices in the U.S. and internationally, with an annual budget of approximately $8 billion.