Attempting to pressure universities and colleges to reopen for face-to-face instruction in the coronavirus AKA CoV-2 or Covid-19 crisis, Department of Homeland Security [DHS] and U.S. Immigration and Customs Enforcement [ICE] announced it would pull F-1 and M-1 visas for students receiving only online instruction. Issuing visas makes sense for foreign students attending face-to-face instruction, not purely online learning. There’s no possible reason a purely online programs need student visas issued for purely Internet-based instruction. Online universities or programs do not require visas because students can complete certificates or degrees on the Intenet. DHS and ICE’s decision to yank visas from students attending universities offering face-to-face instruction before Covd-19 makes zero sense. No students attending universities or colleges forced online should have their visas yanked.
Harvard University and Massachusetts Institute of Technology [MIT] filed for injunctive relief Boston’s District Court, claiming DHS and ICE have gone overboard trying to induce universities and colleges to return to classroom instruction. No one wants to return to classroom instruction more than colleges, universities and K-12 education. University of Southern California [USC], rescinded its decision July 2 for classroom instruction for the fall realizing the Covid-19 crisis was not sufficiently resolved to afford safety to students, faculty, administration and staff. “The effect—and perhaps even the goal—is to create as much chaos for universities and international students as possible,” said Harvard’s and MIT’s legal brief to the District Court. Because of the Covd-19 crisis, it’s doubtful the court would not honor the requests by Harvard and MIT for injunctive relief.
Arguing to the District Court than DHS and ICE wants to create “chaos,” is far less relevant than Trump wants everything in the Covid-19 crisis back to normal at the earliest possible time. No student forced into online instruction should be penalized because to the Covid-19 crisis. Students issued F-1 and M-1 visas were enrolled in classroom instruction until universities and colleges were forced by CDC guidelines to maintain social distancing and other means to slow the spread of the virus. Of far greater concern to colleges and universities is the loss of tuition from foreign students, forced, because of losing visas, to disenroll because they’re forced to return back to their homelands. Students, of course, are given the option in the Covid-19 crisis to completed all classes online, unless certain certificates or degree programs require residency specific requirements.
DHS and ICE have given students the opportunity to keep visas if they enroll in colleges and universities offering face-to-face instruction. But as long a curriculum changes stem purely from the Covid-19 crisis, no student, university or college should be penalized for existing DHS or ICE rules specifying that visas are only for students receiving classroom instruction. Chronicle for Higher Education indicates that while 8% of colleges and universities committed to online instruction this fall, the vast majority are on hold, leaning, like USC, to continue online instruction only. “The order came down without notice—its cruelty surpassed only by its recklessness,” said Harvard University President Lawrence S. Bacow. “We believe that the ICE order is bad public policy, and we believe that it’s illegal,” making their case before Boston District Court, saying nothing about how it hurts universities and colleges’ bottom line.
Harvard and MIT’s best argument is that no college or university relying on foreign tuition should be robbed of a revenue stream because of a public health crisis. While it’s true that it creates “chaos,” it’s also true that universities and colleges rely heavily on foreign tuition to pay necessary overhead. “ICE’s action proceeded without any indication of having considered the health of students, faculty, university staff, or communites . . “ wrote Harvard and MIT’s complaint to the court. But the strongest argument involves an extenuating circumstance of Covid-19, forcing universities and colleges to take evasive action to protect students, faculty, administration and staff from contracting the deadly virus. Whatever the college or university does for the community in Covid-19 crisis is less relevant than DHS and ICE recognizing extraordinary circumstances during a global pandemic.
Acting DHS Secretary Ken Cuccinelli defends White House policy to enforce existing rules related to visas and online instruction. No one doubts that visas are not required for online degree programs. But for foreign students issued M-1 and F-1 visas to attend universities like Harvard or MIT, it was never the intention to transition on online instruction. “This is now setting the rules for one semester, which we’ll finalize later this month that will, again, encourage schools to reopen,” gives the real motive behind the DHS and ICE enforcing on online instruction rule. Cuccinelli surely knows the damage done to existing students, faculty and administration by pulling the plug on visas. If DHS or ICE wishes to reopen colleges and universities they should work with the Department of Health and Human Services [DHHS] to reduce the dangers associated with the Covid-19 crisis.
