If the rule is not suspended, colleges across the U.S. will have until Wednesday to notify ICE if they plan to be fully online this fall
TONY LUONG/The New York Times News Service
A judge is scheduled to hear arguments in the case on Tuesday. 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.A brief filed Monday by 59 universities says the rule throws their plans into disarray with less than a month before some schools start the fall term.
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, two days after the policy was announced, a DePaul University student was prevented from entering the country after arriving in San Francisco, according to the brief. Harvard has previously said one of its students from Belarus was turned away from a flight at an airport in Minsk last week.
A separate group of 180 colleges filed a brief Sunday in support of the lawsuit. The group, called the Presidents’ Alliance on Higher Education and Immigration, said colleges were “blindsided” by the policy. They said it was a reversal of a March 13 directive from ICE that waived limitations around online education for foreign students “for the duration of the emergency.” They point to data suggesting that the number of new coronavirus cases in the U.S. is higher now than it was in March.
Under the new rule, international students will be forced to leave the U.S. or transfer to another college if their schools operate entirely online this fall. New visas will not be issued to students at those schools, ICE said, and others at schools offering a mix of online and in-person courses will be barred from taking all of their classes online.
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