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What Is Known about ICE’s Rule Change for Foreign Students

FILE - Students walk near the Widener Library in Harvard Yard at Harvard University in Cambridge, Mass., Aug. 13, 2019.
FILE - Students walk near the Widener Library in Harvard Yard at Harvard University in Cambridge, Mass., Aug. 13, 2019.

U.S. Immigration and Customs Enforcement (ICE) announced this week that international students enrolled in U.S. colleges and universities that switch to online-only courses will have to leave the country or risk deportation. Here’s an overview of what is known about the most recent changes to the Student and Exchange Visitor Program during the pandemic.

How many colleges and universities are planning online-only classes?

Nine percent of 1,090 U.S. universities -- or 98 institutions -- are planning for a fall semester exclusively online, according to the Chronicle for Higher Education, which since March has been tracking which colleges and universities will teach online, in person or a hybrid of both.

An additional 24% -- or 262 -- say they are planning a hybrid model (part in class, part online), and 7.2% -- or 78 -- are undecided or undeclared.

Sixty percent – or 654 -- say they are planning for an in-person semester.

New York University, with the largest population of international students at 19,605, is proposing a hybrid model. Columbia University, the fourth-largest international student population with 15,897, says it is considering multiple options but hopes to return to in-person instruction as soon as it is safe to do so.

University of Southern California -- with the second-largest population of international students at 16,340 -- is planning for online instruction for undergraduates. Twenty-three state universities in California, including University of California-Los Angeles with 11,942 international students, also plan to conduct online-only classes.

Northeastern University, with 16,075 international students, is planning a hybrid model, [[ ]] as is Boston University, which has 10,598 foreign scholars.

How many students are affected? What is the deadline for them to decide where to live?

As of the 2018-2019 academic school year, there were 1,095,299 international students at U.S. colleges and universities, according to the Institute for International Education, which issues an annual report on international students in the U.S. International students make up 5.5% of the higher education population in the U.S., according to IIE.

Colleges and universities typically notify applicants of acceptances the first quarter of the year, with most letters going out in early April. Students are expected to commit -- including making a deposit to hold their spot -- by early May. The COVID-19 pandemic has delayed that process.

The states with the largest populations of international students are California, New York, Texas, Massachusetts, Illinois, Pennsylvania, Florida, Ohio, Michigan and Indiana. Some of those states have been among the hardest-hit by COVID-19.

What options do foreign students have if their university goes to online-only? Is there an appeal process?

Because the visa and university application process is long and complicated, students cannot easily pivot to other schools.

ICE, which oversees the Student and Exchange Visitor Program, is referring international students to a “School Reporting and Procedural Requirements” page on the SEVIS website.

Meanwhile, the Association of International Educators (NAFSA) has updated its guidance for the upcoming semester: “Some flexibility will continue for schools that adopt an in-person or hybrid model for Fall 2020, but will not continue for students in the United States studying at schools operating entirely online for Fall 2020.”

The association adds that a deadline is looming: “[A]ll schools must update their operational plans with SEVP: Schools that will be entirely online or will not reopen for Fall 2020 must notify SEVP no later than Wednesday, July 15, 2020. Schools that will offer an in-person or hybrid program for Fall 2020 must notify SEVP of their plans by August 1, 2020.”

What happens to students if colleges hosting in-person classes are later forced to go to online-only?

ICE advises, “Schools should update their information in the Student and Exchange Visitor Information System (SEVIS) within 10 days of the change if they begin the fall semester with in-person classes but are later required to switch to only online classes, or a nonimmigrant student changes their course selections, and as a result, ends up taking an entirely online course load.”

The ICE website adds: “Nonimmigrant students within the United States are not permitted to take a full course of study through online classes. If students find themselves in this situation, they must leave the country or take alternative steps to maintain their nonimmigrant status such as a reduced course load or appropriate medical leave.”

What are the financial implications of this new policy for universities and colleges?

Universities already weathering big declines in international enrollment and revenues will suffer another financial hit if foreign students are unable to attend. According to the Brookings Institution, international students account for $2.5 billion in tuition and other revenue to American colleges and universities.

But their total contribution to the U.S. economy is far larger. The American Council on Education estimates foreign students have economic impact of $41 billion and support more than 450,000 U.S. jobs.

Colleges and universities that have the largest populations of foreign students are California (161,693), New York (124,277), Texas (81,893), Massachusetts (71,098), Illinois (53,724), Pennsylvania (51,818), Florida (45,957), Ohio (37,314), Michigan (33,236) and Indiana (29,083) in 2018-2019.

What are universities telling international students about this rule change?

Many colleges and universities are expressing dismay and pledging to do what they can to assist foreign students.

"We are deeply concerned that the guidance issued today by U.S. Immigration and Customs Enforcement imposes a blunt, one-size-fits-all approach to a complex problem giving international students, particularly those in online programs, few options beyond leaving the country or transferring schools," Harvard University President Larry Bacow wrote the university community Monday.

“Our focus and efforts right now are on analyzing the DHS guidance to provide Stanford students accurate and timely information,” Shalini Bhutani, executive director of Stanford University’s International Center, wrote in a message to international students on Monday. “Please know that the Stanford community is committed to supporting international students.”

“With today’s update, students with certain visas must enroll in at least one in person course this fall to enter or remain in the U.S. Students who choose to enroll fully online will still be able to matriculate with UCI this fall from outside the U.S.,” wrote Willie L. Banks Jr., Ph.D., vice chancellor for Student Affairs, and Gillian Hayes, Ph.D., vice provost for graduate education in an email to the University of California-Irvine community Monday.

See all News Updates of the Day

Paper: International students faced extra pandemic challenges

FILE - Jackson State University student Kendra Daye reacts as Tameiki Lee, a nurse with the Jackson-Hinds Comprehensive Health Center, injects her with the Pfizer COVID-19 vaccine, in Jackson, Miss., Sept. 21, 2021.
FILE - Jackson State University student Kendra Daye reacts as Tameiki Lee, a nurse with the Jackson-Hinds Comprehensive Health Center, injects her with the Pfizer COVID-19 vaccine, in Jackson, Miss., Sept. 21, 2021.

Astrobites, which describes itself as "a daily astrophysical literature journal written by graduate students in astronomy since 2010," focuses on the challenges international students faced during the COVID-19 pandemic.

It examines a paper published in the Journal of Comparative & International Higher Education entitled The Impact of the COVID-19 Pandemic on International Students in a Public University in the United States: Academic and Non-academic Challenges.

Read the Astrobites article here. (April 2024)

15 cheapest US universities for international students

FILE - A cyclist crosses an intersection on the campus of Arizona State University on Sept. 1, 2020, in Tempe, Ariz.
FILE - A cyclist crosses an intersection on the campus of Arizona State University on Sept. 1, 2020, in Tempe, Ariz.

Yahoo!Finance has compiled a list of the 15 cheapest U.S. universities for international students.

Among them: Arizona State University, the University of North Carolina at Chapel Hill and Michigan State University.

Read the list here. (March 2024)

Studying STEM? International students have funding options

FILE - Founder & CEO Uma Valeti peers into one of the cultivation tanks at the Upside Foods plant, where lab-grown meat is cultivated, in Emeryville, California, Jan. 11, 2023.
FILE - Founder & CEO Uma Valeti peers into one of the cultivation tanks at the Upside Foods plant, where lab-grown meat is cultivated, in Emeryville, California, Jan. 11, 2023.

US News & World Report takes a look at funding options for international students pursuing STEM degrees in the U.S.

The article explains the different kinds of scholarships and grants and offers tips on getting part-time jobs and private student loans. Read the full story here. (March 2024)

US campuses are battlegrounds in free speech debate

Students hold up a photo of University of Southern California 2024 valedictorian Asna Tabassum in protest to her canceled commencement speech on the campus of University of Southern California, in Los Angeles, April 18, 2024.
Students hold up a photo of University of Southern California 2024 valedictorian Asna Tabassum in protest to her canceled commencement speech on the campus of University of Southern California, in Los Angeles, April 18, 2024.

This week the University of Southern California canceled the graduation speech of its senior class valedictorian at a time when there is a growing debate over the limits of free speech on American college campuses.

USC’s Asna Tabas­sum, a Muslim biomedical engineer major, was selected from among 100 outstanding students to address the graduating class of 2024 this May. However, the school withdrew the invitation for her to speak at the graduation ceremony citing safety concerns.

Tabassum denounced the decision, which she attributed to her public support for Palestinian human rights. She said it is part of “a campaign of hate meant to silence my voice.”

Students carrying signs protest a canceled commencement speech by its 2024 valedictorian who has publicly supported Palestinians on the campus of University of Southern California, April 18, 2024.
Students carrying signs protest a canceled commencement speech by its 2024 valedictorian who has publicly supported Palestinians on the campus of University of Southern California, April 18, 2024.

The school maintains it is a safety issue, not about free speech. School officials say they received an alarming number of violent threats after selecting her as speaker.

USC is one of many American universities that have struggled with policies over free speech and campus protest since October’s Hamas terrorist attack on Israel and the continuing fighting in Gaza. After weeks or months of on-campus protests and rallies, schools have been taking more forceful action to punish protesters who administrators say have become disruptive.

On Thursday at Columbia University in New York, police arrested more than 100 students who had gathered on campus for pro-Palestinian protests. The school’s dean wrote that the protesters had been told several times that they were violating university policies and would be suspended. The students say they were exercising their free speech rights.

At Washington’s American University, protests in all campus buildings have been banned by the school’s president since January. Under the new policy, students may not hold rallies, engage in silent protests or place posters in any campus building.

Protests and safety

University students have a long history of engaging in political activism. From the Vietnam War to abortion rights, universities have played a key role in American political debates.

However, students now say that schools like AU with a long-standing protest culture are silencing protesters with new rules.

Arusa Islam, American University student body president-elect and current vice president, says the policies are preventing an open discussion about U.S. foreign policy.

“Indoor protesting was never a problem, it was never an issue before October 7th,” Islam said. “Students were allowed to put up posters in buildings and students were allowed to have a silent protest.”

“And now we don’t have that right anymore,” she added. “We have been silenced and it is affecting us greatly.”

American University’s president, Sylvia Burwell, says the school’s new policies are intended to ensure that protests do not disrupt university activity.

Burwell also referred to recent events on campus that “made Jewish students feel unsafe and unwelcome.” She added, antisemitism is abhorrent, wrong, and will not be tolerated at American University.

While administrators insist that they are making narrow restrictions in the interests of providing an education, critics say the policies have a far-reaching effect.

At Cornell University, where new rules took effect in January, Claire Ting, the executive vice president of the Cornell Student Assembly, said the policies have had an unsettling effect on campus.

“The campus climate at Cornell has been tense surrounding free speech in recent times,” Ting emailed VOA.

Ting said that both students and faculty feel the policy has had chilling effects on free expression.

“Students report facing arbitrary, escalating punishment for violating the policy, with the policy itself lacking clear outlines for the consequences of civil disobedience,” she added.

In its new policy Cornell warns students that disciplinary action may be taken if protests impede people or traffic, damage school property or interfere with the school’s operations in any way.

In its campus-wide notice explaining the new guidelines, the school wrote that the new policy would ensure that expressive activity is allowed but must remain nonviolent.

The Foundation for Individual Rights in Education, also known as FIRE, has tracked free speech issues on American campuses.

FIRE and College Pulse have produced an annual survey, since 2022, ranking colleges based on their policies and what students say about the free speech climate on campus.

This year the group reported that “alarming” numbers of students say they self-censor or “find their administrations unclear” on free speech issues.

“College campuses have always been places where students have been unafraid to express themselves and with the recent Gaza conflict after the 10/7 attacks, it’s been very heated on both sides of this issue,” said Zach Greenberg, the senior program officer of FIRE.

Harvard ranked last in this year’s survey. FIRE said the school punished some professors and researchers over what they had said or written, and students reported a poor climate for free speech on campus.

The controversy came to Congress late last year, when Harvard’s president testified over complaints of widespread antisemitism.

Israel-Hamas War Brings Controversy to US Campuses  
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“I don’t think you’d find many students on campus right now that would say we are the model for flourishing free speech and ideas exchange in the country,” said J. Sellers Hill, president of Harvard’s school newspaper The Harvard Crimson.

“But I think you’ve really seen that be acknowledged by administrators and it seems to be something they are dedicated to taking on.”

As the head of The Harvard Crimson, Hill manages the paper’s 350 editors and 90 reporters, who’ve covered, in detail, the ongoing free speech/protests controversy and the resignation of former President Claudine Gay following her testimony to Congress.

“I think no one would dispute Harvard has work to do and progress to make,” Hill said. “I think it’s a tough sell, for me, that Harvard is uniquely in its own league in terms of intolerance of speech. That doesn’t square with what I have seen on our college campus or on other college campuses around the country. I think Harvard is held to a higher standard.”

Proposed settlement offered over financial aid allegations

FILE - The Yale University campus is in New Haven, Connecticut, on Dec. 4, 2023. A group of colleges and universities - including Yale - have agreed to settle allegations of deceptive deceptive financial aid tactics, according to a report published in The Hill.
FILE - The Yale University campus is in New Haven, Connecticut, on Dec. 4, 2023. A group of colleges and universities - including Yale - have agreed to settle allegations of deceptive deceptive financial aid tactics, according to a report published in The Hill.

A group of U.S. colleges and universities have agreed to settle a lawsuit alleging deceptive financial aid tactics, according to a report published in The Hill.

The schools would pay $284 million to plaintiffs who were enrolled full-time and received financial aid between 2003 and 2024.

The schools have denied the allegations. (April 2024)

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