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Thousands of international students who are attending US schools will have to leave the country or risk deportation if their universities switch to online-only courses, according to a press release from the Immigration and Customs Enforcement (ICE).
“Active students currently in the United States enrolled in such programs must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status,” ICE’s release said. “If not, they may face immigration consequences including, but not limited to, the initiation of removal proceedings.”
The rule applies to holders of F-1 and M-1 nonimmigrant visas, which allow nonimmigrant students to pursue academic and vocational coursework, respectively.
More than 1 million of the country's higher education students come from overseas, according to the nonprofit Institute of International Education.
The top 10 sending places of origin and percentage of total foreign student enrollment are: China, India, South Korea, Saudi Arabia, Canada, Brazil, Taiwan, Japan, Vietnam, and Mexico. China alone has about 370,000 students studying in the US.
Many universities are considering a move to online courses as a strategy to prevent the spread of the coronavirus pandemic.
"We think this is going to create more confusion and more uncertainty," said Brad Farnsworth, vice president of the American Council on Education, which represents about 1,800 colleges and universities. "What we were hoping to see was more appreciation for all the different possible nuances that campuses will be exploring."
Nine percent of colleges are planning for a fully online fall semester, 24 percent are proposing a hybrid model, and 60 percent are planning for an in-person fall semester, according to The Chronicle of Higher Education.
The same day ICE issued its announcement, Harvard University announced that all its classes will be online this coming semester.
ICE's announcement shifts away from the exceptions put in place during the spring and summer terms, which allowed international students residing in the U.S. to take a fully online course load as colleges transitioned to online instruction in response to the coronavirus pandemic.
The American Council on Education, a higher education lobbying group, also condemned the rule change in a statement issued Monday afternoon.
"At a time when institutions are doing everything they can to help reopen our country, we need flexibility, not a big step in the wrong direction," wrote ACE President Ted Mitchell. "ICE should allow any international student with a valid visa to continue their education regardless of whether a student is receiving his or her education online, in person, or through a combination of both, whether in the United States or in their home country, during this unprecedented global health crisis."
More than 90 percent of international students chose to remain stateside in the spring, according to a survey by the Institute for International Education. Should the pandemic worsen, as Trump's own health advisor Dr. Anthony Fauci has suggested, the new rule would not allow such flexibility for those students.
Most schools were caught by surprise by the ICE announcement and are still trying to how to respond or adjust to the directive.
“ICE’s announcement is perplexing, given that some degree of remote instruction is necessary for colleges and universities to protect the safety and well-being of their communities and the public at large, while still allowing students to continue their studies," said University of California President Janet Napolitano. "Challenges and uncertainty related to COVID-19 are already weighing heavily on students; now is the worst time to burden them further with anxiety.
“UC will assess fully how these changes will affect our campuses and our international students. However, this much is abundantly clear: The Trump administration’s latest actions impacting international students."
California State UniversityChancellor Timothy White announced in May that the university's classes would remain primarily online during the fall term due to the pandemic. However, he said limited exceptions would be made for "in-person activities that cannot be delivered virtually, are indispensable to the university's core mission and can be conducted within the rigorous standards of safety and welfare."
Most schools were caught by surprise by the ICE announcement and are still trying to how to respond or adjust to the directive.
“ICE’s announcement is perplexing, given that some degree of remote instruction is necessary for colleges and universities to protect the safety and well-being of their communities and the public at large, while still allowing students to continue their studies," said University of California President Janet Napolitano. "Challenges and uncertainty related to COVID-19 are already weighing heavily on students; now is the worst time to burden them further with anxiety.
“UC will assess fully how these changes will affect our campuses and our international students. However, this much is abundantly clear: The Trump administration’s latest actions impacting international students."
California State UniversityChancellor Timothy White announced in May that the university's classes would remain primarily online during the fall term due to the pandemic. However, he said limited exceptions would be made for "in-person activities that cannot be delivered virtually, are indispensable to the university's core mission and can be conducted within the rigorous standards of safety and welfare."
"We are currently reviewing the new guidance to determine how to reduce impacts to students and will provide information to campuses and students in the near future. The Chancellor's Office is currently working with individual campuses to re-review online and in-person offerings to determine if they meet the new ICE directives," CSU said in a statement.
"At a time when institutions are doing everything they can to help reopen our country, we need flexibility, not a big step in the wrong direction," wrote ACE President Ted Mitchell. "ICE should allow any international student with a valid visa to continue their education regardless of whether a student is receiving his or her education online, in person, or through a combination of both, whether in the United States or in their home country, during this unprecedented global health crisis."
Following is the press release ICE released Monday:
WASHINGTON – The Student and Exchange Visitor Program (SEVP) announced modifications Monday to temporary exemptions for nonimmigrant students taking online classes due to the pandemic for the fall 2020 semester. The U.S. Department of Homeland Security plans to publish the procedures and responsibilities in the Federal Register as a Temporary Final Rule.
Temporary exemptions for the fall 2020 semester include:
- Nonimmigrant F-1 and M-1 students attending schools operating entirely online may not take a full online course load and remain in the United States. The U.S. Department of State will not issue visas to students enrolled in schools and/or programs that are fully online for the fall semester nor will U.S. Customs and Border Protection permit these students to enter the United States. Active students currently in the United States enrolled in such programs must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status. If not, they may face immigration consequences including, but not limited to, the initiation of removal proceedings.
- Nonimmigrant F-1 students attending schools operating under normal in-person classes are bound by existing federal regulations. Eligible F students may take a maximum of one class or three credit hours online.
- Nonimmigrant F-1 students attending schools adopting a hybrid model—that is, a mixture of online and in person classes—will be allowed to take more than one class or three credit hours online. These schools must certify to SEVP, through the Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” certifying that the program is not entirely online, that the student is not taking an entirely online course load this semester, and that the student is taking the minimum number of online classes required to make normal progress in their degree program. The above exemptions do not apply to F-1 students in English language training programs or M-1 students pursing vocational degrees, who are not permitted to enroll in any online courses.
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. 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.
Due to COVID-19, SEVP instituted a temporary exemption regarding online courses for the spring and summer semesters. This policy permitted nonimmigrant students to take more online courses than normally permitted by federal regulation to maintain their nonimmigrant status during the COVID-19 emergency.
F-1 nonimmigrant students pursue academic coursework and M-1 nonimmigrant students pursue vocational coursework while studying in the United States.
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