The Leaders of Harvard University and the Massachusetts Institute of Technology are now Asking the Federal Courts to Block the Trump Administration’s Ban on International Students from being in the U.S. to Attend the Cambridge Institutions because most Classes will be held Online this Fall.
In a Lawsuit filed Wednesday, July 7th, in U.S. District Court in Boston, the Universities are seeking a Temporary Restraining Order that would put the Immigration and Customs Enforcement (ICE) Policy On-Hold for 14 days. In Court Papers, the Universities said they Relied on the Department of Homeland Security (DHS) Policy from March 2020 that allowed Foreign Students in the U.S. to Remain and to Allow New Students to Arrive this Fall.
But the Trump Administration issued New Rules, Monday, July 6th, Banning Foreign Students from the U.S. if Classes are being held Mostly On-Line.
“If allowed to stand, ICE’s policy would bar hundreds of thousands of international students at American universities from the United States in the midst of their undergraduate or graduate studies,” the Schools wrote in the Court Papers. “ICE’s decision reflects a naked effort by the federal government to force universities to reopen all in-person classes notwithstanding their informed judgment that it is neither safe nor advisable to do so. The effect — perhaps even the goal — is to create chaos for schools and international students alike.”
The Universities have asked the Federal Court to Schedule a Hearing on their Request while they Push for the Courts to Permanently Block the Order from taking effect.
There are 77,000 International Students with Active U.S. Study Visas in Massachusetts and another 32,000 in the rest of New England. The State ranks Fourth Nationwide for its Number of Foreign Students, and Northeastern University, with 16,000, Ranks Third in the Country. California has the Most Foreign Students with 185,000.
In Court Papers, Harvard and MIT said that for some Students, like those from Somalia and Ethiopia, they Cannot attend Classes On-Line in their Home Countries because Civil Unrest makes Internet Access unlikely at best. Some Students Face “conditions of social unrest, economic instability, or other threats to their continued safety” if Forced to return Home. “Others might be drafted in their home countries, might face threats or abuse based on their sexual orientation, or might not be able to access mental health treatments,” the Universities argued.
The Universities also Insisted the Administration’s Abrupt Change in Policy was in Violation of Federal Law and contended the Students would suffer Irreparable Harm if the Rule is Allowed to Remain in Place.
“The harm to Plaintiffs and their students from denying a temporary restraining order pending consideration of the issues far outweighs the government’s interest in going back on its word due to its single-minded desire to deny the pandemic conditions and reopen everything, no matter the health risk,” according to Court Papers. “The Directive is also contrary to the public interest because it arbitrarily and capriciously hinders universities’ efforts to reduce the chance of community spread of COVID-19.”
UPDATE
California Officials on Thursday, July, 9th, 2020, said they intend to file a Lawsuit against the Trump Administration to Block it from Forcing Out International Students whose Schools in the U.S. move their Courses Online because of the Coronavirus Pandemic.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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