More and more U.S. colleges and universities are announcing their plans to file lawsuits or to join other institutions to file federal lawsuits against the ICE (U.S. Immigration and Customs Enforcement). Harvard and MIT (Massachusetts Institute of Technology) took the very first action filing the lawsuit on Wednesday, July 8th followed by the California State University system and the state’s community colleges’ lawsuit on the next day. The lawsuit against the Trump administration’s temporary exemptions- banning the entry to and remaining in the United States of F visa students who take fully online classes – by the California State is the first state-initiated lawsuit on SEVP’s recent updates. It also marks University of California (UC)’s second lawsuit against DHS (Department of Homeland Security) while it is California’s the 86th lawsuit against President Donald Trump. In this blog post, what are the reasons that two best colleges and one of the largest state university systems filed lawsuits aㅇgainst ICE rules and what they asked for will be discussed along with some quotes from Presidents and American universities’ Instagram posts regarding the recent SEVP policy.
Related blog post 1: 100% online school students can’t enter the U.S. for Fall 2020
Related blog post 2: SEVP updates on online classes and F students FAQ
Contents
- Closer look at the Harvard, MIT, UC’s lawsuits against ICE rules
- Quotes about the ICE’s SEVP updates
- Instagram examples that shows universities’ commitment to take legal action
Closer look at the Harvard, MIT and UC’s lawsuits against ICE rules
The California State University System had announced their plans in May to continue to offer remote learning for Fall 2020. Similarly, Harvard and MIT were planning to open the campus for the incoming semester, but only for a small subset of an entire student body. The fact that they have planned their Fall academic plans in advance is one of the reasons that they sued the four defendants:
- United States Department of Homeland Security
- United States Immigration and Customs Enforcement is a division of the United States Department of Homeland Security
- Chad F. Wolf, who is the Acting Secretary of the United States Department of Homeland Security
- Matthew Albence, who is the Acting Director of United States Immigration and Customs Enforcement
Harvard and MIT also highlighted how important it is to ensure public safety in the face of COVID-19 pandemic and how ICE fails to recognize its seriousness on the lawsuit filed in U.S. District Court in Boston. University of California also urged “that ICE failed to follow the Administrative Procedure Act and failed to consider both the University’s and students’ reliance interests when it barred international students from attending universities that only offer online courses during the ongoing health crisis.” In the same light, Harvard and MIT asked the following:
- A temporary restraining order and preliminary and permanent injunctive relief preventing Defendants from enforcing the policy announced in ICE’s July 6 Directive, or promulgating it as a Final Rule;
- An order vacating and setting aside the policy announced in the July 6 Directive and reinstating the March 13 Guidance;
- A declaration that the policy announced in the July 6 Directive is unlawful;
- An order awarding Plaintiffs their costs and attorney’s fees; and
- Any and all other such relief as the Court may deem appropriate.
Quotes about the ICE’s SEVP updates
The announcement disrupts our international students’ lives and jeopardizes their academic and research pursuits. ICE is unable to offer the most basic answers about how its policy will be interpreted or implemented. And the guidance comes after many US colleges and universities either released or are readying their final decisions for the fall – decisions designed to advance their educational mission and protect the health and safety of their communities.
MIT President L. Rafael Reif from MIT action in response to new ICE rule on online learning
Our international students now have many questions – about their visas, their health, their families and their ability to continue working toward an MIT degree. Unspoken, but unmistakable, is one more question: Am I welcome?
At MIT, the answer, unequivocally, is yes.
“It is illegal, unnecessary and callous,” “UC will fight this blatant disregard for the law and public health with all the legal means at our disposal.”
University of California President Janet Napolitano in UC poised to sue federal government over new visa policy for international students
“Immediately after the Fourth of July weekend, ICE threw Harvard and MIT— indeed, virtually all of higher education in the United States—into chaos,” (ICE’s action) “leaves hundreds of thousands of international students with no educational options within the United States“
The suit filed in U.S. District Court in Boston from Harvard, MIT and Northeastern Sue Feds Over Rules Barring International Students
