Chinese students and researchers visa ban by Trump

It is no secret that The Trump Administration has initiated political actions to restrict OPT (Optional Practical Training) opportunities for Chinese students. One of the main accusations against Chinese OPT participants is that they are stealing military related information and skills from the United States. While OPT restriction proposal is still in progress, the immigration order, Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China was proclaimed on May 29. Three days later, United States Secretary of State, Michael R. Pompeo also published a press statement titled U.S. Limits the People’s Liberation Army’s Ability to Use Nonimmigrant Visa Programs to Illicitly Acquire U.S. Technologies and Intellectual Property. To summarize the immigration order, from June 1, Chinese students in Master’s and above as well as researchers who intend to study or research Military-civil fusion strategy (军民融合)- related knowledge and skills are banned to obtain F and/or J visas, thereafter, cannot enter the United States. It is not known how exactly this will be in effect yet, as the term “Military-civil” is not elaborated. This post will cover what the order is about in detail, and who will be affected by looking at the original document of the immigration order. In addition, the post will look at the statement by one of the biggest International Education Associations, NAFSA; Association of International Educators titled International Education Grows Concerned about Latest Executive Action to Restrict Chinese Students & Scholars to see how U.S. is taking this “Chinese students and researchers visa ban” news.

Contents

• Background of the immigration order
• Targeted groups
• How international educators are taking the order

Background of Chinese students and researchers visa ban

The PRC (The People’s Republic of China)’s acquisition of sensitive United States technologies and intellectual property to modernize its military is a threat to our Nation’s long-term economic vitality and the safety and security of the American people.

Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China

If this order has to be put in one word, it will be “national security.” The proclamation states that the reason behind this order is their concerns about “intellectual property,” which has been collected by mostly Chinese post-graduate students and post-doctorate researchers for the Chinese government. It is very similar to why they had proposed to suspend OPT for Chinese students back in 2018. United States Senator Tom Cotton worried about OPT being abused in a way that Chinese international students bring America’s skills and knowledge back to China after they study and earn experiences in the United States. To their view, Chinese nationals who enter the U.S. to specifically study and/or research about “military-civil fusion strategy” is “detrimental to the interests of the United States” and therefore “their entry should be subject to certain restrictions, limitations and exceptions.” In the U.S. Department of State’s press statement, United States Secretary of State, Michael R. Pompeo anticipates that the number of Chinese nationals who will be affected by this order is going to be “a small subset of Chinese student and research visa applicants.”

Our concern is with the malign actions of the Chinese Communist Party and specific individuals, not with the Chinese people. The graduate students and researchers who are targeted, co-opted, and exploited by the PRC government for its military gain represent a small subset of Chinese student and researcher visa applicants coming to the United States.

U.S. Limits the People’s Liberation Army’s Ability to Use Nonimmigrant Visa Programs to Illicitly Acquire U.S. Technologies and Intellectual Property

Targeted Groups

Starting from June 1st, 12:00 PM, the entry into the United States as Chinese non immigrant visa applicants who…

• is seeking to enter the United States pursuant to an F or J visa
• to study or conduct research in the United States, except for a student seeking to pursue undergraduate study
• and if the individual’s academic or research activities are likely to support the Chinese Communist Party’s “military-civil fusion’ strategy.

will be suspended and limited, according to the proclamation. The proclamation will remain in effect until terminated by the President. One of the interesting things about this “Chinese students and researchers visa ban” order is that it regulates not only new nonimmigrant visa applicants but also existing nonimmigrant programs here in the United States. The order urges the Secretary of State and the Secretary of Homeland Security to review nonimmigrant and immigrant programs in the goal of mitigating risks of loosing “sensitive United States technologies and intellectual property.” The Secretary of State and the Secretary of Homeland Security have 60 days to plan and execute actions.

How international educators are taking the order

Right after the President Trump issued a presidential proclamation suspending the entry of graduate and post-graduate level students and researchers from China whose study or research contributes to Chinese “military-civil fusion strategy,” NAFSA; Association of International Educators expressed their concerns on their website. On the statement, it is noted that its effects to international education and vital research cooperation is troubling. International educators seemed worried about its chilling effect to prospective Chinese students who consider to study abroad. President’s proclamation like this “send the wrong message” to students to feel un-welcomed and may choose other countries as their study abroad destination who are considered competitors of the U.S. NAFSA concluded its statement by saying “we will continue to make the case that openness and a welcoming posture further enhances our institutions and the United States.”

Policies should be carefully crafted to protect national security, without extinguishing the spark of innovation. Sweeping policies can have the disastrous impact of fueling discrimination.

International Education Grows Concerned about Latest Executive Action to Restrict Chinese Students & Scholars

To sum, in the goal of keeping and developing military related intellectual property of the United States, the Trump Administration announced that the entry of Chinese post- graduate level students and researchers whose study or research about “Military-civil fusion strategy” will be suspended or limited. As it is written in the proclamation, we will get to hear and see more details about how current programs and students will be affected within 60 days from June 1. It is my hope that no one is forced to be expelled from where they have lived while leaving what they have put lots of efforts.