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AG Mark Herring Fights to Protect International Students Against DOE’s New Illegal Visa Rule


From AG Mark Herring’s office:

~ Herring joins multistate lawsuit seeking nationwide injunction against new visa rule that imposes significant harms on students, schools, and economy; new rule is a dramatic and illegal reversal from previous guidance ~

RICHMOND (July 13, 2020) – Attorney General Mark R. Herring today joined a coalition of 18 attorneys general in filing a lawsuit to stop a new federal rule that threatens to bar hundreds of thousands of international students from studying in the United States. More than 13,500 international students currently study in Virginia

The lawsuit, filed in the U.S. District Court in Massachusetts against the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE), challenges what the attorneys general call the federal government’s “cruel, abrupt, and unlawful action to expel international students amidst the pandemic that has wrought death and disruption across the United States.” Today’s lawsuit seeks an injunction to stop the entire rule from going into effect.

“President Trump and Secretary DeVos are trying to leverage international students as part of an unlawful and dangerous attempt to strong-arm Virginia colleges and universities,” said Attorney General Herring. “Virginia’s colleges and universities are globally prestigious destinations for higher education, but instead of looking for ways to support our schools, the Trump Administration is trying to co-opt them into a never ending quest to deny the realities of COVID and demonize immigrants. Our Commonwealth is better for the presence and contributions of international students to our economy and campus communities, and I will do all I can to fight this hasty, dangerous new rule.”

Attorney General Herring’s lawsuit challenges an abrupt policy change by ICE to reverse guidance issued on March 13 that recognized the COVID-19 public health emergency, provided flexibility for schools, and allowed international students with F-1 and M-1 visas to take classes online for the duration of the emergency. On July 6, ICE announced that international students can no longer live in the United States and take all of their classes online during the pandemic, upending months of careful planning by colleges and universities to limit in-person instruction in favor of remote learning and adapt their coursework for the fall semester, and leaving thousands of students with no other choice but to leave the country.

ICE further demanded that educational institutions advise the federal government by July 15 whether they intend to offer only remote courses in the fall semester, and to certify by August 4 for each of the institutions’ international students that the student’s upcoming coursework this fall will be in person or a “hybrid” of in-person and online learning in order to maintain their visa status. This demand comes not only amidst an ongoing nationwide emergency, but also at a time when many faculty, staff, and students are not on campus and may not even be in the country; students may not even have registered for their classes for the fall; and schools and individual teaching staff members may not yet have determined whether their classes will be held remotely, in person, or a combination.

The lawsuit details the substantial harms that the new rule places on schools and students. It also alleges that the federal government’s actions are arbitrary, capricious, and an abuse of discretion because they reversed previous guidance without explanation, input, or rationale – in violation of the Administrative Procedure Act – and failed to consider the need to protect public health and safety amidst the ongoing COVID-19 pandemic.

Attorney General Herring and his colleagues argue the new rule and abrupt reversal of the previous guidance threatens their states in a number of ways:

  • Fails to consider the health and safety of students, faculty, and staff;
  • Fails to consider the tremendous costs and administrative burden it would impose on schools to readjust plans and certify students;
  • Fails to consider that, for many international students, remote learning in their home countries is not possible;
  • Imposes significant financial harm to schools, as international students pay hundreds of millions of dollars in tuition, housing, dining, and other fees;
  • Imposes harm to schools’ academic, extracurricular, and cultural communities, as international students contribute invaluable perspectives and diverse skillsets; and
  • Forces colleges and universities to offer in-person classes amid a pandemic or lose significant numbers of international students who will either have to leave the country, transfer, or disenroll from the school.

The lawsuit also alleges the new rule imposes significant economic harm by precluding thousands of international students from coming to and residing in the United States and finding employment in fields such as science, technology, biotechnology, healthcare, business and finance, and education, and contributing to the overall economy.

Today’s lawsuit also includes 40 declarations from a variety of institutions affected by the new rule.

Joining Attorney General Herring in filing today’s lawsuit are the attorneys general of Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, and Wisconsin.


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