Thread by @ReichlinMelnick

This is bad. ICE just told students here on student visas that if their school is going online-only this fall, the students must depart the United States and cannot remain through the fall semester. ice.gov/news/releases/…

Some important context for this. ICE actually runs a major portion of the student visa program, what's called the "Student and Exchange Visitor Program (SEVP)." So oddly enough it's ICE, not US Citizenship and Immigration Services, that sets rules for students.

Under the rule ICE announced today, schools like Harvard wouldn't lose tuition from students forced to leave the United States. Students could "attend" classes virtually—in their home country.

But if the choice is stay at Harvard or leave the US... many will choose to transfer.

Lots of people are asking whether schools could adopt some form of hybrid system where they only hold a tiny fraction of classes on campus, and the answer is, it depends. Here's what ICE says on "hybrid" models, with some in-person classes and some online.

And of course, as @AbayaMiriam points out, many foreign students come from countries where internet connections might be very spotty, or where US classes might be held in the middle of the night local time. Just going home won't work for those students.

https://twitter.com/AbayaMiriam/status/1280211711379804161

Another great point as to why students may not be able to attend classes in their home countries. Many of the resources that professors will rely on for online-only curricula are not available in every country. Some students could be locked out of tech.

https://twitter.com/Mahmud_writer/status/1280214114292252672

ICE does say students, rather than leave, could "take alternative steps ... such as a reduced course load or appropriate medical leave."

But RCL is only available for:
- Academic difficulties;
- Medical conditions; and
- Completion of a course of study.

It won't apply for most.

Another major problem is that many countries have blocked travel from the United States right now—because we're a COVID hotspot.

It's unclear how many countries applies those rules to their own citizens, but some definitely do. What are those students suppose to do?

A couple final things to add to this thread.

First, current regulations already blocked online-only course work, so ICE will place the blame there. But @DHSgov could have chosen to amend those regulations given the unprecedented emergency we find ourselves in. They chose not to.

Second, this is almost certainly going to be challenged in court. I can't give anyone specific legal advice on their cases (especially because I am not an expert on student visas), but I wouldn't encourage anyone to book a flight "home" this exact moment. Lawsuits are inevitable.

Finally, take today's decision to kick students out of the US if their school goes online-only into context with other recent attacks on legal immigration in the name of COVID.

Just last week Trump expanded a ban on most legal immigration through Dec. 31.
immigrationimpact.com/2020/06/23/leg…

Making matters worse, within less than 30 days, @USCIS, the agency which administers the entire US legal immigration system, is set to run out of money... and the Trump administration has yet to submit a formal request to Congress for emergency funds. cbsnews.com/news/uscis-fun…

We @immcouncil wrote a special report on every major policy change that's happened since the pandemic began, and we'll update it ASAP with this new decision on student visas.

Our report reveals extensive changes across the entire immigration system.

americanimmigrationcouncil.org/research/impac…