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As Universities Seek to Block Visa Rules, Trump Threatens Tax Status As Universities Seek to Block Visa Rules, Trump Threatens Tax Status
(4 days later)
A battle between the Trump administration and some of America’s top universities escalated on Friday, with Harvard and the Massachusetts Institute of Technology seeking a court order to protect foreign students from losing their visas, and the president threatening the tax-exempt status of institutions that he claimed indoctrinate students.A battle between the Trump administration and some of America’s top universities escalated on Friday, with Harvard and the Massachusetts Institute of Technology seeking a court order to protect foreign students from losing their visas, and the president threatening the tax-exempt status of institutions that he claimed indoctrinate students.
After a brief virtual hearing, a federal judge in Boston put off a decision Friday on the universities’ challenge to new federal rules that would revoke the visas of foreign students studying entirely online this fall, and set another hearing for Tuesday.After a brief virtual hearing, a federal judge in Boston put off a decision Friday on the universities’ challenge to new federal rules that would revoke the visas of foreign students studying entirely online this fall, and set another hearing for Tuesday.
Lawyers for the two universities argued in court papers that the new rules from Immigration and Customs Enforcement, which require students to take at least one in-person class for their F-1 student visas to remain valid, would cruelly and recklessly upend the lives of tens of thousands of international students and threaten public health.Lawyers for the two universities argued in court papers that the new rules from Immigration and Customs Enforcement, which require students to take at least one in-person class for their F-1 student visas to remain valid, would cruelly and recklessly upend the lives of tens of thousands of international students and threaten public health.
The rules were issued Monday, after many if not most colleges and universities across the country announced reopening plans that had been months in the making. Johns Hopkins in Baltimore and universities in California have also sued the administration, and several others have indicated that they intend to support the legal efforts.The rules were issued Monday, after many if not most colleges and universities across the country announced reopening plans that had been months in the making. Johns Hopkins in Baltimore and universities in California have also sued the administration, and several others have indicated that they intend to support the legal efforts.
“The president is using foreign students as pawns to keep all schools open, no matter the cost to the health and well-being of these students and their communities,” said Mark Rosenbaum, a lawyer with Public Counsel, a legal aid organization in Los Angeles that filed a lawsuit Friday on behalf of graduate students at three California universities. “It’s temper-tantrum policymaking.”“The president is using foreign students as pawns to keep all schools open, no matter the cost to the health and well-being of these students and their communities,” said Mark Rosenbaum, a lawyer with Public Counsel, a legal aid organization in Los Angeles that filed a lawsuit Friday on behalf of graduate students at three California universities. “It’s temper-tantrum policymaking.”
William F. Lee, the lawyer for Harvard and M.I.T., told the judge in the case that it was important to have a decision by Wednesday, because that is when the government is requiring schools to certify that students are taking in-person classes to meet the visa requirements — “nine days after the change was announced,” the universities’ court papers note.William F. Lee, the lawyer for Harvard and M.I.T., told the judge in the case that it was important to have a decision by Wednesday, because that is when the government is requiring schools to certify that students are taking in-person classes to meet the visa requirements — “nine days after the change was announced,” the universities’ court papers note.
Shortly after the hearing, President Trump tweeted that he was ordering the Treasury Department to re-examine the tax-exempt status and funding of universities, saying too many “are about Radical Left Indoctrination, not Education.”Shortly after the hearing, President Trump tweeted that he was ordering the Treasury Department to re-examine the tax-exempt status and funding of universities, saying too many “are about Radical Left Indoctrination, not Education.”
Federal law prohibits the Internal Revenue Service, part of the Treasury Department, from scrutinizing tax-exempt organizations “based on their ideological beliefs.”Federal law prohibits the Internal Revenue Service, part of the Treasury Department, from scrutinizing tax-exempt organizations “based on their ideological beliefs.”
In recent days, Mr. Trump has shown mounting displeasure with both K-12 schools and universities, pushing them to hold in-person classes as usual this fall and even threatening to withhold federal money if they do not, although he has little power to do so.In recent days, Mr. Trump has shown mounting displeasure with both K-12 schools and universities, pushing them to hold in-person classes as usual this fall and even threatening to withhold federal money if they do not, although he has little power to do so.
In the hearing Friday, Judge Allison D. Burroughs of the United States District Court for Massachusetts said the idea that the students could be irreparably harmed, as well as the interests of society in the outcome, were fairly clear, leaving her basically to consider legal arguments on how likely the case was to succeed when deciding whether to issue a restraining order.In the hearing Friday, Judge Allison D. Burroughs of the United States District Court for Massachusetts said the idea that the students could be irreparably harmed, as well as the interests of society in the outcome, were fairly clear, leaving her basically to consider legal arguments on how likely the case was to succeed when deciding whether to issue a restraining order.
She said she was waiting to hear the government’s arguments on those legal arguments, and she asked other parties that might be filing briefs in support of the universities to keep their arguments short.She said she was waiting to hear the government’s arguments on those legal arguments, and she asked other parties that might be filing briefs in support of the universities to keep their arguments short.
“My gut on it is that the big-ticket item here is going to be a likelihood of success on the merits,” said Judge Burroughs, who was nominated to the federal bench by former President Barack Obama.“My gut on it is that the big-ticket item here is going to be a likelihood of success on the merits,” said Judge Burroughs, who was nominated to the federal bench by former President Barack Obama.
The universities noted in court papers that the national emergency that President Trump declared on March 13 for the pandemic was still in effect, with the number of coronavirus cases in the United States having passed three million this week.The universities noted in court papers that the national emergency that President Trump declared on March 13 for the pandemic was still in effect, with the number of coronavirus cases in the United States having passed three million this week.
The administration directive on visas, the university lawyers argued, “has the hallmarks of a politically motivated maneuver” to force universities to hold in-person classes “without regard to the public health judgment of the schools and experts about whether that is safe for students, faculty and staff.”The administration directive on visas, the university lawyers argued, “has the hallmarks of a politically motivated maneuver” to force universities to hold in-person classes “without regard to the public health judgment of the schools and experts about whether that is safe for students, faculty and staff.”
Harvard and M.I.T. want to welcome students back to campus, the court papers said, but had determined that “it is not yet prudent to do so.” Harvard announced Monday that its undergraduate courses would be entirely online, although some students would be invited back to campus. M.I.T. has said that most of its courses would be taught online.Harvard and M.I.T. want to welcome students back to campus, the court papers said, but had determined that “it is not yet prudent to do so.” Harvard announced Monday that its undergraduate courses would be entirely online, although some students would be invited back to campus. M.I.T. has said that most of its courses would be taught online.
“Because higher education institutions do not exist in a vacuum, an outbreak at one poses a threat to the health and safety of everyone in the surrounding community,” the universities said in court papers.“Because higher education institutions do not exist in a vacuum, an outbreak at one poses a threat to the health and safety of everyone in the surrounding community,” the universities said in court papers.
Although the government has not yet responded in court, the White House press secretary, Kayleigh McEnany, defended the administration’s actions at a news conference earlier this week.Although the government has not yet responded in court, the White House press secretary, Kayleigh McEnany, defended the administration’s actions at a news conference earlier this week.
“You don’t get a visa for taking online classes from, let’s say, University of Phoenix. So why would you if you were just taking online classes, generally?” she told reporters, adding, “Perhaps the better lawsuit would be coming from students who have to pay full tuition with no access to in-person classes to attend.”“You don’t get a visa for taking online classes from, let’s say, University of Phoenix. So why would you if you were just taking online classes, generally?” she told reporters, adding, “Perhaps the better lawsuit would be coming from students who have to pay full tuition with no access to in-person classes to attend.”
Updated July 7, 2020
The coronavirus can stay aloft for hours in tiny droplets in stagnant air, infecting people as they inhale, mounting scientific evidence suggests. This risk is highest in crowded indoor spaces with poor ventilation, and may help explain super-spreading events reported in meatpacking plants, churches and restaurants. It’s unclear how often the virus is spread via these tiny droplets, or aerosols, compared with larger droplets that are expelled when a sick person coughs or sneezes, or transmitted through contact with contaminated surfaces, said Linsey Marr, an aerosol expert at Virginia Tech. Aerosols are released even when a person without symptoms exhales, talks or sings, according to Dr. Marr and more than 200 other experts, who have outlined the evidence in an open letter to the World Health Organization.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles.
A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico.
The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.
The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
Some one million international students study in the United States each year. Immigrant advocates say that together with delays in processing visas as a result of the pandemic, the new visa rules, which must still be finalized this month, might discourage many overseas students from attending American universities, where they often pay full tuition.Some one million international students study in the United States each year. Immigrant advocates say that together with delays in processing visas as a result of the pandemic, the new visa rules, which must still be finalized this month, might discourage many overseas students from attending American universities, where they often pay full tuition.
Between them, Harvard and M.I.T. have 9,000 international students, some of whom come from countries like Syria, “where civil war and an ongoing humanitarian crisis make internet access and study all but impossible,” the universities said in their request for a court order. Others come from Ethiopia, “where the government has a practice of suspending all internet access for extended periods, including presently.”Between them, Harvard and M.I.T. have 9,000 international students, some of whom come from countries like Syria, “where civil war and an ongoing humanitarian crisis make internet access and study all but impossible,” the universities said in their request for a court order. Others come from Ethiopia, “where the government has a practice of suspending all internet access for extended periods, including presently.”
If the government rules are enforced, the universities said, international students “must abandon housing arrangements they have made, breach leases, pay exorbitant airfares and risk Covid-19 infection on transoceanic flights. And if their departure is not timely, they risk detention by immigration authorities and formal removal from the country that may bar their return to the United States for 10 years.”If the government rules are enforced, the universities said, international students “must abandon housing arrangements they have made, breach leases, pay exorbitant airfares and risk Covid-19 infection on transoceanic flights. And if their departure is not timely, they risk detention by immigration authorities and formal removal from the country that may bar their return to the United States for 10 years.”
The universities noted that the Trump administration was reversing an earlier emergency decision, issued in March as the coronavirus outbreak forced the closure of campuses across the country. Then, ICE said students holding F-1 visas could attend remote classes while retaining their visa status, and made clear that this arrangement was “in effect for the duration of the emergency,” the universities said.The universities noted that the Trump administration was reversing an earlier emergency decision, issued in March as the coronavirus outbreak forced the closure of campuses across the country. Then, ICE said students holding F-1 visas could attend remote classes while retaining their visa status, and made clear that this arrangement was “in effect for the duration of the emergency,” the universities said.
The Massachusetts attorney general said this week that she would support Harvard and M.I.T.’s efforts to overturn the government’s new rules, and other universities, immigrant advocate groups and state attorneys general also said they planned to get involved, either filing briefings in support of Harvard and M.I.T. or their own lawsuits.The Massachusetts attorney general said this week that she would support Harvard and M.I.T.’s efforts to overturn the government’s new rules, and other universities, immigrant advocate groups and state attorneys general also said they planned to get involved, either filing briefings in support of Harvard and M.I.T. or their own lawsuits.
Late Thursday, California filed its own lawsuit seeking a preliminary injunction against the Trump rules from the U.S. District Court for Northern California. The state, home to the largest population of international students in the country, called the administration’s policy change “cruel” and “absurd” and said that the government had failed to follow the legal procedure for notice and comment required before implementing new rules.Late Thursday, California filed its own lawsuit seeking a preliminary injunction against the Trump rules from the U.S. District Court for Northern California. The state, home to the largest population of international students in the country, called the administration’s policy change “cruel” and “absurd” and said that the government had failed to follow the legal procedure for notice and comment required before implementing new rules.
About 185,000 international students are enrolled in California’s public and state universities.About 185,000 international students are enrolled in California’s public and state universities.
“Shame on the Trump administration for risking not only the education opportunities for students who earned the chance to go to college, but now their health and well-being as well,” said the state’s attorney general, Xavier Becerra.“Shame on the Trump administration for risking not only the education opportunities for students who earned the chance to go to college, but now their health and well-being as well,” said the state’s attorney general, Xavier Becerra.
On Friday, Johns Hopkins also filed suit, saying that the administration was undercutting the university’s ability to protect “the health and safety of its students, faculty, and staff according to its own best judgment, as informed by its up-to-the-minute, world-leading expertise and data.”On Friday, Johns Hopkins also filed suit, saying that the administration was undercutting the university’s ability to protect “the health and safety of its students, faculty, and staff according to its own best judgment, as informed by its up-to-the-minute, world-leading expertise and data.”