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17 States Sue to Block Student Visa Rules 17 States Sue to Block Student Visa Rules
(about 13 hours later)
A Trump administration effort to force foreign college students to take in-person classes in the fall or lose their visas has prompted a high-stakes legal battle between the White House and some of America’s top universities, with 17 states and the District of Columbia joining the fray on Monday in a lawsuit that calls the policy “senseless and cruel.”A Trump administration effort to force foreign college students to take in-person classes in the fall or lose their visas has prompted a high-stakes legal battle between the White House and some of America’s top universities, with 17 states and the District of Columbia joining the fray on Monday in a lawsuit that calls the policy “senseless and cruel.”
The visa guidelines, issued a week ago, would upend months of careful planning by colleges and universities and could force many students to return to their home countries during the pandemic, where their ability to study would be severely compromised.The visa guidelines, issued a week ago, would upend months of careful planning by colleges and universities and could force many students to return to their home countries during the pandemic, where their ability to study would be severely compromised.
The confrontation comes as the White House is pushing colleges and K-12 schools to throw open their doors to students, even as a growing number decide that it’s not safe. Many universities have chosen to allow a limited number of students on campus but to teach most classes virtually — a decision that President Trump has derided as “ridiculous.” Late last week, as his annoyance with universities grew, Mr. Trump threatened their nonprofit status.The confrontation comes as the White House is pushing colleges and K-12 schools to throw open their doors to students, even as a growing number decide that it’s not safe. Many universities have chosen to allow a limited number of students on campus but to teach most classes virtually — a decision that President Trump has derided as “ridiculous.” Late last week, as his annoyance with universities grew, Mr. Trump threatened their nonprofit status.
Harvard and the Massachusetts Institute of Technology, both of which plan mostly online classes, were the first to challenge the new visa rules in court, saying they were hastily implemented in violation of federal procedures. Their lawsuit last week set up a high-stakes hearing scheduled for Tuesday afternoon, a day before the government is requiring schools to certify that students are taking in-person classes to meet the visa requirements.Harvard and the Massachusetts Institute of Technology, both of which plan mostly online classes, were the first to challenge the new visa rules in court, saying they were hastily implemented in violation of federal procedures. Their lawsuit last week set up a high-stakes hearing scheduled for Tuesday afternoon, a day before the government is requiring schools to certify that students are taking in-person classes to meet the visa requirements.
Dozens of universities have weighed in with Harvard and M.I.T., and California’s attorney general and several universities filed their own suits in federal court late last week seeking to block the directive.Dozens of universities have weighed in with Harvard and M.I.T., and California’s attorney general and several universities filed their own suits in federal court late last week seeking to block the directive.
“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 representing foreign 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 representing foreign graduate students at three California universities. “It’s temper-tantrum policymaking.”
The administration responded in court filings Monday that Immigration and Customs Enforcement has the discretion to set student visa guidance, and that just because universities don’t like the requirements doesn’t make them against the law.The administration responded in court filings Monday that Immigration and Customs Enforcement has the discretion to set student visa guidance, and that just because universities don’t like the requirements doesn’t make them against the law.
The government also pointed out that the directive allows foreign students to take more online classes than they could have a year ago, when only one virtual course was allowed. The agency had waived that requirement in March, as the pandemic swept across the country and forced college campuses to abruptly close.The government also pointed out that the directive allows foreign students to take more online classes than they could have a year ago, when only one virtual course was allowed. The agency had waived that requirement in March, as the pandemic swept across the country and forced college campuses to abruptly close.
Universities have argued that the state of emergency declared by the president in March remains in effect, so the waived visa rules should, too.Universities have argued that the state of emergency declared by the president in March remains in effect, so the waived visa rules should, too.
“The Trump administration didn’t even attempt to explain the basis for this senseless rule, which forces schools to choose between keeping their international students enrolled and protecting the health and safety of their campuses,” Maura Healey, the Massachusetts attorney general, said in a statement announcing the suit she filed Monday with 16 other states, which accuses the administration of violating the Administrative Procedure Act.“The Trump administration didn’t even attempt to explain the basis for this senseless rule, which forces schools to choose between keeping their international students enrolled and protecting the health and safety of their campuses,” Maura Healey, the Massachusetts attorney general, said in a statement announcing the suit she filed Monday with 16 other states, which accuses the administration of violating the Administrative Procedure Act.
At stake is the fate of possibly tens of thousands of students from all over the world who are enrolled in American universities this fall, where they represent both a major source of academic brainpower and a vital revenue stream for institutions that face deep financial losses in the pandemic.At stake is the fate of possibly tens of thousands of students from all over the world who are enrolled in American universities this fall, where they represent both a major source of academic brainpower and a vital revenue stream for institutions that face deep financial losses in the pandemic.
The federal guidance issued July 6 has sent students scrambling to enroll in in-person classes that are difficult to find, if they are available at all.The federal guidance issued July 6 has sent students scrambling to enroll in in-person classes that are difficult to find, if they are available at all.
Harvard Medical School’s plan to move instruction online would force students like Ayantu Temesgen of Ethiopia to return home. But the Ethiopian government last month shut down the country’s internet amid deadly civil unrest, and even if it returns, the time difference would be difficult to overcome.Harvard Medical School’s plan to move instruction online would force students like Ayantu Temesgen of Ethiopia to return home. But the Ethiopian government last month shut down the country’s internet amid deadly civil unrest, and even if it returns, the time difference would be difficult to overcome.
“If I’m back home, I won’t be able to wake up at 3 a.m. or 2 a.m. to attend my classes,” Ms. Temesgen said.“If I’m back home, I won’t be able to wake up at 3 a.m. or 2 a.m. to attend my classes,” Ms. Temesgen said.
In their lawsuits, universities and the state attorneys general suggest that the new guidance is part of a politically motivated attempt to force universities to reopen, against their better judgment of the health risks.In their lawsuits, universities and the state attorneys general suggest that the new guidance is part of a politically motivated attempt to force universities to reopen, against their better judgment of the health risks.
“The same day as the announcement of the administration’s reversal, the president of the United States made repeated public statements expressing the view that schools must reopen in the fall,” the lawsuit filed Monday by the states says, citing a tweet by the president saying, in all capital letters, “SCHOOLS MUST OPEN IN THE FALL!!!”“The same day as the announcement of the administration’s reversal, the president of the United States made repeated public statements expressing the view that schools must reopen in the fall,” the lawsuit filed Monday by the states says, citing a tweet by the president saying, in all capital letters, “SCHOOLS MUST OPEN IN THE FALL!!!”
The government said in its response that it had an interest in keeping close tabs on foreign students, and allowing them to study online and untethered from a university campus posed a security risk. “A solely online program of study provides a nonimmigrant student with enormous flexibility to be present anywhere in the United States for up to an entire academic term, whether that location has been reported to the government, which raises significant national security concerns,” it said.The government said in its response that it had an interest in keeping close tabs on foreign students, and allowing them to study online and untethered from a university campus posed a security risk. “A solely online program of study provides a nonimmigrant student with enormous flexibility to be present anywhere in the United States for up to an entire academic term, whether that location has been reported to the government, which raises significant national security concerns,” it said.
In a harbinger of how the case may fare, the Supreme Court ruled in June that the Trump administration may not immediately proceed with its plan to end a program protecting about 700,000 young immigrants known as Dreamers from deportation. In the majority opinion, Chief Justice John G. Roberts Jr. wrote that the court did not decide whether rescinding the program was sound policy, only whether “the agency complied with the procedural requirement that it provide a reasoned explanation for its action.”In a harbinger of how the case may fare, the Supreme Court ruled in June that the Trump administration may not immediately proceed with its plan to end a program protecting about 700,000 young immigrants known as Dreamers from deportation. In the majority opinion, Chief Justice John G. Roberts Jr. wrote that the court did not decide whether rescinding the program was sound policy, only whether “the agency complied with the procedural requirement that it provide a reasoned explanation for its action.”
The dispute illustrates the seismic shifts in how education is being delivered during the pandemic, and the consequences of that change. Online education has achieved new primacy even at prestigious institutions like Harvard that previously relegated it mainly to lower-status programs like extension courses.The dispute illustrates the seismic shifts in how education is being delivered during the pandemic, and the consequences of that change. Online education has achieved new primacy even at prestigious institutions like Harvard that previously relegated it mainly to lower-status programs like extension courses.
Updated July 7, 2020 Updated July 15, 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.
But the move to online learning has prompted immigration authorities to ask why, if classes can be attended from anywhere in the world, students need to be in the United States to earn their degrees.But the move to online learning has prompted immigration authorities to ask why, if classes can be attended from anywhere in the world, students need to be in the United States to earn their degrees.
“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?” the White House press secretary, Kayleigh McEnany, told reporters at a news conference last 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?” the White House press secretary, Kayleigh McEnany, told reporters at a news conference last week.
International students say this is a narrow view of what studying abroad is all about, and that being in the United States may lead to research and job opportunities that ultimately enrich the country and its economic, cultural and intellectual life.International students say this is a narrow view of what studying abroad is all about, and that being in the United States may lead to research and job opportunities that ultimately enrich the country and its economic, cultural and intellectual life.
Meeting the demands of the government’s new guidance would be extremely difficult, universities say. Just weeks before school is scheduled to begin, they would have to rejigger classes to make sure that hundreds of thousands of international students would have an in-person option.Meeting the demands of the government’s new guidance would be extremely difficult, universities say. Just weeks before school is scheduled to begin, they would have to rejigger classes to make sure that hundreds of thousands of international students would have an in-person option.
“The alternative is to lose significant numbers of students from their campuses,” the suit filed by state attorneys general says.“The alternative is to lose significant numbers of students from their campuses,” the suit filed by state attorneys general says.
The area represented by the plaintiffs contains 1,124 colleges and universities, with some approximately 373,000 international students enrolled in 2019, who contributed an estimated $14 billion to the economy that year, according to the complaint.The area represented by the plaintiffs contains 1,124 colleges and universities, with some approximately 373,000 international students enrolled in 2019, who contributed an estimated $14 billion to the economy that year, according to the complaint.
About 40 higher education institutions filed declarations in support of the lawsuit, including Yale, DePaul, the University of Chicago, Tufts, Rutgers and state universities in Illinois, Maryland, Massachusetts, Minnesota and Wisconsin.About 40 higher education institutions filed declarations in support of the lawsuit, including Yale, DePaul, the University of Chicago, Tufts, Rutgers and state universities in Illinois, Maryland, Massachusetts, Minnesota and Wisconsin.
Dan Levin contributed reporting.Dan Levin contributed reporting.