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What Is Known about ICE’s Rule Change for Foreign Students

FILE - Students walk near the Widener Library in Harvard Yard at Harvard University in Cambridge, Mass., Aug. 13, 2019.
FILE - Students walk near the Widener Library in Harvard Yard at Harvard University in Cambridge, Mass., Aug. 13, 2019.

U.S. Immigration and Customs Enforcement (ICE) announced this week that international students enrolled in U.S. colleges and universities that switch to online-only courses will have to leave the country or risk deportation. Here’s an overview of what is known about the most recent changes to the Student and Exchange Visitor Program during the pandemic.

How many colleges and universities are planning online-only classes?

Nine percent of 1,090 U.S. universities -- or 98 institutions -- are planning for a fall semester exclusively online, according to the Chronicle for Higher Education, which since March has been tracking which colleges and universities will teach online, in person or a hybrid of both.

An additional 24% -- or 262 -- say they are planning a hybrid model (part in class, part online), and 7.2% -- or 78 -- are undecided or undeclared.

Sixty percent – or 654 -- say they are planning for an in-person semester.

New York University, with the largest population of international students at 19,605, is proposing a hybrid model. Columbia University, the fourth-largest international student population with 15,897, says it is considering multiple options but hopes to return to in-person instruction as soon as it is safe to do so.

University of Southern California -- with the second-largest population of international students at 16,340 -- is planning for online instruction for undergraduates. Twenty-three state universities in California, including University of California-Los Angeles with 11,942 international students, also plan to conduct online-only classes.

Northeastern University, with 16,075 international students, is planning a hybrid model, [[ ]] as is Boston University, which has 10,598 foreign scholars.

How many students are affected? What is the deadline for them to decide where to live?

As of the 2018-2019 academic school year, there were 1,095,299 international students at U.S. colleges and universities, according to the Institute for International Education, which issues an annual report on international students in the U.S. International students make up 5.5% of the higher education population in the U.S., according to IIE.

Colleges and universities typically notify applicants of acceptances the first quarter of the year, with most letters going out in early April. Students are expected to commit -- including making a deposit to hold their spot -- by early May. The COVID-19 pandemic has delayed that process.

The states with the largest populations of international students are California, New York, Texas, Massachusetts, Illinois, Pennsylvania, Florida, Ohio, Michigan and Indiana. Some of those states have been among the hardest-hit by COVID-19.

What options do foreign students have if their university goes to online-only? Is there an appeal process?

Because the visa and university application process is long and complicated, students cannot easily pivot to other schools.

ICE, which oversees the Student and Exchange Visitor Program, is referring international students to a “School Reporting and Procedural Requirements” page on the SEVIS website.

Meanwhile, the Association of International Educators (NAFSA) has updated its guidance for the upcoming semester: “Some flexibility will continue for schools that adopt an in-person or hybrid model for Fall 2020, but will not continue for students in the United States studying at schools operating entirely online for Fall 2020.”

The association adds that a deadline is looming: “[A]ll schools must update their operational plans with SEVP: Schools that will be entirely online or will not reopen for Fall 2020 must notify SEVP no later than Wednesday, July 15, 2020. Schools that will offer an in-person or hybrid program for Fall 2020 must notify SEVP of their plans by August 1, 2020.”

What happens to students if colleges hosting in-person classes are later forced to go to online-only?

ICE advises, “Schools should update their information in the Student and Exchange Visitor Information System (SEVIS) within 10 days of the change if they begin the fall semester with in-person classes but are later required to switch to only online classes, or a nonimmigrant student changes their course selections, and as a result, ends up taking an entirely online course load.”

The ICE website adds: “Nonimmigrant students within the United States are not permitted to take a full course of study through online classes. If students find themselves in this situation, they must leave the country or take alternative steps to maintain their nonimmigrant status such as a reduced course load or appropriate medical leave.”

What are the financial implications of this new policy for universities and colleges?

Universities already weathering big declines in international enrollment and revenues will suffer another financial hit if foreign students are unable to attend. According to the Brookings Institution, international students account for $2.5 billion in tuition and other revenue to American colleges and universities.

But their total contribution to the U.S. economy is far larger. The American Council on Education estimates foreign students have economic impact of $41 billion and support more than 450,000 U.S. jobs.

Colleges and universities that have the largest populations of foreign students are California (161,693), New York (124,277), Texas (81,893), Massachusetts (71,098), Illinois (53,724), Pennsylvania (51,818), Florida (45,957), Ohio (37,314), Michigan (33,236) and Indiana (29,083) in 2018-2019.

What are universities telling international students about this rule change?

Many colleges and universities are expressing dismay and pledging to do what they can to assist foreign students.

"We are deeply concerned that the guidance issued today by U.S. Immigration and Customs Enforcement imposes a blunt, one-size-fits-all approach to a complex problem giving international students, particularly those in online programs, few options beyond leaving the country or transferring schools," Harvard University President Larry Bacow wrote the university community Monday.

“Our focus and efforts right now are on analyzing the DHS guidance to provide Stanford students accurate and timely information,” Shalini Bhutani, executive director of Stanford University’s International Center, wrote in a message to international students on Monday. “Please know that the Stanford community is committed to supporting international students.”

“With today’s update, students with certain visas must enroll in at least one in person course this fall to enter or remain in the U.S. Students who choose to enroll fully online will still be able to matriculate with UCI this fall from outside the U.S.,” wrote Willie L. Banks Jr., Ph.D., vice chancellor for Student Affairs, and Gillian Hayes, Ph.D., vice provost for graduate education in an email to the University of California-Irvine community Monday.

See all News Updates of the Day

International students discuss US campus culture shock

FILE - People take photographs near a John Harvard statue, Jan. 2, 2024, on the campus of Harvard University, in Cambridge, Mass.
FILE - People take photographs near a John Harvard statue, Jan. 2, 2024, on the campus of Harvard University, in Cambridge, Mass.

International students at De Anza College in Cupertino, California, talked about culture shock in an article in La Voz News, the student newspaper.

"It felt like a major culture shock. Everything was so different, from academics to mannerism," said a student from Mexico.

Read the full story here.

These are the most expensive schools in the US 

FILE - Students relax on the front steps of Low Memorial Library on the Columbia University campus in New York City on Feb. 10, 2023.
FILE - Students relax on the front steps of Low Memorial Library on the Columbia University campus in New York City on Feb. 10, 2023.

High tuition costs along with housing and food expenses can add up for students at U.S. colleges and universities.

MSNBC looked at the most expensive schools in the country, with one costing more than $500,000 for a bachelor’s degree. (June 2024)

Uzbekistan students admitted into top US universities

FILE - U.S. Secretary of State Antony Blinken speaks with students as he attends an English Language Learning Event at Uzbekistan State World Languages University in Tashkent, Uzbekistan, Wednesday, March 1, 2023.
FILE - U.S. Secretary of State Antony Blinken speaks with students as he attends an English Language Learning Event at Uzbekistan State World Languages University in Tashkent, Uzbekistan, Wednesday, March 1, 2023.

Students from Uzbekistan are among the international students admitted to top colleges and universities in recent years.

Gazata.uz profiled some of the Uzbekistan students attending Harvard, Brown, Princeton and other U.S. universities. (June 2024)

Reports of visa checks, deportations worry Chinese STEM students in US

FILE - Visitors to the U.S. consular service line up outside the U.S. embassy in Beijing, Aug. 1, 2022. The Chinese government has protested to the United States over the treatment of Chinese arriving to study in America.
FILE - Visitors to the U.S. consular service line up outside the U.S. embassy in Beijing, Aug. 1, 2022. The Chinese government has protested to the United States over the treatment of Chinese arriving to study in America.

Geopolitical tensions and growing competition in tech between the United States and China appear to be spilling over into academia despite commitments from the world’s two biggest economies to boost people-to-people exchanges.

The United States remains the top choice for Chinese students seeking to study abroad with nearly 300,000 studying in American colleges and universities during the 2022-2023 school year. But reports of some cases that students and professors are facing extra scrutiny while passing through immigration and the deportation of others are raising concerns.

For Chen Xiaojin, a doctoral student studying semiconductor materials at a university in the Washington, D.C., metropolitan area, it has been six years since she returned to her hometown of Beijing.

At first, it was the COVID-19 pandemic that kept her from going home. But over the past two years, she has been deterred by accounts of Chinese students majoring in science and engineering being required to reapply for their visas upon returning to China.

She also says she is worried by reports over the past six months of Chinese students being deported, even at nearby Dulles Airport.

"My current research is relatively sensitive, and my boss [adviser] is getting funds from the U.S. Department of Defense, making it even more sensitive,” she told VOA. "I am afraid that I won't be able to return after I go back [to China]."

Chen says that if she did return to China, she would have to apply for a new visa.

In a report late last month, Bloomberg said it had found at least 20 Chinese students and scholars with valid visas who were deported at U.S. Customs since November and barred from reentry. The U.S. Customs and Border Protection Agency does not release relevant data.

Immigration attorney Dan Berger represented one Chinese student who was deported late last year. He tells VOA Mandarin that the student studied biological sciences at Yale University and was about to complete her doctorate.

She visited her family in China and got a new visa but was deported by customs at Dulles Airport and barred from reentering the country for five years. Berger said he did not see anything suspicious in the transcript of the conversation between the student and the customs officer.

"We have seen what seems like a pattern over the last six months of Chinese PhD students being turned around…. more than I've seen in quite a while," he said.

Matthew Brazil, a fellow at the Jamestown Foundation, said neither country seems willing to explain the situation. However, he believes that in most cases, the United States must have valid reasons for blocking visa holders from entering the country.

In some cases, the student’s background may not match what is written on the visa application. In other cases, customs agents may also find something that the State Department missed, and once they see it, they are responsible for taking action.

"I wish the Chinese side would be specific about their students who were refused entry,” he said. “The fact that both sides are mum on details and that the Chinese side is engaged with the usual angry rhetoric means that each has security concerns. And that says to me that there was good reason for the U.S. to stop these particular applicants."

FILE - Chinese students wait outside the U.S. Embassy for their visa application interviews on May 2, 2012, in Beijing. The Chinese government has protested to the United States over the treatment of Chinese arriving to study in America.
FILE - Chinese students wait outside the U.S. Embassy for their visa application interviews on May 2, 2012, in Beijing. The Chinese government has protested to the United States over the treatment of Chinese arriving to study in America.

Brazil also sees a connection between the entry denials and export control regulations issued by the United States in October 2022 that restrict China's ability to obtain advanced computing chips, develop and maintain supercomputers, and manufacture advanced semiconductors.

U.S. Customs and Border Protection is one of the law enforcement agencies authorized to investigate violations of export control regulations, he said.

"Beijing's intelligence agencies are known to focus attention on PRC [People's Republic of China] students and scientists headed abroad who study or work on dual-use technologies controlled under the Export Administration Act — compelling Chinese students and scientists to report on what they've learned when they return to China on holiday,” he said. “This has been true for decades."

Bill Drexel, a fellow for the Technology and National Security Program at the Center for a New American Security, said the U.S. government did find some cases where students tried to steal strategic technology for China.

"I think it would both not be surprising that they found some really questionable or incriminating evidence for some students,” he said. “It would also not be surprising if, in their hunt for really solid evidence, they also may have made some mistakes on other students.”

Drexel adds that “it’s just kind of an unfortunate fact of the time that we live in and the tactics that the CCP uses when it comes to these measures."

In a post on X in early May, U.S. ambassador to China Nicholas Burns tried to dispel concerns about visas and entry to the United States for students and scholars. In the post, he said "99.9% of Chinese students holding visas encounter no issues upon entering the United States.”

In an interview with The Wall Street Journal Monday, Burns said it is China that is making it impossible to promote people-to-people ties. Burns told the Journal that students attending events sponsored by the United States in China have been interrogated and intimidated.

He also said that since U.S. President Joe Biden and China’s leader Xi Jinping held their summit in San Francisco last year, China’s Ministry of State Security and other agencies had interfered with Chinese citizens’ participation at some 61 events.

At a regular briefing on Wednesday, Chinese Foreign Ministry spokesperson Mao Ning dismissed those accusations, saying that they did not “reflect reality" and that went against key understandings reached by both countries’ presidents in San Francisco.

“The United States, under the pretext of 'national security,' unjustifiably harasses, interrogates, and deports Chinese students in the U.S., causing them significant harm and creating a severe chilling effect,” Mao said. “The image of the United States in the minds of the Chinese people fundamentally depends on the actions of the United States itself.”

Drexel said he believes Burns’ comments about visas and students' willingness to study in the U.S. still ring true.

“On balance, it's still the case that American universities are overwhelmingly warm towards Chinese students and want them in large numbers," he said.

However, Berger, the immigration lawyer, is concerned about the chilling effect recent cases involving Chinese students could have.

"In general, we are being more careful about advising Chinese graduate students in STEM fields about traveling and letting them know that there is some small risk,” he said.

Even though the risk is small, it does seem to be real at the moment, he said.

Adrianna Zhang contributed to this report.

US federal judge blocks new regulation targeting for-profit colleges

FILE - Flags decorate a space outside the office of the education secretary at the Education Department, Aug. 9, 2017, in Washington.
FILE - Flags decorate a space outside the office of the education secretary at the Education Department, Aug. 9, 2017, in Washington.

A federal judge in Texas has blocked a regulatory provision targeting for-profit colleges that was scheduled to take effect in July 2024.

Times Higher Education reports that the rule, which would affect student loans, was challenged by for-profit institutions. (June 2024)

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