By Jeph Ajobaju, Chief Copy Editor
Harvard University and the Massachusetts Institute of Technology (MIT) have sued the Donald Trump administration for its “cruel and reckless” decision not to allow foreign students to take online-only courses in the United States this fall semester.
There are more than one million foreign students in American universities; from diverse countries such as China, India, Canada, Brazil, Nigeria, Saudi Arabia, Vietnam, and South Korea who provide huge income for the universities.
But these international students in the U.S. could be made to leave the country if their universities decide to only offer online courses, Immigration and Customs Enforcement (ICE) announced on Monday, reported by CNN.
That coincided with announcement by several U.S. universities, including elite ones such as Harvard and Princeton, that some proportion of their teaching will take place online, even for students based on campus, in response to the Covid-19 pandemic, which has surged in the U.S. in recent weeks.
According to CNN, the move could affect more than the one million international students currently studying in the U.S.
Harvard announced that all course instruction will be delivered online, including for students living on campus. The university argued that the guidance stands to affect approximately 5,000 international students.
“The order came down without notice – its cruelty surpassed only by its recklessness,” Harvard University President, Larry Bacow said.
“It appears that it was designed purposefully to place pressure on colleges and universities to open their on-campus classrooms for in-person instruction this fall, without regard to concerns for the health and safety of students, instructors, and others.”
‘Untenable situation’
Visa requirements for students have always been strict and coming to the U.S. to take online-only courses has been prohibited.
ICE maintained that prohibition in its guidance, while providing some flexibility for hybrid models, meaning a mix of online and in-person classes.
ICE suggested that students currently enrolled in the U.S. consider other measures, like transferring to schools with in-person instruction.
In a FAQ published by the agency, the Department of Homeland Security reasoned that “all students scheduled to study at a U.S. institution in the fall will be able to do so, though some will be required to study from abroad if their presence is not required for any in-person classes in the United States.”
The lawsuit, filed in the U.S. District Court for the District of Massachusetts, seeks to block the directive, arguing it violates the Administrative Procedures Act.
The universities argue that the decision by ICE not to provide an exemption for online-only courses puts them in an “untenable situation” of either proceeding with their plans to operate fully or largely online or attempt to provide in-person learning.
The lawsuit also underscores the challenge posed to students.
“Just weeks from the start of the fall semester, these students are largely unable to transfer to universities providing on-campus instruction, notwithstanding ICE’s suggestion that they might do so to avoid removal from the country,” they said in the lawsuit.
“Moreover, for many students, returning to their home countries to participate in online instruction is impossible, impracticable, prohibitively expensive, and/or dangerous.”
Four straight years of hike in foreign student numbers
Year 2018-2019 was the fourth consecutive year that over a million international students were studying at American institutions, according to data compiled by the Institute of International Education (IIE).
The vast majority of those students came from Asian countries, with the largest numbers by some distance coming from China (369,548) and India (202,014).
By contrast, only 26,122 came from Canada (in fifth place) and 15,229 from Mexico (in tenth place).
While 2018-2019 set a new all-time high for overseas students in the U.S., IIE data shows small dips in intake over the years spanning 2016-2019, which coincide with the election and presidency of Trump.
The IIE said the vast majority of funding for international students comes from overseas, rather than being funded by their host institutions, meaning that international students are big business for American universities.
While students will still be required to pay tuition fees, it is possible that a hostile policy towards people seeking to study in the U.S. could discourage prospective students.
New York City is home to the most international students, thanks to New York University and Columbia University playing host to 19,605 and 15,897 students respectively.
Relatively few overseas students came from European countries, while European nations are the most popular destinations for American students studying overseas.
Of America’s 341,751 overseas students, 12 per cent are in the United Kingdom, 11 per cent are in Italy, 10 per cent are in Spain and 5 per cent are in France.
Conversely, the 51 nations that IIE counted as European countries only accounted for 8 per cent of international students currently in the U.S.
