The Trump administration has agreed to rescind its July 6 rule, which temporarily bared international students from staying in the United States unless they attend at least one in-person course, a federal district court judge said on Tuesday.
The U-turn by the Trump administration comes following a nationwide outrage against its July 6 order and a series of lawsuits seeking a permanent injunctive relief to bar the Department of Homeland Security (DHS) and the US Immigration and Customs Enforcement (ICE) from enforcing the federal guidelines barring international students attending colleges and universities offering only online courses from staying in the country.
As many as 17 US states and the District of Columbia, along with top American IT companies such as Google, Facebook and Microsoft, joined MIT and Harvard in the US District Court in Massachusetts against the DHS and the ICE in seeking an injunction to stop the entire rule from going into effect.
"I have been informed by the parties that they have come to a resolution. They will return to the status quo," Judge Allison Burroughs, the federal district judge in Boston, said in a surprise statement at the top of the hearing on the lawsuit.
ALSO READ: 17 US states, DC file lawsuit against Trump's new visa policy for students
The announcement comes as a big relief to international students, including those from India. In the 2018-2019 academic year, there were over 10 lakh international students in the US. According to a recent report of the Student and Exchange Visitor Program (SEVP), 1,94,556 Indian students were enrolled in various academic institutions in the US in January.
Judge Burroughs said the policy would apply nationwide.
"Both the policy directive and the frequently asked questions would not be enforced anyplace," she said, referring to the agreement between the US government and MIT and Harvard.
"We are going to be signing an immigration act very soon. It is going to be based on merit, it is going to be very strong," Trump told reporters at a Rose Garden press conference at the White House.
"We are going to work on DACA (Deferred Action for Childhood Arrivals) because we want to make people happy and I will tell you even conservative Republicans want to see something happen with DACA," he said.
Trump said the Democrats had their chance for three years to do something with DACA and they always turned it down.
"They always turned it down. They used it as politics. I am using it to get something done, but we will be signing a very powerful immigration act. It will be great, it will be merit-based. The country has tried to get it for 25 or 30 years," he said in response to a question.
"It will be strong on the border, but you will come in legally and you will be able to come in legally and very importantly, we will be taking care of people from DACA in a very Republican way," the president said.
ALSO READ: After Harvard & MIT, Johns Hopkins sues US govt for new students' visa rule
Congressman Brad Scneider said this is a great win for international students, colleges and common sense.
"The Administration needs to give us a plan to tackle our public health crisis - it can't be recklessly creating rules one day and rescinding them the next," he said in a tweet.
Last week, more than 136 Congressmen and 30 senators wrote to the Trump administration to rescind its order on international students.
"This is a major victory for the students, organisers and institutions of higher education in the #MA7 and all across the country that stood up and fought back against this racist and xenophobic rule," said Congresswoman Ayanna Pressley.
"Taking online classes shouldn't force international students out of our country," Congressman Mikie Sherrill said in a tweet.
In its July 6 notice, the ICE had said all student visa holders, whose university curricula were only offered online, "must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status".
"If not, they may face immigration consequences, including but not limited to the initiation of removal proceedings," it had said.
In their lawsuit, the 17 states and the District of Columbia said for many international students, remote learning in the countries and communities they come from would impede their studies or be simply impossible.
The lawsuit alleged that the new rule imposes a significant economic harm by precluding thousands of international students from coming to and residing in the US and finding employment in fields such as science, technology, biotechnology, healthcare, business and finance, and education, and contributing to the overall economy.
In a separate filing, companies like Google, Facebook and Microsoft, along with the US Chamber of Commerce and other IT advocacy groups, asserted that the July 6 ICE directive will disrupt their recruiting plans, making it impossible to bring on board international students that businesses, including the amici, had planned to hire, and disturb the recruiting process on which the firms have relied on to identify and train their future employees.
Tech companies, including Google, Microsoft and Facebook said in their brief that "America's future competitiveness depends on attracting and retaining talented international students".
According to the International Institute of Education, there are over one million foreign students in the US and of them about 200,00 are from India.
several US institutions are dependent on tuition from foreign students, many of whom pay full fees.
But another factor of importance to both the universities and the economy is the pre-ponderance of graduate students in engineering and science.
Foreigners make up over 75 per cent of graduate students in electrical, computer, petroleum and industrial engineering fields, according to Inside Higher Ed.
They not only back up the faculty as teaching assistants and researchers, but go on to work for or found tech companies.
The July 6 directive will make it impossible for a large number of international students to participate in the CPT and OPT programmes. The US will "nonsensically be sending...these graduates away to work for our global competitors and compete against us...instead of capitalising on the investment in their education here in the US", they said.
The U-turn by the Trump administration comes following a nationwide outrage against its July 6 order and a series of lawsuits seeking a permanent injunctive relief to bar the Department of Homeland Security (DHS) and the US Immigration and Customs Enforcement (ICE) from enforcing the federal guidelines barring international students attending colleges and universities offering only online courses from staying in the country.
As many as 17 US states and the District of Columbia, along with top American IT companies such as Google, Facebook and Microsoft, joined MIT and Harvard in the US District Court in Massachusetts against the DHS and the ICE in seeking an injunction to stop the entire rule from going into effect.
"I have been informed by the parties that they have come to a resolution. They will return to the status quo," Judge Allison Burroughs, the federal district judge in Boston, said in a surprise statement at the top of the hearing on the lawsuit.
ALSO READ: 17 US states, DC file lawsuit against Trump's new visa policy for students
The announcement comes as a big relief to international students, including those from India. In the 2018-2019 academic year, there were over 10 lakh international students in the US. According to a recent report of the Student and Exchange Visitor Program (SEVP), 1,94,556 Indian students were enrolled in various academic institutions in the US in January.
Judge Burroughs said the policy would apply nationwide.
"Both the policy directive and the frequently asked questions would not be enforced anyplace," she said, referring to the agreement between the US government and MIT and Harvard.
"We are going to be signing an immigration act very soon. It is going to be based on merit, it is going to be very strong," Trump told reporters at a Rose Garden press conference at the White House.
"We are going to work on DACA (Deferred Action for Childhood Arrivals) because we want to make people happy and I will tell you even conservative Republicans want to see something happen with DACA," he said.
Trump said the Democrats had their chance for three years to do something with DACA and they always turned it down.
"They always turned it down. They used it as politics. I am using it to get something done, but we will be signing a very powerful immigration act. It will be great, it will be merit-based. The country has tried to get it for 25 or 30 years," he said in response to a question.
"It will be strong on the border, but you will come in legally and you will be able to come in legally and very importantly, we will be taking care of people from DACA in a very Republican way," the president said.
ALSO READ: After Harvard & MIT, Johns Hopkins sues US govt for new students' visa rule
Congressman Brad Scneider said this is a great win for international students, colleges and common sense.
"The Administration needs to give us a plan to tackle our public health crisis - it can't be recklessly creating rules one day and rescinding them the next," he said in a tweet.
Last week, more than 136 Congressmen and 30 senators wrote to the Trump administration to rescind its order on international students.
"This is a major victory for the students, organisers and institutions of higher education in the #MA7 and all across the country that stood up and fought back against this racist and xenophobic rule," said Congresswoman Ayanna Pressley.
"Taking online classes shouldn't force international students out of our country," Congressman Mikie Sherrill said in a tweet.
In its July 6 notice, the ICE had said all student visa holders, whose university curricula were only offered online, "must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status".
"If not, they may face immigration consequences, including but not limited to the initiation of removal proceedings," it had said.
In their lawsuit, the 17 states and the District of Columbia said for many international students, remote learning in the countries and communities they come from would impede their studies or be simply impossible.
The lawsuit alleged that the new rule imposes a significant economic harm by precluding thousands of international students from coming to and residing in the US and finding employment in fields such as science, technology, biotechnology, healthcare, business and finance, and education, and contributing to the overall economy.
In a separate filing, companies like Google, Facebook and Microsoft, along with the US Chamber of Commerce and other IT advocacy groups, asserted that the July 6 ICE directive will disrupt their recruiting plans, making it impossible to bring on board international students that businesses, including the amici, had planned to hire, and disturb the recruiting process on which the firms have relied on to identify and train their future employees.
Tech companies, including Google, Microsoft and Facebook said in their brief that "America's future competitiveness depends on attracting and retaining talented international students".
According to the International Institute of Education, there are over one million foreign students in the US and of them about 200,00 are from India.
several US institutions are dependent on tuition from foreign students, many of whom pay full fees.
But another factor of importance to both the universities and the economy is the pre-ponderance of graduate students in engineering and science.
Foreigners make up over 75 per cent of graduate students in electrical, computer, petroleum and industrial engineering fields, according to Inside Higher Ed.
They not only back up the faculty as teaching assistants and researchers, but go on to work for or found tech companies.
The July 6 directive will make it impossible for a large number of international students to participate in the CPT and OPT programmes. The US will "nonsensically be sending...these graduates away to work for our global competitors and compete against us...instead of capitalising on the investment in their education here in the US", they said.
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