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Update: ICE Guidelines Requiring In-Person Study for International Students at United States Colleges Rescinded

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Update: ICE Guidelines Requiring In-Person Study for International Students at United States Colleges Rescinded

In early July, 2020, the United States Immigration and Customs Enforcement (ICE) issued regulations that would have required international students in the United States to enroll in in-person study at colleges or leave the country. Obviously, these guidelines were cause for concern to many international students who are currently attending schools in the United States that have already decided to offer online-only courses this fall in light of the COVID-19 pandemic. The guidelines were also met with harsh criticism from university administrations, as well as state attorney generals.

Fortunately, the guidelines were rescinded.

According to CNBC, over 200 colleges supported a federal court lawsuit that was brought against ICE by Harvard University and the Massachusetts Institute of Technology (MIT) after the regulations were announced. Additionally, 17 states and the District of Columbia had also filed a lawsuit seeking to block the guidelines. According to USA Today, the guidelines were characterized in this lawsuit as “cruel, abrupt and unlawful.†The lawsuit sought an injunction which, if granted, would have barred the guidelines from taking effect during the course of the court proceedings.

The reversal of the guidelines returns the federal policy regarding international student enrollment and study to the policy that was effective this past spring, USA Today reports. At that time, the COVID-19 pandemic caused many colleges and universities across the country to close their campuses and offer online courses for completing coursework for the current term. Under the prior policy, international students were allowed to participate in the virtual and online courses offered by their schools.

The recently rescinded guidelines obviously had the potential to significantly impact educational plans and opportunities for international students enrolled in higher education programs in the United States. Even with the rescinding of the guidelines, however, low enrollment of international students is anticipated, according to a July 2020 policy brief by the National Foundation for American Policy (NFAP). This anticipated decline could reduce the total number of international students in the United States to its lowest level since World War II, according to the NFAP. Among the reasons noted for this decline are COVID-19 related considerations – continuing travel bans and suspended services at United States consulates around the world.

For United States colleges and universities, safe and effective reopening in the fall is of paramount concern. International students – and all students – should be sure to stay updated on reopening plans for their schools. For the near future, options for online, in-person, and hybrid coursework to be conducted at colleges and universities throughout the United States have emerged and are emerging in many states and at colleges and universities across the country. Last week, for example, the University of Florida announced an anticipated increase in online classes and an intention to hold some classes outdoors, according to News4Jax.com.

If you are an international student and have questions about visa requirements, or other immigration matters, contact an immigration law specialist at Diaz Shafer, P.A.

At Diaz Shafer, P.A., we offer expert assistance with any legal matter involving immigration, including immigration services for individuals, businesses, military personnel, and deportation defense.  We are experienced, multi-lingual, and proven in the courtroom. To learn more, visit www.diazshafer.com.

A person is holding on to the door knob.

What To Do If You’re Undocumented And ICE Is At Your Home Or Workplace

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What To Do If You’re Undocumented And ICE Is At Your Home Or Workplace.

The first and most important step is to remain calm and know your rights.  If an ICE officer knocks on your door, do not open it.  First, ask them to identify themselves by asking what agency they are with.  Even if they say they are with the Department of Homeland Security or Immigration and Customs Enforcement, you still have the right to proceed as follows:

  1. Ask to see a warrant and have them slip it under the door. If they do not have a warrant, do not open the door or answer any questions. If they produce a warrant it MUST contain your correct name and address and a signature of the judge who issued the warrant.  Chances are, the warrant will be in English, so if you have trouble reading it have someone in your household help, or snap a picture of it with your phone and send it to a bilingual friend or relative.  If for any reason the warrant doesn’t look valid (your name is misspelled, wrong first name, wrong address, etc.), slide it back under the door and tell them it is incorrect.  If the warrant looks correct, make sure it was issued by a court.
  2. If the warrant is valid, you must let the officer enter. However, in most cases, a warrant for your arrest does not entail a search of your home.  If all looks valid, step outside to discuss it with the officer.  This is especially important if you live with others who might have immigration concerns.  Remember, if the officer asks if he or she can come in and you say “yesâ€, that gives the officer legal consent to enter your home or place of work.
  3. Once outside with the officer, do not answer any questions and do not sign any papers. Tell the officer you want to talk with an attorney before speaking any further. Do not show any papers that identify the country of your origin.
  4. The same applies if officers enter your workplace. You have the right to keep silent and seek the guidance of an attorney before you answer any questions.  You have the right to withhold where you came from or show any papers related to your country of origin, even if at work.  Keep reiterating that you wish to speak with an attorney.
  5. Document everything. You have the right to take pictures, record conversations, and take note of the officers’ license plates and badge numbers.  All this can be done using your smart phone.  Don’t let fear freeze you from documenting what’s happening around you.  It could be invaluable should you be required to appear in court.
  6. Check your status to see if you are eligible for Parole in Place. Parole in place is designed to protect foreign nationals who are spouses, widows, widowers, parents, sons or daughters of active-duty members of the U.S. armed forces, in the Selected Reserve of the U.S. Ready Reserve or a military veteran who served in the Selected Reserve (even if deceased).  To prove you are eligible, you must submit Form I-131, Application for Travel Document, and submit it to your local United States Citizenship and Immigration Services office.  If granted, you will need to show any ICE officer who is legally authorized to see it a copy of the approval.  Never turn over the original.
  7. Know who to call for legal advice. Have an immigrations attorney’s name and number on you at all times that you can call should you ever find yourself in this situation.

At Diaz Shafer, P.A.,  we offer expert assistance with any legal matter involving immigration, including immigration services for individuals, businesses, military personnel, and deportation defense.  We are experienced, multi-lingual, and proven in the courtroom. To learn more, visit www.diazshafer.com.