A girl sitting at a table with her head up and holding a pencil.

Update: ICE Guidelines Requiring In-Person Study for International Students at United States Colleges Rescinded


Update: ICE Guidelines Requiring In-Person Study for International Students at United States Colleges Rescinded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Fortunately, the guidelines were rescinded.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The recently rescinded guidelines obviously had the potential to significantly impact educational plans and opportunities for international students enrolled in higher education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.

Three students in a library looking at something on the table.

New Immigration Guidelines for International Students Attending Colleges and Universities in the United States


New Immigration Guidelines for International Students Attending Colleges and Universities in the United States

International students accepted to study at colleges in the United States must generally obtain visas prior to entering the country to study. These student visas fall into two categories – F visas and M visas – depending upon the type of study and school.

Additionally, and as reported this week in the Tampa Bay Times, under recent guidelines of the United States Immigration and Customs Enforcement (ICE), in order for international students admitted to United states colleges to remain in the United States for study in the fall of 2020, some in-person instruction is required. Under these guidelines, for international students to remain in the United States for study, their colleges or universities must not be planning to offer exclusively online courses. Other restrictions are imposed by the guidelines in consideration of future circumstances, including, for example, the possibility of a school’s plan changing from in-person to online only education during the course of the term (in which case the international student would be required to leave the country or transfer to a school that is providing classes in-person).

College and University Reopening Plans Across the Nation and in the State of Florida

International students made up over 5% of the total student enrollment in United States colleges in 2019, according to data provided by Educationadata.org. Additional reported statistics indicate that in 2018, total revenues associated with international students were estimated to over 45 billion dollars.

Clearly, the COVID-19 pandemic has complicated plans for the fall 2020 semester for colleges and universities around the world. In the United States, the situation appears to be fluid, with some colleges and universities having recently released their plans for the fall, while others are still determining their reopening strategy.

As a recent report by Business Insider indicates, there are a variety of plans for colleges and universities reopening across the nation. Some schools will only offer remote learning, while others are planning to offer a combination of online and in-person classes. Some schools are planning to divide the term, starting with in-person coursework and completing the semester online. Still other schools have yet to reach a final decision about plans for the fall semester.

Within the state of Florida, the University of Florida’s plan anticipates offering some in-person, online, and hybrid form classes. The State University System of Florida enrolls over 30,000 international students, who come from more than 200 countries. The University of Tampa’s website indicates its intention to offer on-campus learning this fall, with changes in the classroom to allow for increased physical distancing, new audio visual technology, and some fully remote learning options. At the University of Tampa, students are enrolled from 132 countries around the world.

For international students across the nation, as well as those in Florida, the recent ICE guidelines obviously have the potential to significantly impact on educational plans and opportunities going forward. For more information, or if you are an international student seeking guidance on the recent ICE guidelines 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.