Select Page

California Challenges Changes to Student Visa Rules

Last week, I blogged about ICE’s announcement that international students taking online-only classes could lose their visa status, and about the ensuing lawsuit by Harvard and MIT to enjoin this action. On Thursday, the state of California launched its own lawsuit in district court in San Francisco.

The legal arguments are largely the same: that the rule change was arbitrary and capricious, and that the federal government failed to follow notice-and-comment procedures. California is the first state to sue the Trump administration over this issue, which is unsurprising for several reasons including the facts that the California Community Colleges system, as the complaint mentions, “represents the largest postsecondary system in the United States” and that California is dealing with a renewed surge of COVID-19 cases. The implications of this spike for schools and universities are, of course, profound. The complaint does not mince words: “California higher education institutions are faced with an impossible choice: create in-person classes that would heighten the risk of exposure to COVID-19 for their students, staff, and community in order to keep their student bodies intact, or lose an integral part of their student bodies altogether.”

The complaint highlights that “[t]he July 6 Directive is clear that there is no safe harbor for institutions operating in the ‘hybrid’ model that decides to switch to online-only classes in the middle of the semester should the public health crisis demand it”. This is unsurprising to this reader given that there is no safe harbor even for universities that cannot safely open due to the current public health crisis, much less potential future episodes of spikes. The situation of students in hybrid (or even in-person) models that could turn into online ones is, however, relevant in its own right from a reliance point of view. I suspect that the sentiment of the federal government is that if international students do not like the risk that could result from mid-semester shifts to online-only education, they can just go home now. That argument should fail, however, given the lateness of the government’s announcement, among other reasons.

Meanwhile, almost 60 universities have filed an amicus brief in support of Harvard and MIT in their lawsuit. Judge Allison Dale Burroughs has set a hearing for tomorrow, with the goal of arriving at a decision by the next day.


This post has been republished with permission from a publicly-available RSS feed found on Reason. The views expressed by the original author(s) do not necessarily reflect the opinions or views of The Libertarian Hub, its owners or administrators. Any images included in the original article belong to and are the sole responsibility of the original author/website. The Libertarian Hub makes no claims of ownership of any imported photos/images and shall not be held liable for any unintended copyright infringement. Submit a DCMA takedown request.

-> Click Here to Read the Original Article <-

About The Author

Irina Manta

Founded in 1968, Reason is the magazine of free minds and free markets. We produce hard-hitting independent journalism on civil liberties, politics, technology, culture, policy, and commerce. Reason exists outside of the left/right echo chamber. Our goal is to deliver fresh, unbiased information and insights to our readers, viewers, and listeners every day. Visit https://reason.com

Leave a reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Welcome

Bringing together a variety of news and information from some of today’s most important libertarian thought leaders. All feeds are checked and refreshed every hour and pages auto-refresh every 15 minutes. External images are deleted after 30 days.

Time since last refresh: 0 second

Publish Your Own Article

Follow The Libertarian Hub

 

Support Our Work

Support the Libertarian Hub by tipping with Bitcoin!

Send BTC:
19PU2K7448gKxAvisR5cF6X5RquYfWu5vZ
Weekly Newsletter SignupTop 5 Stories of the Week

Subscribe to our newsletter to receive a weekly email report of the top five most popular articles on the Libertarian Hub!