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Washington State Files Suit Against DHS

Washington State Attorney General Bob Ferguson filed a federal lawsuit on Friday against the US Department of Homeland Security, citing harm from the “July 6th Directive” which will require F-1 and M-1 students to leave the US if their classes are entirely online due to COVID-19.

The suit, filed in the US District Court for the Western District of Washington, specifically accuses the rule of being “cruel, arbitrary, and capricious”. The suit goes further to call the directive “illogical and illegal”, and specifically cites harm to institutions such as the University of Washington and our students.

 

Presidential Proclamation on Non-Immigrant Visas

Today, President Trump signed an executive order curtailing H-1B, H-2B, H-4, L, and certain J visas, as well as immigrant visas, through December 31, 2020: “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak”.

Limited exemptions may be provided for those working in the food supply chain, as well as limited national security exemptions as determined by the Secretaries of State and Homeland Security. Also exempted under Sec. 4(a)(i) are persons providing medical care for COVID-19 patients or conducting medical research to combat COVID-19. With regards to J visas, professors, alien physicians, and research scholars appear to be exempt.

The proclamation applies only to persons who are outside the United States and who do not hold a valid non-immigrant visa or official permission to travel as of June 24, 2020.

The full text of the proclamation is available here. Our office is actively working with our partners to better understand the scope of this proclamation, and will update this post as new information becomes available.

Dept. of Education Unveils New Foreign Gift Reporting Portal

Today, the US Department of Education announced a new portal through which institutions must disclose foreign gifts or contracts under section 117 of the Higher Education Act. The portal will be utilized for the next reporting deadline of July 31, 2020.

In a press release, Secretary of Education Betsy DeVos explained that currently, the Department is not receiving sufficient information to determine compliance with section 117. She also reiterated that transparency is necessary to ensure academic freedom and US national security.

GOP Reps Sign Letter in Support of International Students

Today, several Republican members of the US House of Representatives, including Rep. Dan Newhouse (R-WA) and Rep. Cathy McMorris Rodgers (R-WA), sent a letter to Secretary of State Mike Pompeo and Acting Secretary of Homeland Security Chad Wolf supporting Optional Practical Training (OPT), and requesting that agencies improve processes to allow international students to enroll for Fall 2020.

The letter, led by Rep. Steve Stivers (R-OH), specifically notes the important role international students play in our communities and for the US economy. The full letter is available here.