US Immigration and Customs Enforcement has withdrawn the “July 6th” directive requiring F-1 and M-1 students to leave the US if their classes are entirely online. The Student Exchange and Visitor Program (SEVP) will revert back to guidance issued at the beginning of the pandemic, meaning students will not face deportation based on the format of their classes.
Live updates here.
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.
On August 9, 2018 USCIS (US Citizenship and Immigration Services) published a memo titled Accrual of Unlawful Presence and F, J, and M Nonimmigrants which would have altered how unlawful status is calculated for certain visa holders. In the end, some foreigners would have their unlawful status retroactively applied and thus be subject to 3 or 10 year bars to admission.
On Thursday, Judge Loretta C. Biggs, US District Judge for the Middle District of North Carolina, issued a nationwide injunction blocking the memo from taking effect. Judge Biggs ruled that USCIS failed to follow the Administrative Procedure Act by not allowing notice-and-comment period, and regardless, the memo would be found inconsistent with the Immigration and Nationality Act.
More details here.
On November 21, UW joined over 100 other higher education institutions in filing an amicus brief in the Washington Alliance of Technology Workers Union vs. U.S.
Department of Homeland Security (Washtech) litigation. The amicus brief was filed by the Presidents’ Alliance on Higher Education and Immigration, and affirms support for Optional Practical Training (OPT). OPT is an invaluable component of American higher education and greatly contributes to the US economy. The full brief can be found here.
The Supreme Court of the United States (SCOTUS) will hear oral arguments for Department of Homeland Security v. Regents of the University of California (18-587). Consolidated with similar cases, the Court will hear arguments related to the Administration’s decision to end the Deferred Action for Childhood Arrivals (DACA) program. Considered one of the major cases of this term, the arguments before the justices will concern two key issues;
While the Court will hear arguments today, a decision is not expected until the Spring of 2020. To hear the oral arguments, SCOTUS posts the audio file each Friday following the arguments. The audio may be accessed here.
For a deep dive round up of how the case might be argued and rule, the SCOTUS blog has a round up here.
Federal Relations is monitoring the progress of the case and the federal responses on DACA closely and will continue to provide updates.