Beautiful Virgin Islands

Friday, Sep 04, 2026

Trump administration drops plan to deport foreign students taking online-only classes amid coronavirus pandemic

International students will be allowed retain their US visas even if taking college classes remotely. Federal judge in Massachusetts announces settlement of lawsuit originally brought by Harvard and MIT

The US government has rescinded a directive that would have stripped visas from thousands of international students whose courses are offered online only, it was announced on Tuesday, ending a week-long stand-off between American academia and President Donald Trump’s administration.

The move came after dozens of universities, tech firms and US states joined Harvard University and the Massachusetts Institute of Technology in trying to block the new policy.

“I have been informed by the parties that they have come to a resolution of the combined … preliminary injunction motion,” Judge Allison Burroughs of the Massachusetts District Court said in a hearing that lasted about two minutes.

Guidance for international students “will return to the status quo as established by the March 9, 2020, policy directive … and will preclude the enforcement of the July 2020 policy directive and frequently asked questions on a nationwide basis,” she said.


On July 6, the US Department of Homeland Security (DHS) and its Immigration and Customs Enforcement (ICE) division announced its intention to rescind the right of international students to remain in the US while taking online-only courses – an allowance granted in March in response to the coronavirus pandemic – although the agency had not published the change ahead of Tuesday’s hearing.

ICE signalled the rule change as many universities, including Harvard and MIT, announced plans to keep their courses online only because of health concerns. ICE had given universities offering remote instruction only nine days, until Wednesday, to register “operational change plans”.

Schools offering a hybrid of online and in-person instruction would have had to issue certifications by August 4 for each international student remaining in the US for such a curriculum to guarantee they are taking the minimum number of in-person courses.

“Despite the administration’s claims that it had lawful discretionary powers to end student visas for those attending online courses this fall, it has rescinded those guidelines with as much advanced notice as when it announced it,” said Diane Hernandez, an immigration lawyer at the firm of Hall Estill.

“The administration was likely motivated to rescind the policy, either by the huge number of new lawsuits it faced from several universities and state institutions, or due to the idea that implementing such a measure in an already tumultuous election year could be detrimental to the president’s re-election efforts,” she added.

In legal briefs filed to Burroughs before the hearing, Harvard and MIT argued that ICE’s move was “capricious” because its main intent was to force schools to reopen, and that it violated a law meant to protect businesses from arbitrary decisions that could adversely affect business operations.

“Today’s action demonstrates the importance of international students to the United States and shows that together with one voice, all of higher education, the business community and many others across our nation are making it clear that these students continue to be welcome here,” Ted Mitchell, president of the American Council on Education, said shortly after the hearing.

“We are enormously gratified that Harvard University and MIT, as well as many states and other colleges and universities, took immediate legal action to force the Trump administration to rescind its wrong-headed directive that would have prevented students attending US institutions operating online during this global pandemic from remaining in or coming to our country.”

The disruption the directive would have caused – not only for international students, but also for communities where they spend on housing and other expenses – prompted a deluge of amicus briefs and additional lawsuits assailing ICE for trying to force schools to open classrooms while coronavirus cases in the US continue to rise.

“In-person instruction offered only for the purposes of meeting this arbitrary directive risks sacrificing the health and safety of students, faculty and staff – and, indeed, our states more generally,” Massachusetts Attorney General Maura Healey said in a complaint filed on behalf of her state, 17 other US states and the District of Columbia.

“Losing the presence – and in many cases the enrollment – of international students would result in the loss of invaluable perspectives and contributions by these students, hundreds of millions of dollars in foregone tuition as well as fees for housing and other services, and hundreds of billions of dollars in revenue for our states’ economies,” Healey said.

Trump, along with US Secretary of Education Betsy DeVos, has been pushing for the reopening of schools at all levels as a way to counter the economic turmoil and unemployment caused when most states enacted social distancing rules to slow the spread of Covid-19.

Many of those states, including California and Florida, are now reversing their reopening plans – closing restaurants, cinemas and fitness clubs – as infection numbers rise.

The federal government’s defence team, led by US Attorney Andrew Lelling, contended in their pre-hearing briefs that ICE had warned that the March allowance was subject to change and was not subject to the Administrative Procedure Act, which calls for public participation in the formulation of government agency rules.

Some 44 per cent of US universities and other post-secondary educational institutions are planning to be fully online, offering a hybrid model or have not yet decided how they will run the upcoming academic year, according to The Chronicle of Higher Education.

Still, the government’s decision to backtrack on ICE’s directive may have come too late to avoid headaches for some students.
“Harvard, MIT and their students face irreparable injury if the directive is not enjoined,” William Lee, one of the lawyers representing the schools, said in a brief filed a few hours before Tuesday’s hearing. “Indeed, they face such injury right now: the government is enforcing the directive at airports and consulates across the world, turning students away because they attend universities that have made the considered decision to offer instruction online this fall.”

An amicus – or “friend of the court” – brief filed on Monday by 59 universities on behalf of Harvard and MIT’s complaint detailed some of these instances.

“On July 8, 2020, a DePaul University student returning from South Korea was prevented from entering the country at the San Francisco airport on the ground that he had not yet registered for classes – and thus could not establish that at least some of his coursework would be in-person,” the court document said.

“Amici have received reports of other students who likewise have been told they will be unable to obtain visas until their schools comply with the July 6 directive,” it added. “Accordingly, nationwide relief is needed now.”

Rice University President David Leebron agreed, telling CNN as news of the legal settlement broke that the ICE move was “cruel”.

“We thought the original rules that were suggested were cruel and misguided and didn't serve our universities, didn’t serve our students and frankly didn’t serve our country,” he said.

Esther Brimmer, executive director of NAFSA: Association of International Educators, said uncertainty created by the ICE’s moves means the US government will need to work to revive confidence among students that they are welcome in the United States.

Last week’s ICE directive “put university administrators in the position of weighing the deportation of valued members of their campus community against the public health risks of holding in-person classes. We are heartened to see the guidance put to rest”.

“While this is a positive outcome, we cannot ignore the damage inflicted by the perception of the July 6 guidance – the administration was willing, until this guidance was rescinded, to force international students to choose between maintaining legal immigration status and what is best for their health and safety,” she said.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
TSA Unveils Major Airport-Security Overhaul as It Drops Gold+ Privatization Plan
CIA Chief Warned Russia Against Attacking NATO in Secret Moscow Mission
Raheem Sterling Charged With Dangerous Driving After Lamborghini Crash
The Secret Dolly Parton Kept Until Her Death: "She Was Much Sicker Than She Let On"
Glacier Collapse, Not Earthquake, Triggered Deadly Nepal-Tibet Flood
Turnbull Warns AUKUS Could Leave Australia Without Promised Nuclear Submarines
California Billionaires Pour More Than $150 Million Into Fight Over Proposed Wealth Tax
German Broadcaster Goes Dark to Warn AfD Could End Its Saxony-Anhalt Service
Badenoch Plans Major Shadow Cabinet Reshuffle as Tories Struggle in Third Place
Prime Minister Andy Burnham to Give Ukraine Classified Storm Shadow Blueprints for Domestic Missile Production
UK Graduate Job Vacancies Plunge 45% to Lowest Levels on Record
Iranian Hackers Shut Down British Power Plant for Four Days in Landmark Cyber Attack
Novak Djokovic Reveals Relentless Self-Doubt and Rejects Retirement in New Documentary
Trump Imposes 50% Tariffs on Canadian Goods After Bilateral Trade Talks Collapse
Australia Combines Indigenous Fire Knowledge With Satellite Tech to Combat Catastrophic Wildfires
Father and Son Jailed in Scotland Over £900,000 Airport Cannabis Smuggling Operation
UK Fraud Reports Surge Sevenfold as Criminals Exploit QR Codes in Parking Meters and Phishing Emails
Brighton Thrash Aston Villa in Four-Goal Opening Half as Manchester City Trail Bournemouth
Erin Patterson Appeals Triple Murder Convictions After Hotel Mixed Sequestered Jury With Prosecution
The rise and fall of Hui Ka Yan, China’s richest man
Woke: Britain Considers Plain Packaging for Cigars as Specialist Shops Warn of Industry Collapse
Britain's Public-Service Productivity Remains Below 2019 as £80 Billion Output Gap Fuels WFH Debate
Mandelson Epstein Case in Jeopardy as U.S. Files Stay Out of Reach
Prince Harry and Six Others Ordered to Pay £9.5 Million After High Court Defeat
Petrol Bombs Set Luxury Cars Alight Outside Birmingham Wedding as Police Hunt Three Men
Bitcoin Surges Toward $80,000 as Short Squeeze and ETF Inflows Ignite Crypto Rally
Twenty-Nine US States Take Meta to Trial Over Alleged Child Addiction on Instagram and Facebook
Former Scottish National Party Executive Peter Murrell Jailed for Five Years Over £400,000 Embezzlement
Moderna and Merck's Personalized Cancer Vaccine Succeeds in Historic Late-Stage Melanoma Trial
Prince Harry and Meghan to Move Back to Britain With Their Children
England and Wales Have Fewer Than 1,800 Prison Places Left for Men
Suspected People Smuggler Arrested After Investigation Identified Him
Children's Doctors Warn That Vaping Can Lead Young People to Smoking
Hundreds of Thousands of Students Receive GCSE and Vocational Results Across England, Wales and Northern Ireland
Here Is What Can Never Happen in Your Country: Taiwan Is Giving Money to All Its People Because It Collected Too Much Tax
UK Inflation Rises to 2.9% as Energy Bills Jump
UK Issues New Conduct Guide for Asylum Seekers on Consent and Respect
A Sleepless Night on Wall Street: Nasdaq to Begin Nearly Round-the-Clock Trading
"The First in the World": 69-Year-Old Protested Artificial Intelligence—and Went to Jail
Ukraine's Ousted Defence Minister Calls for Wartime Presidential Election
China’s Lifelike AI Humans Move From Livestreams Into Real-World Service Roles
Sarah Ferguson Reportedly Retreats to Late Ex-Boyfriend's Swiss Chalet
Cristiano Ronaldo and Georgina Rodríguez Sign Prenup Protecting Their Separate Fortunes
Thieves Steal Antonello da Messina Renaissance Masterpieces From Sicilian Museum
Better.com Founder Who Fired 900 Employees on Zoom Is Ousted as CEO
Italian Speed Camera Issues Nearly 32,000 Fines in 10 Weeks, Worth More Than €3 Million
AI Manager at San Francisco Store Recommends Firing Human Employee
Google Launches Pixel 11 With Gemini AI at the Center of Its Hardware Strategy
Reform UK Unveils Plan to Cut Welfare Spending by More Than £50 Billion a Year
Prime Minister Andy Burnham Praised Extinction Rebellion for Doing a 'Great Service'
×