ICE Reinstates March Guidance Prohibiting Certain New Students Entry
The Department of Homeland Security’s U.S. Immigration and Custom Enforcement Agency (ICE) issued a press release
confirming its reinstatement of the March 9 policy directive and
the March 13 addendum (collectively known as the March 2020 guidance), governing previously enrolled nonimmigrant student visas. The March 2020 guidance allows for online study for certain nonimmigrant student visa holders. The reinstatement of the March 2020 guidance replaces the July 6 directive. The reinstatement was done in accordance with an agreement made in federal court between ICE and Harvard University and the Massachusetts Institute of Technology (MIT).
On July
8, Harvard University and MIT filed a lawsuit against ICE, arguing that the July 6 directive violated the Administrative Procedures Act and requesting a temporary restraining order. The parties reached an agreement that required ICE to rescind the July 6 directive and the July 7 Frequently Asked Questions, which provided additional explanation of the July 6 directive. The agreement also required a return to the status quo that was reflected in the March 2020 guidance and moot the motion for a temporary restraining order.
In the press release announcing the reinstatement of the March 2020 guidance, ICE noted that the March 2020 guidance applies to nonimmigrant students for the fall semester. The guidance applies to nonimmigrant students who were actively enrolled at a U.S. school on March 9 and are otherwise complying with the terms of their nonimmigrant status, whether from inside the United States or abroad. However, the guidance does not extend to nonimmigrant students who are “new” or “initial” students and who would be taking their classes 100% online while physically in the United States. These new or initial students would not be issued a visa for the fall semester.
It remains to be seen if schools will challenge the March 2020 guidance.