UC Berkeley

UC Berkeley's Decision to Explore all Options, Legal and Otherwise, to Counter the Department of Homeland Security's New Guidelines that Impact the stay of International Students comes as a Relief

By India Parent Magazine

On July 6, the Student Exchange and Visitors Program (SEVP) modified temporary exemptions for nonimmigrant students taking online courses during fall 2020 semester. Nonimmigrant F-1 and M-1 students attending schools operating entirely online may not take a full online course load and remain in the United States. The U.S. Department of State will not issue visas to students enrolled in schools and/or programs that are fully online for the fall semester nor will U.S. Customs and Border Protection permit these students to enter the United States. Active students currently in the United States enrolled in such programs must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status. If not, they may face immigration consequences including, but not limited to, the initiation of removal proceedings.

Responding to this new guidance to universities related to international students and fall instruction requirements, UC Berkeley's Chancellor Carol Christ in a press release reiterated that the guidance is deeply concerning and that it could potentially force the return of many international students to their home countries if they are unable to find the appropriate balance of in-person and remote classes. These requirements run counter to the UCB's values of being an inclusive community and one that has a long tradition of welcoming international students from around the globe.

"International students enrich campus life immeasurably, through their participation in classes, research collaborations and extracurricular activities," emphasized Christ.

UCB will explore all of their options, legal and otherwise, to counter the deleterious effects of these policies that impact the ability for international students to achieve their academic goals. It is not only important for UC Berkeley but for all of higher education across the U.S. to take every step possible to mitigate these policies that send a message of exclusion to our international community of scholars. UCB will partner with its professional associations to advocate for sound legislation that continues to support international educational exchange.

More immediately, UCB is working with colleagues across its campus to identify a path that will allow them to comply with these requirements while ensuring a healthy learning environment, and paying attention to the needs of their international students. They recognize the concern and anxiety these new rules have created, and they are moving quickly to ensure that they offer the proper balance of online and in-person classes so that their students can remain in the U.S. and satisfy their visa requirements, and that those students residing outside the U.S. can maintain their enrollment status.

Harvard and the Massachusetts Institute of Technology (MIT) have sued the Trump administration over its guidance.

Harvard announced earlier this week that all course instruction will be delivered online, including for students living on campus. The guidance stands to affect approximately 5,000 international students, according to a report in the CNN.

"The order (of the Department of the Homeland Security) came down without notice—its cruelty surpassed only by its recklessness. It appears that it was designed purposefully to place pressure on colleges and universities to open their on-campus classrooms for in-person instruction this fall, without regard to concerns for the health and safety of students, instructors, and others," Harvard University President Larry Bacow is quoted to have said to CNN.