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Court Rules in Favor of Students Against USCIS

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.

 

Higher Ed. Associations Support OPT in Letter to State Dept.

Various higher education associations addressed a letter, dated December 9th, 2019, to Assistant Secretary of State for Educational and Cultural Affairs Marie Royce expressing concerns about the future of OPT. UW is a member of the Association of Public and Land Grant Universities (APLU) and Association of American Universities (AAU), which both signed the letter circulated by the American Council on Education. The letter requests that the State Department Bureau of Educational and Cultural Affairs meet with the Department of Homeland Security and relevant agencies to affirm the future of OPT and address long visa processing times.

Executive Order on Antisemitism

President Trump has signed an executive order aimed at tackling antisemitism on college campuses. The order gives Jewish persons special protections under Title VI of the Civil Rights Act, which is enforced by the Department of Education. Under statute, Title VI only gives protection for race, color, or national origin. In a press statement at a White House Hanukkah event, President Trump said colleges would be ineligible for federal funds if they “traffic in anti-Semitic hate”.

Education Dept. Considering Financial Aid Changes

At a conference in Reno, NV the Department of Education revealed that they are considering some significant changes to student financial aid. The first is that they would give colleges the authority to limit how much debt a student takes on. This would be done at “experimental” college sites. They claim this would shift some of the burden from the federal government onto colleges. Additionally, they are proposing changes which would allow debt to be converted into an income-share agreement or other private, third-party mechanism. A student could potentially end up owing a percentage of future earnings to a third-party, rather than directly to the Department of Education. They also want to introduce “incentives” for students who progress quickly through their program. While the specifics are still murky, we will continue to monitor the situation.