Last week, the U.S. Immigration and Customs Enforcement (ICE) published a rule that would require international students to leave the country if their fall coursework is fully online. During the spring semester, the government instituted a temporary exemption regarding online courses for the spring and summer semesters due to COVID-19. This policy permitted nonimmigrant students to take more online courses than normally permitted by federal regulation to maintain their nonimmigrant status during the COVID-19 emergency. Many institutions have been considering extending distance learning through the fall semester, however, the new rule would have adversely affected international students at schools that decide to deliver coursework online. The rule was immediately met with opposition and lawsuits, many institutions and organizations believed this rule was an attempt to coerce schools into opening in the fall.
During a hearing on Tuesday in the case brought by Harvard and MIT, U.S. District Judge Allison Burroughs said federal immigration authorities agreed to rescind the July 6 rule. With the policy rescinded, ICE will revert to a directive from March that, as mentioned above, suspended typical limits around online education for foreign students. While this announcement brings relief to thousands of foreign students, a senior U.S. Department of Homeland Security (DHS) official told U.S. News that the administration still intends to issue a regulation in the coming weeks addressing foreign students if classes move online.
Sources:
U.S News: In Surprise Move, Trump Administration Reverses Course on Barring Many Foreign Students
NASFAA:Government Rescinds Rule Preventing International College Students From Studying Online
AP News: Trump administration rescinds rule on foreign students