On July 13, CGS joined 71 higher education organizations on an amicus brief filed in a federal district court regarding Harvard and MIT's lawsuit challenging ICE's July 6 guidance on international students and online education. 

On July 6, the Student and Exchange Visitor Program operated by the U.S. Immigration and Customs Enforcement (ICE) issued guidance modifying temporary exemptions for international students receiving online instruction from U.S. institutions during the COVID-19 pandemic. By limiting the ability of institutions to change the modes by which courses are delivered in response to evolving local and regional health concerns, the new guidance severely undermines the capacity of colleges and universities to best serve students. Per the latest guidance, new visas will not be granted to international students, nor will they be permitted to enter the United States, if they are enrolled in a school/program that is fully online for the Fall semester. Further, individuals on F-1 and M-1 nonimmigrant visas could face removal if they receive their full course load via online instruction while in the U.S., even if the decision to convert to fully online instruction later in the year is deemed essential due to the pandemic. ICE states that students must either “take other measures” such as transferring to another institution with in-person instruction or risk leaving the country.

“Notwithstanding the academic, emotional, financial, and logistical nightmare this creates for students who find themselves in this situation, this proposed guidance flies in the face of carefully weighed decisions being made by institutions to ensure that the health and safety of the campus community remain a top priority,” said Suzanne Ortega, president of the Council of Graduate Schools. “While there is tremendous uncertainty and a complete lack of clarity about the full intent and implementation of these modifications, the impact on both the current and future international graduate student pipeline and our member institutions will be substantial. This Administration’s persistent punitive policies hindering international students are extremely distressing and detrimental to our standing in the world. This is not who we are. This is not what we stand for. We strongly urge the Administration to immediately reconsider its current proposal and ensure international students can safely continue their education without fear of being forced to leave.”

On June 26, CGS sent comments to Senate Help, Education, Labor and Pensions Committee Chairman Lamar Alexander (R-TN) in response to his June 9 white paper titled “Preparing for the Next Pandemic." The Chairman's white paper addressed five recommendations for future preparation based on the U.S. response to COVID-19. Among CGS's recommendations are further investments in the National Institutes of Health and other relevant research agencies that bolster work in university laboratories and directly contribute to treatments and cures. CGS also notes that support for mental health services for those impacted by COVID ought to be included in future policy proposals.

On June 22, the White House published an executive order extending its original April 22 proclamation to suspend immigrant visas (green cards) and halting certain work visas through December 31, 2020. The proclamation does not impact F-1 or M-1 visas or the Optional Practical Training Program. CGS has prepared a summary on the relationship between the two executive orders.

On June 18, in a 5 to 4 decision, the Supreme Court deemed the Trump Administration’s move to end the Deferred Action for Childhood Arrivals (DACA) program unlawful. CGS applauds the high court’s ruling to uphold DACA, which will provide immediate relief for the over 650,000 individuals who have DACA status (“Dreamers”). 

“This marks a victory not just for Dreamers, but for our communities and our nation, as a whole,” said Suzanne T. Ortega, president of the Council of Graduate Schools. “With so many Dreamers enrolled in our colleges and universities, ensuring they are able to remain in the United States— the country they call home— means they will continue to serve as vital members of their campuses and the communities in which they learn and work. A growing number of these hard-working and passionate individuals are pursuing graduate education. These are our future public servants, researchers, and leaders. If we want to be a nation that values liberty and justice for all, longer term solutions are needed. We have and will continue to stand with them.”

While the Supreme Court’s decision safeguards DACA from immediate repeal, it does not permanently protect Dreamers. Ultimately, Congressional action is needed to enact legislation that provides Dreamers a pathway to citizenship.

On June 15, following the Senate Health, Education, Labor, and Pensions Committee unanimous approval of Dr. Sethuraman “Panch” Panchanathan’s nomination to become the Director of the National Science Foundation (NSF), CGS joined the Coalition for National Science Funding (CNSF) in a letter urging Senate Leadership to oversee an immediate full Senate confirmation vote for Dr. Panchanathan’s nomination.

On June 2, Congressman Steve Stivers (R-OH) led a Dear Colleague letter signed by 20 of his House Republican colleagues to Secretary of State Mike Pompeo and Acting Secretary of Department of Homeland Security Chad Wolf demonstrating the powerful contributions of international students to the U.S. and urging preservation of Optional Practical Training (OPT).

CGS Supports the Endless Frontier Act

On June 1, CGS sent letters to House and Senate lawmakers endorsing the Endless Frontier Act (H.R. 6978/S. 3832). Introduced by Representatives Ro Khanna (D-CA) and Mike Gallagher (R-WI) and Senators Chuck Schumer (D-NY) and Todd Young (R-IN), the legislation provides significant investments in the National Science Foundation with an expanded focus on new technology. Funding for additional fellowships and traineeships would support undergraduate and graduate students.