Delaware joins states in suing ICE over order that would deport foreign students if in-person classes are not offered

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Update: The Trump administration rescinded the order. 

Delaware has joined attorneys general from Massachusetts and 16 other states in suing the federal government over a decision that could lead to foreign students being deported. 

The directive from the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement (iCE)  orders foreign students to return to their homelands if they are not taking in-person classes.

Goldey-Beacom College in Pike Creek announced it will move to a hybrid in a classroom, online format to meet the demands of ICE. The college has a large contingent of foreign students. (See the statement from GBC’s president  in this story).

The directive demanded that educational institutions advise the federal government by July 15,  whether they intend to offer only remote courses in the fall semester and to certify by August 4 that each individual student taking in-person classes meets requirements for in-person.

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Four year and post-graduate institutions in Delaware are moving toward a model of online and in-person classes this fall. At the same time, their plans could be derailed if Covid-19 outbreaks continue.

The University of Delaware sent a letter to foreign students with the following passage:

“We understand that you are concerned right now, and you probably have questions about what this means for your status in the U.S. The guidance from SEVP is unwelcome news that is unfair, inflexible, and challenging.

Based on the current guidance, the University of Delaware’s academic plan for Fall 2020 fits into the category of a hybrid course model for SEVP purposes. The guidance for schools with a hybrid model allows F-1 students to take some online courses as long as they maintain enrollment in at least one in-person class. We encourage you to work closely with your academic advisor to enroll in at least one class that will meet in person during the fall semester.”

Dr. Colleen Perry Keith, president of  Goldey-Beacom College offered the following: 

“Goldey-Beacom College values its international students and has been working to keep them safe and in compliance with Student and Exchange Visitors Program (SEVP) regulations since the start of the COVID-19 pandemic.  In March, the College moved to online-only instruction to protect students, domestic and international, and continued with online-only instruction through the summer semester. This was done with SEVP approval and our international students remained safe as they continued to make academic progress.”

Perry continued, “The newest SEVP guidance requiring international students to attend classes in person, or face deportation, is not consistent with the college’s desire to keep them, and our faculty and staff, safe by continuing online-only courses in the fall semester.  The college finds this SEVP guidance short-sighted and potentially harmful.  Nonetheless, to prevent the deportation of our international students, Goldey-Beacom College has pivoted to address this ruling, and is now planning to offer a number of fall courses in a hybrid format, with 50 percent or more of instruction conducted on campus.  This will ensure compliance for our international students. Class seating capacity has been reduced by more than half to allow for proper distancing, and the college is following CDC guidelines for sanitation. Masks will be required for all students, faculty, and staff. The college will strive to keep our international students safe and legal, and we regret that this ruling puts those interests in conflict with one another.”

The attorneys general suit calls the decision, “cruel, abrupt, and unlawful” and comes as colleges and universities are making plans for fall classes. 

The suit claims that ICE offered no rationale for its actions, which come as Covid-19 cases continue to increase around the nation and colleges and universities move to a model that has a schedule of at least some online classes.  

The suit seeks an immediate hearing on the Trump Administration action. 

The administration says students should return to school for in-person classes with threats to withhold federal funds. 

Separately, dozens of universities and colleges filed friend of the court brief  with Harvard University and the Massachusetts Institute of Technology in suing the federal government. Universities in the filing included Penn State, but not the University of Delaware.

A hearing on that suit is slated for today.

Click here for a copy of the lawsuit or see embedded PDF below:

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