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ICE Bars New Foreign Students From US If Classes Are Fully Online (axios.com) 150

An anonymous reader quotes a report from Axios: U.S. Immigration and Customs Enforcement issued a release on Friday barring new international students from entering the U.S. for their fall terms if their courses are entirely online. "In accordance with March 2020 guidance, nonimmigrant students in new or initial status after March 9 will not be able to enter the U.S. to enroll in a U.S. school as a nonimmigrant student for the fall term to pursue a full course of study that is 100 percent online," ICE said Friday. "Additionally, designated school officials should not issue a Form I-20 to a nonimmigrant student in new or initial status who is outside of the U.S. and plans to take classes at an [Student and Exchange Visitor Program]-certified educational institution fully online."

Several U.S. colleges and universities have announced plans to hold most or all classes online because of the coronavirus pandemic. Many universities rely on tuition from international students, and the directive could dissuade some foreign students from enrolling this coming semester. The rule won't affect international students already enrolled at American colleges and universities.

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ICE Bars New Foreign Students From US If Classes Are Fully Online

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  • I think the colleges went to court. International students pay full tuition which makes it possible for many US colleges to operate.

    • Slightly different case. That was for existing students. This is for new ones.
      • by mark-t ( 151149 )
        It's the same human rights violation as the other case though: discrimination based on nation of origin - an explicitly protected class.
        • by Q-Hack! ( 37846 )

          It's the same human rights violation as the other case though: discrimination based on nation of origin - an explicitly protected class.

          So much wrong with this...
          1) Nation of origin is not a protected class. Race is a protected class. Please don't conflate the two. This isn't only allowing Germany but disallowing Japan. This is disallowing all foreign students.
          2) This isn't even a human rights violation, as they can easily obtain college education from their own country or possibly another country.

          I don't agree with the action taken by ICE, but lets not go full retard here.

        • Immigration and visas are not a "human right" in any court or constitution that I know of. It's a legal privilege, one extended as a mercy for refugees or as an investment for scholars and business people.

          • by mark-t ( 151149 )
            Immigration and visas are not, but nation of origin is an explicitly protected class with regards to discrimination laws.
            • I assume you're referring primarily to the Civil Rights Act of 1964, which was a quite amazing law and should be taught as a vital part of American legal and social history. It's fascinating law, I highly recommend reading the actual law rather than an analysis of it. It's visible at https://www.govinfo.gov/app/de... [govinfo.gov] .

              This protected class is _related_ and a useful guideline in evaluating the enforcement of visas and immigration policy. But they don't make immigration a right nor do they make denying it a hu

    • by Solandri ( 704621 ) on Friday July 24, 2020 @06:58PM (#60328247)
      It was rescinded for foreign students already in the country. This new policy only affects new students who haven't yet started classes, so haven't entered the U.S.

      From the standpoint of student tuition, it shouldn't make any difference to the college or foreign student. If the coursework is 100% online, it makes no difference whether the student does it from their home country, or from an apartment in the U.S. Either the online-only coursework is worth the full tuition and it makes no difference to the student, or it's not worth it and the school should be refunding some of the tuition. If the latter, then yeah colleges are going to have to figure out how to get by on less income. Just like all the other businesses in the country dealing with the pandemic. Nothing entitles them to an exemption from the laws of pandemic economics.

      From a political standpoint, you can argue that this policy discourages students who wished to attend a U.S. college partly to get to live in and possibly gain citizenship in the U.S. Which defeats the purpose of these visas existing. The student visa and H-1B visa programs were created for the express purpose of attracting talented and skilled foreigners to immigrate and become U.S. citizens, to counteract a brain drain in the 1970s and 1980s (there was a net emigration of talented and skilled U.S. workers to other countries). But I can't think of any valid economic argument against this policy.
      • by JoshuaZ ( 1134087 ) on Friday July 24, 2020 @07:11PM (#60328305) Homepage
        The problem is that this is going to result in more economic damage to the areas these students would live in. Furthermore, even if a student has all online classes, doing them in a timezone drastically different than the one they are living in will make classes much more difficult. Imagine being in Beijing and having to take classes running say on US East coast time.
        • by ghoul ( 157158 ) on Friday July 24, 2020 @08:33PM (#60328495)

          Do your classes from the Bahamas. Same time zone. Liberal tourist visa policies. Take your classes from the beach. Get a US degree without having to deal with US cost of living.

          • Solution doesn't translate, nor does it scale.
          • As nice as this idea is the Bahamas have a damn high cost of living, much higher than the USA.

            • by ghoul ( 157158 )

              Replace with appropriate Caribbean island with low cost of living. Though I wonder how a tourist destination has high cost of living. Tourism depends on cheap labor and you dont get cheap labor in high cost of living areas.

              • Replace with appropriate Caribbean island with low cost of living.

                Good luck finding one.

                Though I wonder how a tourist destination has high cost of living. Tourism depends on cheap labor and you dont get cheap labor in high cost of living areas.

                That is not even remotely true. Tourism actually heavily drives up cost of living. Tourism brings in rich foreigners willing to spend good money. Tourism puts pressure on accommodation and raises land value and house prices. Tourism increases restaurant demands, raises food prices and raises service costs (e.g. go to a restaurant in a tourist area vs out of town).

                You can see that in many classic examples: Greece has a very low cost of living, oh except Athens, and capital cities on the

                • by ghoul ( 157158 )

                  Mass tourism and boutique tourism are different animals. Mass tourism is built on thousands of cheap hotel maids, dishwashers, janitors, drivers, landscapers. Not many high cost cities have tourist economies. I am not saying there are no tourists in high cost cities but the tourism sector is hardly ever more than 5% of the economy in say a San Francisco or a New York whereas in a true tourist destination the tourism sector can often be 90% of the economy.
                  Maybe the Caribbean is a Boutique tourism destination

        • by kenh ( 9056 )

          You don't understand - the school campus is closed, there are no on-campus classes, it makes no sense to pay money to be in an apartment/dorm/fraternity/sorority next to a closed campus.

          You can't go to class.

          You can't go to the library.

          There are no in-person lectures.

          The cafeteria is closed.

          The dorms are shuttered.

          The Student Center is closed.

          There are no sports.

          These regulations ONLY APPLY if the foreign student is trying to get a visa to be next to a closed campus.

          If the labs are open, if they have even a

          • So first of all, campuses aren't only the things directly run by the schools. For example, people living in an area buy groceries, or will order take-out. Second, nothing in your reply deals with the second issue I mentioned which is the main reason this is a deep problem even when restricted to new students. Since you missed that, and felt a need to reply with all caps, I'll just repeat what I wrote above: Furthermore, even if a student has all online classes, doing them in a timezone drastically differen
      • But I can't think of any valid economic argument against this policy.

        Among the many arguments against this is the fact that college isn't limited to taking classes. There's hands-on experience in the laboratory, there's face to face consultations with faculty and TAs, there's an environment which encourages learning, there are your peers who are going through the same things and with whom you may collaborate, etc. All of this can be done within social distancing rules, even if they're not packing a lot of people into classrooms.

        If you're only interested in economic argume

        • Everything you just mentioned can be done on zoom whether you are in NYC or London or Moscow except the hands on. Well, no one is getting hands on with the campus closed.

          Maybe they can all go live in Puerto Rico and be online students. Pretty sure they have a time zone in common with USA and it's certainly got to be cheaper to live their then most USA cities.

          Go live in Mexico and be an online student. Fuck, pay more and go to Canada for all I care.

      • Student must pay for food, housing, other services, disposable income, party , books, etc... etc... All that money is gone if you state the student for online course must stay in his home country, so not only the University suffer. IMO for a president which pretend to be business oriented, to miss that is utterly funny. As for adding more potential infected people : the country the student comes from would be at risk when they come back from the US...
        • by kenh ( 9056 )

          Your analysis is flawed.

          Student must pay for food, housing, other services, disposable income, party , books, etc... etc... All that money is gone if you state the student for online course must stay in his home country, so not only the University suffer. IMO for a president which pretend to be business oriented, to miss that is utterly funny.

          Harvard will be 100% virtual for at least the fall semester - will every US student attending Harvard virtually pack up their belongings and head to Cambridge to rent an apartment, arrange for internet service, stock a kitchen and settle into their new apartment knowing the campus and every facility on it are closed?

          Why would you do that? The dorms are closed, the cafeterias are closed, where will the on-campus students live?

          At home, accessing their classes on-line.

          And any returning

        • Umm, what part of Online only don't you understand. Most of the Americans they were on campus are now at home with their parents. They aren't in apartments down the street. So nothing about the local college communities matters when you talk about foreign students showing up or not, because no one is showing up.

          Hence if you aren't already in the country, you have zero reason to come here if the main focus of your coming is online only.

          It's like the entire set of people arguing for foreign students to come l

    • by kenh ( 9056 )

      Many universities rely on tuition from international students,

      International students pay full tuition which makes it possible for many US colleges to operate.

      The difference between a foreign student's tuition bill and a US citizen's tuition bill is zero, as far as revenue collection is concerned.

      Domestic (US Citizen) students pay published tuition rate, which is lowered by an amount equal to any federal monies the school collects.

      International students do not have the federal government subsidies, so they pay the published tuition rate plus they pay an amount equal to any federal monies the school otherwise would have collected.

      Both students pay the same amount.

      • by ghoul ( 157158 )

        You have no idea of how US colleges operate. Instate tuition is 50% of out of state tuition. Foreign students are also not eligible for any of the grants and scholarships the college makes from its own funds. Colleges are not paid any "monies" by the federal govt. Federal govt may pay certain grants to students who then use it to pay their already reduced in-state tuition. But the in-state tuition would be much higher if there were not foreign students paying the out-of-state tuition.
        Further foreign student

  • Just make some bulls**t class for foreign students to take in person, and offer it with one student to a classroom, spread across the entire campus. Make it count for credit, but not count towards your degree program. Let the faculty distribute handouts physically to every room, so that there can be some legitimate reason for the students to be there, and then teach it from the comfort of their office desks. And you're done.

    • by DogDude ( 805747 )
      I agree. That's what all universities are going to do. No university is going to turn down a high performing, full-tuition paying university student. Not only would it be bad in the short run financially, but the long term consequences would be disastrous for the universities and for the country as a whole.
    • Charge them for useless classes, get every penny out of it, got it.
    • Or just do labs, just give everyone a hazmat suit.

      • This is the answer. Come up with some classes that require unusual but reasonably priced lab equipment that the students can't get access to at home. Then you have a legitimate reason why they need to be here.

        • So Basket Weaving 101 but using Cannabis leaves - controlled substance hence the lab has to be done in a secure location.

          • I suspect that would be a popular class.

          • by kenh ( 9056 )

            Or they could just open up the campus. You really are trying to hard - the issue is 100% virtual, 80% virtual, and a PE class in-person is fine,

        • It doesn't even have to be unusual. Fume hoods, centrifuges, stirrers, microscopes, incubators, Western-Blott systems are hardly unusual, but who has space at home for all that? Electrical engineering on the other hand requires expensive high end equipment - signal generators, vector network analyzers, spectrum analyzers, oscilloscopes. High end oscilloscopes can cost in excess of $400k.

          • Even a bunsen burner. You can get one on eBay for about £10, but getting a gas line installed to use it is not so easy.

            • by kenh ( 9056 )

              Even a bunsen burner. You can get one on eBay for about £10, but getting a gas line installed to use it is not so easy.

              Seriously stupid comment - you can't figure out how to get a gas line installed in your house?

              You are trying too hard, to get new international students on campus, all universities need to do is offer a class, any class, in their course work on campus - no need for exceptional hardware requirements to "justify" student visas, just open up a classroom for American Lit 101 with an in-class option, and you are good.

              • The local building code doesn't allow me to have a gas line installed in the type of property I live in.

        • by kenh ( 9056 )

          But you forget, the issue is the universities ae planning on keeping their campus closed, only opening say the science labs and only for international students would be seen as extortionist and possibly discriminatory. Kinda like if the school said "we have a special class, offered only to black students, and unlike every other class you have to be on campus to attend, and BTW it doesn't count toward their graduation." Its obviously wrong when you use the word "black", but what about "French", or "African",

          • by dgatwood ( 11270 )

            Of course, the class would also be pass-fail, and wouldn't count towards your GPA, either. The decision of whether or not to actually attend the class is, as always, left up to the discretion of the student. And no one has ever failed the class. Now do you understand?

    • Yep. Weekly tutorial classes. Every Friday afternoon. Review the week's classes. Bring your own bottle.
      • by kenh ( 9056 )

        So in your mind the university, which has closed it's campus out of an abundance of concern about COVID-19 will ask international students to meet in a classroom for a pointless class, putting their health at risk and pointing out the school could open, but chose not to (if it's safe for foreign students, why isn't it safe for US students?).

    • by kenh ( 9056 )

      I suspect there are laws against creating sham classes to get around federal visa regulations - and the penalty is a loss of federal assistance, acces to federal money for research projects, etc.

      • by dgatwood ( 11270 )

        Prove it's a sham. The class is offered. The facilities are provided. The students attend (or skip, as students are wont to do), and the professor assigns a grade based on the work that the student has turned in. It meets the legal criterial for visa requirements, because it is a class that is offered only on-site. Neither the reasons for the decision to offer it only on-site, nor the nature of the class are up to the federal government to second-guess.

  • The new drinking hot spots!
  • If the law should be changed then Pelosi and McConnell need to fix it. That is what they were elected to do. It's the President's job to enforce the law.

    If the law is unclear then go from there.

    • by kenh ( 9056 )

      Trump is enforcing existing law, a law passed by congress and signed by Bush'43.

  • I have wondered in the past why there are no decent distance education universities in the USA, such as UNISA, Open University, or Athabasca. The US addiction to physical travel and foreign student spending is really weird. It is like the Internet was never invented by Al Gore.
    • by kenh ( 9056 )

      The US addiction is networking and keg parties.

      Education is about fourth or fifth on the list of priorities for most students, getting a degree from the right school, knowing the right people, those are the motivators.

    • Lab work is very difficult to do well remotely, for those of us who studied the physical sciences. Wholesale cheating also becomes much more difficult to prevent with online courses.

  • Foreign students are wealthy, they bring money into the country. They pay taxes, they don't steal jobs and they are a GDP net benefit to the country.

    • Other then expenditure taxes, like sales tax, what taxes do they pay if they aren't stealing jobs? Normally if you don't have a job, you aren't paying taxes beyond sales tax. People that have jobs or otherwise invest money into the market pay taxes.

      They do bring money into the local markets, but only when the local market is open for business. Once the schools are open for business, we will welcome them back into the country. Until then, it's safer for them to remain at home.

  • What I gather from the comments is that Republicans are evil and racist because Democrats want to continue a thinly veiled IQ-based immigration policy?
    • by Ksevio ( 865461 )

      Well basically Republicans want to prevent all immigration because they don't want foreigners while Democrats think there should be reasonable paths to immigration, among them are student visas

  • It makes sense if you are a foreign student that currently resides in a foreign country. You are an incoming student that wasn't here in the spring. During this time of coronavirus, travel is indeed restricted. If the university you are attending is online only for the fall, you are literally missing nothing but the chance to catch coronavirus.

    As for the foreign students already here; they are already here. They should stay in place and do online school like everyone else. No reason for them to take corona

  • by dcw3 ( 649211 )

    Please explain why this is a bad thing. And if you're one of those people who believe we shouldn't have any immigration control, please don't bother. The US already allows more immigrants than any other nation on the planet. If you want to come to the US, get a visa, or immigrate through the legal process like my grandparents and my wife...I did the paperwork, it's not that hard.

"Out of register space (ugh)" -- vi

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