The leaders of Harvard University and the Massachusetts Institute of Technology are now asking the federal courts to block the Trump administration’s ban on international students from being in the United States to attend the Cambridge institutions because most classes will be held online this fall.
In a lawsuit filed Wednesday in US District Court in Boston, the universities are seeking a temporary restraining order that would put the Immigration and Customs Enforcement policy on hold for 14 days. In court papers, the universities said they relied on the DHS policy from March that allowed foreign students in the US to remain and to allow new students to arrive this fall.
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But the Trump administration issued new rules Monday banning foreign students if classes are being held mostly online.
“If allowed to stand, ICE’s policy would bar hundreds of thousands of international students at American universities from the United States in the midst of their undergraduate or graduate studies,‘' the schools wrote in the court papers. “ICE’s decision reflects a naked effort by the federal government to force universities to reopen all in-person classes notwithstanding their informed judgment that it is neither safe nor advisable to do so. The effect — perhaps even the goal — is to create chaos for schools and international students alike.”
The universities have asked the federal court to schedule a hearing on their request Wednesday while they push for the courts to permanently block the order from taking effect.
The Globe reported Wednesday that there are 77,000 international students with active US study visas in Massachusetts and another 32,000 in the rest of New England. The state ranks fourth nationwide for its number of foreign students, and Northeastern University, with 16,000, ranks third in the country. California has the most foreign students, 185,000.
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In court papers, Harvard and MIT said that for some students, like those from Somalia and Ethiopia, they cannot attend classes online in their home countries because civil unrest makes Internet access unlikely at best. Some students face “conditions of social unrest, economic instability, or other threats to their continued safety” if forced to return home.
“Others might be drafted in their home countries, might face threats or abuse based on their sexual orientation, or might not be able to access mental health treatments,‘' the universities argued.
The universities also insisted the administration’s abrupt change in policy was in violation of federal law and contended the students would suffer irreparable harm if the rule is allowed to remain in place.
“The harm to Plaintiffs and their students from denying a temporary restraining order pending consideration of the issues far outweighs the government’s interest in going back on its word due to its single-minded desire to deny the pandemic conditions and reopen everything, no matter the health risk,‘' they argued, according to court papers. “The Directive is also contrary to the public interest because it arbitrarily and capriciously hinders universities’ efforts to reduce the chance of community spread of COVID-19.”
This is a developing story and will be updated.
John R. Ellement can be reached at john.ellement@globe.com. Follow him on Twitter @JREbosglobe.
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Harvard, MIT sue to block Trump move to bar foreign students from US if classes are online - The Boston Globe
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