Dear Friend,
First of all, Happy Volunteer Week! NAFSA’s Regional Advocacy Representatives, Regional Chairs, and Advocates of the Year all play key roles in growing the advocacy movement around international education policy priorities—and make it look fun and inspiring while doing it! We are incredibly grateful for the volunteer support of NAFSA’s advocacy programs all year round.
And sometimes we get to celebrate a win (though we can’t declare victory yet). In a hearing for a lawsuit questioning the legality of SEVIS record terminations, a Department of Justice (DOJ) attorney said in court today: “ICE is developing a policy that will provide a framework for SEVIS record terminations. Until such a policy is issued, the SEVIS records for plaintiff(s) in this case (and other similarly situated plaintiffs) will remain active or shall be reactivated if not currently active.”
This meshes with what some international educators have shared: that some of their students’ SEVIS records have been reinstated. While this is no doubt encouraging news, we have reason to be cautious. As Heather Stewart (no relation) and I describe in a new NAFSA blog post, we must be clear about what this statement by the DOJ lawyer means and what it doesn’t, especially as we have not seen a formal announcement by ICE yet.
- The attorney’s statement refers only to SEVIS records terminated by ICE. It does not speak to the student visas that were revoked. There has been no comment so far from the State Department regarding any revoked visas being reinstated.
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The statement only applies to SEVIS records that were terminated “solely based on the NCIC finding.” NCIC is the FBI National Crime Information Center, a database that may be accessed by local, state, and federal law enforcement agencies. This leaves open the possibility that SEVIS records that were terminated for other reasons would not be reactivated.
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We have not seen the end of ICE-generated SEVIS record terminations. The statement says, “ICE is developing a policy that will provide a framework for SEVIS record terminations.”
Be sure to read the blog for more context. You can be sure we will keep you informed and remain engaged as we learn more.
Meanwhile, we continue to receive reports of international students either having their visa revoked and/or their record in SEVIS terminated, though the pace has slowed to a trickle. Our tally is now at nearly 1,500 and our analysis continues to show that students of all backgrounds are being affected and institutions of all types and locations are as well.
As I shared last week, this issue has attracted the attention of Congress. U.S. Senator Richard Durbin (D-IL) has extended the deadline for adding new signatures to his sign on letter to Monday, April 28. If you haven’t yet encouraged your senators to sign on, it is not too late! The letter will be sent to leaders of DOS, DHS, and ICE, seeking clarity on the number and nature of the SEVIS record terminations and visa revocations, as well as a release of new guidance so that students and institutions are able to see the standards that are driving these actions.
The other big development this week is that the Bureau of Educational and Cultural Affairs was spared in the State Department reorganization that was announced on Tuesday. While this is also good news, as Fanta Aw, NAFSA executive director and CEO said in response, “We remain concerned about the future staffing and funding of the programs within them. Media reports indicate that the White House will send a rescission package to Congress in the coming days, and we anticipate the president’s budget will be released in May. Both of these present potential challenges to the funding of essential and time-tested international education and exchange programs.”
As ever, we will keep you posted.
WHAT YOU CAN DO NOW
Thank you kindly.
Best,
Erica
Erica Stewart
Senior Director, Advocacy & Strategic Communications
NAFSA: Association of International Educators
