Dear Unnamed,
Another historic week for NAFSA and a win for international education! On September 14—just one day before the final rule ending Duration of Status and imposing other academic restrictions was due to take effect—the U.S. District Court granted nationwide preliminary relief. This prohibits the Department of Homeland Security and U.S. Immigration and Customs Enforcement from implementing the rule while the case continues. Yes!!!
As NAFSA Executive Director and CEO Fanta Aw said in a joint press statement, “The court’s nationwide preliminary relief is an important step toward preserving a fair and predictable system for international students and scholars and the institutions that welcome them. International educators already work diligently with the federal government to ensure compliance with U.S. immigration law. At a time when countries around the world are competing for talent, the United States should be strengthening our ability to attract the best and brightest, not creating new barriers to it.”
This is definitely cause to rejoice! Especially as good news has been hard to come by recently. As encouraging as this news is, we recognize the government could appeal, and they have 60 days from the ruling to do so. The lawsuit may not conclude for quite some time. But you can be sure NAFSA is working hard to make this relief permanent!
As I indicated in last week’s issue, Congress is taking notice and taking action. On the same day that relief was granted, Senators Dick Durbin (D-IL), Richard Blumenthal (D-CT), Alex Padilla (D-CA), and Sheldon Whitehouse (D-RI), all members of the Senate Judiciary Committee, introduced a Congressional Review Act (CRA) resolution of disapproval to overturn the DHS rule, with additional Senate cosponsors joining the effort. Representatives Pramila Jayapal (D-WA-07), Jamie Raskin (D-MD-08), Sam Liccardo (CA-16), and Lizzie Fletcher (TX-07) are leading the House version. The resolution gives Congress an opportunity to exercise its own authority over the regulation and determine whether this major change in immigration policy should stand. View Senator Padilla’s press release. Keep your letters to Congress coming! (see below).
In other rulemaking news, the proposed rule that would institute a new fee tied to Optional Practical Training has cleared review and is likely heading to the Federal Register soon. We will keep you posted.
Lastly, NAFSA joined 44 other organizations in signing the comment letter led by the American Council on Education on proposed changes to the Department of Education’s accreditation rules. In addition to expressing concerns about the proposed rule, the letter argues for a longer comment period and greater stakeholder representation in the process. Comments are due on or before September 21.
WHAT YOU CAN DO:
Take an exhale. Credit our judicial system for its integrity. And use your voice!
Best,
Erica
Erica Stewart
Senior Director, Advocacy & Strategic Communications
NAFSA: Association of International Educators
