In recent days, the Trump administration has launched an aggressive campaign targeting international students studying at colleges and universities throughout the United States.
These attacks escalated Thursday last week when the administration first announced that it would be halting Harvard University’s ability to enroll international students by revoking their Student and Exchange Visitor Program (SEVP) certification—a certification that is necessary for U.S. schools to enroll and issue Forms I-20 to F and M international students.
The move sent shockwaves throughout the academic community because it meant Harvard could no longer enroll foreign students, and its more than 7,000 existing international students would be required to transfer or lose their legal status in the United States.
According to the Secretary of the Department of Homeland Security Kristi Noem, such drastic steps were taken due to Harvard’s alleged failure to comply with Student Exchange Visa Program (SEVP) regulations, as well as “encouraging and allowing antisemitic and anti-American violence to rage on its campus and coordinating with Chinese Communist Party officials on training that undermined American national security.”
Less than 24 hours later, Harvard filed a lawsuit in federal court requesting and obtaining a temporary restraining order to block the Trump administration from cutting off its ability to enroll foreign students. The judge found that absent the court order, Harvard would “suffer immediate and irreparable injury.”
Today, that same judge granted Harvard a preliminary injunction extending Harvard’s ability to maintain its SEVP certification intact while the lawsuit moves forward in federal court. This action effectively protects Harvard’s students and allows them to remain in the United States.
Department of State Orders Embassies and Consulates to Halt Student Visa interviews
In an act of retribution, on May 27th Marco Rubio, the Secretary of the Department of State (DOS), sent an internal cable titled “Action Request: Expanding Screening and Social Media Vetting for Visa Applicants –Part 1,” ordering U.S. Embassies and Consulates to temporarily suspend new visa applications for F, M, and J visas until it has issued further guidance to Consular officials expected “in the coming days.” Such guidance is expected to include expansion of social media screening and vetting for student and exchange visa applicants.
Politico was the first to report this news and reviewed a copy of the leaked cable which states in part:
“Effective immediately, in preparation for an expansion of required social media screening and vetting, consular sections should not add any additional student or exchange visitor (F, M, and J) visa appointment capacity until further guidance is issued septel [separate telegram], which we anticipate in the coming days.”
A government official speaking on anonymity told AP reporters that the interview suspension is intended to be temporary and does not apply to student and exchange visa applicants with scheduled visa interviews.
When asked questions about the internal cable Department Spokesperson Tammy Bruce refused to provide further details in a recent press conference with reporters.
What does this mean for F, J, and M Visa Applicants?
At this time, it is unclear what measures the State Department will be taking to enhance social media vetting, because no guidance is yet available. What is known is that interviews for new student visa applications (F, J, and M) will remain suspended until further notice.
Applicants who already have interviews scheduled may experience delays in visa processing due to internal policy changes that are in flux pending their implementation at Embassies and Consulates worldwide.
Students who wish to apply for visas in the near future should consult with an attorney to understand how any policy changes may impact them.
Those who had their SEVIS records wrongfully terminated and restored as a result of litigation should also seek legal counsel.
Trump Announces Aggressive New Assault Targeting Chinese Students
To make matters worse, in an unprecedented announcement made yesterday May 28th the U.S. Department of State announced new visa restrictions targeting Chinese students, aimed at enhancing national security and reducing China’s foreign influence in the United States.
The announcement states:
“Under President Trump’s leadership, the U.S. State Department will work with the Department of Homeland Security to aggressively revoke visas for Chinese students, including those with connections to the Chinese Communist Party or studying in critical fields. We will also revise visa criteria to enhance scrutiny of all future visa applications from the People’s Republic of China and Hong Kong.”
China makes up the second-largest group of international students in the United States, causing tremendous cause for concern for Chinese students and nonimmigrants working in critical fields.
We expect the administration’s actions to trigger an avalanche of lawsuits in federal court. Such sweeping restrictions will impact a broad segment of Chinese students and professionals working in the United States, including researchers, scientists, and tech workers that have helped the United States become a global leader in scientific and technological innovation.
It is unclear how quickly the State Department and the Department of Homeland Security will move to cancel the visas of affected students, or whether China will take retaliatory actions against the United States.
This is a developing story. More information will be provided once it becomes available.
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Helpful Links
- POLITICO: Trump team pauses new student visa interviews as it weighs expanding social media vetting
- DHS Announcement: Harvard University Loses Student and Exchange Visitor Program Certification for Pro-Terrorist Conduct
- Harvard Files for Preliminary Injunction In Lawsuit Against DHS
- Judge blocks Trump administration’s effort to bar Harvard from enrolling international students
- DOS Announcement: New Visa Policies Put America First, Not China
- U.S. Supreme Court lets Trump end deportation protection for Venezuelans
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