ICE SEVP Guidance Litigation

On July 6, 2020, in spite of a rebounding COVID-19 pandemic, U.S. Immigration and Customs Enforcement (ICE) issued guidance indicating it would issue a regulation in the coming weeks that would expel international students who are only enrolled in online courses for Fall 2020. Under the guidance, international students enrolled in all online classes for the fall would have to switch their classes to ensure a mix of in-person and online classes, or if attending a college that plans to “operate entirely online” would have to switch to another institution using a hybrid model or fully in-person courses, or be subject to deportation. International students seeking to enter the U.S. to attend a college or university that is only operating online for fall 2020 due to COVID-19 would be barred from entering the country.

On July 10, 2020, the Presidents’ Alliance led 180 institutions in filing an amicus brief in federal district court litigation in support of rescinding the guidance.