Trump’s Administration Backs Down on International Student Policy

Katya M. Rodriguez
got equity?
Published in
6 min readJul 15, 2020

Over the last few months, the education world has been unpredictable. In the midst of a global pandemic, K-12 districts and higher education institutions are developing plans for reopening schools in the Fall 2020. There are many questions that remain unanswered due to the uncertainty of the COVID-19 virus and its vaccine progress. Since there is a lot of ambiguity, many policies are being revisited and modified while others are being created and implemented. Earlier this month, the Trump administration proposed a federal policy declaring that international students would need to leave the country if they were enrolled in online-only coursework this upcoming semester. On July 14, 2020, the administration backed down and rescinded their proposal after settling on a lawsuit, granting victory to over one million international students in the U.S.

This article provides a brief overview of the potential impacts this policy could have wielded and what it took for this administration to change course.

Prevented Policy Impact

Upon reading the Immigration and Custom Enforcement’s (ICE) statement, my initial thought was that their intention is merely to prevent non-citizens from being in the country, thus perpetuating xenophobia. It is no secret that the president continuously pushes for ethnocentric policies and this is simply another instance of such behavior. After further review, it became clear that in addition to being discriminatory, this policy would have significantly impacted the country. Here are three impacts that I believe were prevented by not implementing this policy.

Economic Impact

The administration’s current push to reopen is largely due to their belief that this action is vital to stimulating the economy and by rescinding this policy, the U.S. avoided losing billions of dollars. The Institute of International Education showed that in 2010, international students brought about $20-billion dollars to the economy, $35-billion dollars in 2015, and over $50-billion in 2017, meaning that today’s numbers are exponentially higher. Keeping our doors open to foreign students ensures that we will maintain their business thus improving our economy.

Public Health Impact

ICE claimed that they modified their policy in order to confront COVID-19 and to “help detect and slow the spread of the virus.” The Centers for Disease Control and Prevention (CDC) states that “the best way to prevent the illness is to avoid being exposed to the virus” and they suggest avoiding close contact with people who live outside of one’s household. ICE’s rescinded policy required that students attend in-person classes, which meant that they would’ve been in a room with many people who live outside of their household. Therefore, we most likely prevented a COVID-19 outbreak and potentially shortened the state of the pandemic in the United States.

Student Impact

Most importantly, we have to acknowledge the impact that this policy would have had on students. The pandemic, on its own, is causing a dramatic increase in anxiety and depression levels, a shift of professional plans, a negative impact on student performance and much more. Implementing this policy would have increase students’ challenges and trauma, such as:

  • Returning to unsafe countries — including war, poverty and toxic households
  • Experience a lack of resources, such as electricity or healthcare
  • Risking being exposed to COVID-19 at airports
  • Encountering closed borders and not having a place to go
  • Encountering country restrictions that prevent students from returning to the U.S.

The implications of this policy change could have been chaotic for the economy, the state of the pandemic and the lives of many students who chose to come to the United States to earn an education. Fortunately, the Trump administration realized their mistake and took it back.

What It Took

Since this statement was released, colleges and universities throughout the United States voiced their disagreement with such a policy and took action against it. Harvard University & the Massachusetts Institute of Technology (MIT) filed a lawsuit against the Department of Homeland Security and ICE for its proposed policy. There were a total of eight federal lawsuits, over two-hundred court briefs supporting the initial lawsuit and resistance from many more universities. Individual professors at various institutions created independent study courses and students all over the country created courses specifically designed for international students. Many stakeholders in higher education institutions were concerned about this sudden, unexpected release and quickly took action in response. Additionally, there were several petitions going around in support of international students.

As we can see from this policy retraction, the current administration has proven that they took quick action, without ensuring they are following the law, as stated by a lawyer in the Harvard & MIT lawsuit, Maura Healey.

MA Attorney General celebrates winning the lawsuit

Conclusion

After several federal lawsuits, petitions and continuous push from students, professors, local/state representatives and most importantly, higher education institutions, the Trump administration rescinded its proposed policy. International students can now breathe and be certain that they will be allowed to stay in the country — at least for now. This is not the first time the administration suggests implementing this type of ethnocentric policies and based on previous efforts, it is very probable that a similar policy will be proposed in the near future.

On another note, I find it interesting that all it took was a lawsuit from some elite, well-known higher education institutions and within one week, the Trump administration immediately retracted. This makes me wonder about the power play and how the system works. How many more people in power do we need in order to fight against the administration for them to stop separating families or keeping children in cages? We need to continue to push until they retract every other untenable policy they have in place and develop more equitable, human-centered approaches to addressing America’s immigration system.

Edit: ICE confirmed that incoming college students, or freshmen, who are enrolled in online-only courses will need to stay in their home country this upcoming semester. See their statement below:

In accordance with March 2020 guidance, nonimmigrant students in new or initial status after March 9 will not be able to enter the U.S. to enroll in a U.S. school as a nonimmigrant student for the fall term to pursue a full course of study that is 100 percent online. Additionally, designated school officials should not issue a Form I-20 to a nonimmigrant student in new or initial status who is outside of the U.S. and plans to take classes at an SEVP-certified educational institution fully online.

GET LIT: What to Read, Watch, & Listen

This section includes what our Equity Architects are currently reading, listening to, and/or watching.

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*Available in Book & Audible versions.

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Katya M. Rodriguez
got equity?

Orgullosa Mexicana | Immigrant | First Generation | Data Storyteller | Seeking to improve the education world | Research & Evaluation Partner@Equity Institute