Harvard, MIT Sue ICE Over Student Deportation Plan

CAMBRIDGE, MA — Harvard University and the Massachusetts Institute of Technology filed a federal lawsuit Wednesday challenging a new U.S. Immigration and Customs Enforcement directive to deport international students if they aren't enrolled in at least one in-person class this fall, even if schools switch to remote classes due to the coronavirus pandemic.

On Monday, ICE warned that the U.S. Department of State would not issue visas to students enrolled online for the fall semester. International students would also be barred from entering the United States. Under the order, those students would need to transfer to a school with in-person instruction or leave the country. The deadline for transfer applications has passed at most colleges and universities.

Higher education institutions blasted the directive, even though MIT and several other colleges have already announced plans to offer at least some in-person classes this fall.

"The announcement disrupts our international students’ lives and jeopardizes their academic and research pursuits," MIT President L. Rafael Reif said in a statement.

The 24-page lawsuit, filed in Boston's federal court, accuses the directive of violating the Administrative Procedures Act. The directive is unreasonable, and ICE never gave an opportunity for public comment, the lawsuit said. The lawsuit asks for an injunction that would prevent ICE from enforcing the policy.

"ICE is unable to offer the most basic answers about how its policy will be interpreted or implemented," Reif said. "And the guidance comes after many US colleges and universities either released or are readying their final decisions for the fall — decisions designed to advance their educational mission and protect the health and safety of their communities."

The ICE directive comes amid coronavirus outbreaks in states across the country. More than 300,000 new cases have been reported since July 1. It also coincided with Harvard's announcement that it would keep its classes online this fall.

Both Harvard and MIT have thousands of international students enrolled.

"MIT’s strength is its people — no matter where they come from," Reif said in an email to the school community. "I know firsthand the anxiety of arriving in this country as a student, excited to advance my education, but separated from my family by thousands of miles. I also know that welcoming the world’s brightest, most talented and motivated students is an essential American strength."

Previously:

• Harvard Holding All Courses Online For 2020-21 School Year
• Boston College To Resume In-Person Classes This Fall
• How MA Colleges, Universities Plan To Reopen
• With Shift To Online, International Students May Face Deportation