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Re:MIT and Harvard file suit against new ICE regulations by eric_b on Wednesday July 08, 2020 @02:00PM (#23772491)
I spent 45 minutes this morning trying to get to the bottom of this whole thing - as usual there is more nuance to this than presented.

- For as far back as I could find, students that wanted to qualify for a student visa to study in the US could take at most one online course per semester. The rest of the coursework had to be in-person.

- Starting in the spring of this year, the SEVP program (part of ICE) created exemptions so students could continue to stay in the US even though universities had moved entirely online. These exemptions were for Spring and Summer and universities were awaiting the rules for Fall.

- As of Monday, they are changing the exemptions. They are allowing any number of online classes, but with the caveat you have to have at least one in-person class.

- If you are already in the US you have to leave if your university is online-only. [This is the part that feels punitive and particularly onerous to me]

What is interesting to me is the framing of this. The new exemptions are still more flexible than the pre-existing student visa policy (which has been around through both Democratic and Republican administrations as far as I can tell). So on the one hand it's actually an improvement. On the other hand I think most of these universities were hoping the full exemption would continue as COVID is still very much a thing.

Re:MIT and Harvard file suit against new ICE regulations by burkaman on Wednesday July 08, 2020 @02:20PM (#23772712)
It is not an improvement, it's a punishment for universities being responsible. The outcome is worse for everyone involved, including anyone who lives near a college.

"At least one in-person class" doesn't make any sense. Either in-person classes are safe, and the rules can go back to pre-pandemic, or they aren't, and forcing students and professors to attend them is dangerous and cruel.

There is no legitimate justification for this. There's no slippery slope issue or anything, everybody accepts that these rules will go back to normal once it's safe to do so.

Re:MIT and Harvard file suit against new ICE regulations by DuskStar on Wednesday July 08, 2020 @02:44PM (#23772974)
The perspective of ICE is that there's no legitimate justification for someone to be in the US if they're only taking online courses.
Re:MIT and Harvard file suit against new ICE regulations by burkaman on Wednesday July 08, 2020 @02:59PM (#23773130)
Well, I can give one. These students fully expected to attend in-person classes, paid for them in full, paid to get to America and get housing for that purpose, will attend in person again as soon as it is possible.

Why can't they go home for one semester?

1) It's expensive. Flight home, rent for a US apartment they no longer occupy, potential rent for a new apartment at home, flight back here next semester. Where is a student supposed to get $5000+ to deal with this?

2) They need good internet access (and a laptop) wherever they're going. Not guaranteed, and not something the university can easily provide.

3) Timezones. Many classes are synchronous and discussion-based. Not only do you need internet good enough to support video calls, but you need to be awake at the same time as 15 other people in however many timezones.

4) It might be illegal. What if you're from China or Iran and your school uses G Suite for Education? Or they use Zoom, which is banned in 6 countries. Participating in your classes would be illegal. Can the university switch their entire infrastructure to a new platform in a couple months to support a few students for one semester for arbitrary reasons?

5) It might be unsafe. Not all students have a safe and stable place to go.

6) It achieves nothing. Literally no benefit for anyone. If you expect these students to come back in a semester or two, there is no point.

Re:MIT and Harvard file suit against new ICE regulations by pera on Wednesday July 08, 2020 @03:21PM (#23773313)
I am not sure if many people are aware of this fact but even flying can be quite difficult right now: if for instance you need to go back to Argentina it can take literally months until you are able to successfully book a flight (and this it with some help of the local embassy), and they all depart from Miami so you also have to figure out how to get there first. After that, once you get to Buenos Aires, you have to quarantine for two weeks in a specially designated hotel room. A good friend of mine passed through all this and it was pretty stressful.
Re:MIT and Harvard file suit against new ICE regulations by mithr on Wednesday July 08, 2020 @04:38PM (#23773976)
Also, it might not be actually possible -- or at least be quite risky for the student. Whenever you enter the US, border agents have almost unlimited authority as to whether you are allowed in, especially as a student. Speaking as someone who's spent years going through this process, every time you have to enter the states, even if all your paperwork is in order and there are zero rational reasons for you to be denied entry, you're still worried about it. Some border agents are friendly and let you through quickly, and some grill you like you're trying to forcefully invade their country. I had a friend (who was on a work visa, not even a student one) who taught English as a Second Language at a US high school, who was told by a border agent that she's lucky he's letting her through this time, because they shouldn't allow foreigners to teach English at American schools.

That's not to even mention that when you're on an F-1 student visa, you can legally renew it while remaining in the US even while the visa stamp in your passport has already expired. But once you leave the US, you have to have a valid visa stamp in your passport in order to reenter, even if you already have a valid F-1 visa document approved and signed by all the right people. This means that, in your home country, you'll need to make an appointment, spend hours lining up at the US embassy (if they're even open due to COVID), then go through the interview process (which you have to repeat every single time you renew your passport visa stamp) in order to get that stamp reissued.

Once, after already having spent years in the US on a student visa, I was actually turned back during that interview because the particular consular officer on duty that day decided that I needed to provide a detailed printed transcript of my American high school experience. I had to leave the interview, schedule a second appointment, and have the printed transcript ready at that time. All of this is to say that not only would requiring students to go through this process simply because their universities aren't offering physical classes during COVID will not only cause intense stress, but also will probably result in some students not making it back into the country for arbitrary reasons.

Re:MIT and Harvard file suit against new ICE regulations by 3001 on Wednesday July 08, 2020 @10:00PM (#23776276)
Yeah, its funny how people think they can understand the nuance of other people situation by just spending 45 minutes "digging" into it.

I see this same thing everywhere. From race issues to out of touch boomer tech managers and PM's.

Re:MIT and Harvard file suit against new ICE regulations by lr on Wednesday July 08, 2020 @04:16PM (#23773786)
You forgot one:

7) Lost rent to the landlord in the college town, and their ability to fill the apartment/room (doubtful).

Re:MIT and Harvard file suit against new ICE regulations by burkaman on Wednesday July 08, 2020 @04:33PM (#23773928)
Of course, there's many more.

- Lost reputation (if there's any left) among embassies that will have to work to repatriate these students for no reason.

- Lost business at supermarkets, bookstores, cafes, whatever else.

- Many students are probably just going to transfer to a college that's holding in-person classes rather than deal with this, putting them in danger and disrupting their education.

- Lost societal contributions from future college graduates who may no longer want to live and work in this country.

- Massive waste of government resources as ICE agents try to deport people to countries that aren't accepting flights from America.

- Waste of everyone's resources as the government and universities work through this inevitable court case.

- Loss of future international students who are now seeing an example of how arbitrary and capricious the US government can be that hits a little too close to home.

- Endangering the lives of faculty and students and neighborhoods of every college that is now forced to hold in-person classes because they can't afford to sue the United States government and don't expect this lawsuit to succeed.

- Waste of fossil fuels for completely pointless international flights.

- etc. etc. etc.

Re:MIT and Harvard file suit against new ICE regulations by adrianmonk on Wednesday July 08, 2020 @04:36PM (#23773965)
The justification is that it was already decided that, for whatever reason(s), there was a benefit to allow these students to study in the US. They were given a spot at a university that could have gone to someone else, and resources have been expended on getting them through the process toward graduation.

If we create obstacles or burdens that stand in the way of completing that education, it serves to jeopardize the returns on the investment we've made.

If it was in the US's best interests to let them start, it's in the US's best interests to give them best odds of finishing. Let them choose whether or not to return to their home country as best fits their individual situation.

Re:MIT and Harvard file suit against new ICE regulations by yostrovs on Thursday July 09, 2020 @08:43AM (#23779553)
The interest is purely in the benefit of universities charging full rate of most international students.
Re:MIT and Harvard file suit against new ICE regulations by ouid on Wednesday July 08, 2020 @02:59PM (#23773126)
I think that just being in the same time zone as your school makes a pretty big difference.
Re:MIT and Harvard file suit against new ICE regulations by alchemism on Wednesday July 08, 2020 @03:43PM (#23773509)
Any remote worker at a 'distributed' company would heartily agree.
Re:MIT and Harvard file suit against new ICE regulations by sigzero on Wednesday July 08, 2020 @02:55PM (#23773092)
I would agree with that justification.
Re:MIT and Harvard file suit against new ICE regulations by jychang on Thursday July 09, 2020 @04:04AM (#23777982)
> "At least one in-person class" doesn't make any sense. Either in-person classes are safe, and the rules can go back to pre-pandemic, or they aren't, and forcing students and professors to attend them is dangerous and cruel.

This sounds ridiculously reductive, and too black and white.

"Either driving a car is safe, and you shouldn't need to apply safety rules, or they aren't, in which case driving a car is cruel".

There is no such thing as completely safe, only levels of risk, and how you mitigate risk. You can still catch a disease even if you wore a N95 mask, for example. There is a reason why essential groceries stores are open during the pandemic, while barbershops are closed. It's about how you manage the risk/reward balance. Starving is not an option, whereas not getting a haircut is.

Well, some classes clearly work better online than others. You can teach a webdev class online. Would you want someone who is learning to become a surgeon to learn purely online and without hands-on experience? Some other classes, like biology labs, chemistry labs, etc produce a lot more value in person.

This means that in order to manage risk, a university could implement a strategy where it reduces the number of in-person classes as much as possible, but still have some in-person classes (with added social distancing and other safety rules).

This doesnt mean international students should be forced to leave the country if they are not taking an in-person class, for example. But I don't think it means universities should be prevented from allowing in-person classes if they take precautions and understand the risk.

Re:MIT and Harvard file suit against new ICE regulations by burkaman on Thursday July 09, 2020 @10:02AM (#23780323)
> This doesnt mean international students should be forced to leave the country if they are not taking an in-person class, for example. But I don't think it means universities should be prevented from allowing in-person classes if they take precautions and understand the risk.

?

Nobody is being prevented from holding in-person classes if they want to. And yes, international students being forced to leave the country is what we're talking about.

This rule has nothing to do with risk/reward balance or picking which classes benefit most from in-person interaction. The driving analogy would make sense if students were being forced to drive one hour a week without a seatbelt for no reason in order to remain in the country.

Re:MIT and Harvard file suit against new ICE regulations by mathdev on Wednesday July 08, 2020 @03:26PM (#23773356)
> Either in-person classes are safe, and the rules can go back to pre-pandemic, or they aren't, and forcing students and professors to attend them is dangerous and cruel.

Actually, in-person classes are completely safe and this is a gentle nudge from the federal administration to make the universities reconsider their (completely political) decision to not resume normal classes this Fall.

Re:MIT and Harvard file suit against new ICE regulations by the_benno on Wednesday July 08, 2020 @03:31PM (#23773407)
This is an awfully confident statement that is unsupported by available evidence on covid transmission and health risks. On what basis do you say that in person classes are completely safe when reopening of indoor spaces has led to massive upticks in infections across much of the US?
Re:MIT and Harvard file suit against new ICE regulations by SamReidHughes on Wednesday July 08, 2020 @11:39PM (#23776722)
It is certainly confident, but it is also supported -- modulo "completely" -- by our understanding of how effective masks are supposed to be, and infection rates in certain other (mask-wearing) countries.
Re:MIT and Harvard file suit against new ICE regulations by burkaman on Wednesday July 08, 2020 @03:28PM (#23773384)
There's nothing I can say to this argument. Good luck out there, and please be kind to your neighbors who are still wearing masks and staying home.
Re:MIT and Harvard file suit against new ICE regulations by tehjoker on Wednesday July 08, 2020 @03:29PM (#23773394)
Next time the government threatens to arrest you and throw you out of the country, let me know if you consider this "gentle".
Re:MIT and Harvard file suit against new ICE regulations by UncleMeat on Wednesday July 08, 2020 @02:20PM (#23772715)
> This is the part that feels punitive and particularly onerous to me

But that's the part that people are upset about. People aren't angry that there exists a policy to prevent students of fully online universities from getting visas.

People are upset that because it is completely reasonable for a traditional brick-and-mortar university to run classes 100% online this coming semester (e.g., Harvard) and that suddenly a bunch of students who are attending Harvard and have been doing so for years are forced to leave the country on a moment's notice.

What nuance is there? The original exception (you can take 100% online classes) was thoroughly reasonable given the pandemic and the new updated policy is completely unreasonable. It only harms people and benefits no one.

Re:MIT and Harvard file suit against new ICE regulations by v_throw on Wednesday July 08, 2020 @02:59PM (#23773122)
What you are also discounting for is that once the student exits the country, they are caught in the quagmire of securing a stamping to reenter. Given the stance the current administration has taken around virtually all consular appointments/stampings, these students might as well consider their chances of returning to the US to pursue their respective degrees to be close to zero.

Also my understanding is that the criteria for being allowed to stay doesn't differentiate on the level of the degree. For instance, Phd students who have completed their course work but are busy working on their thesis and building their publishing record are royally screwed. I expect a number of transfers of some of the best and brightest to research universities in Canada and Europe. I personally witnessed how much of a boon the mistreatment of Iranian students by the US govt. was to universities in Canada. They got some of the best and brightest who would have otherwise been gobbled up by top schools in the US.

I expect a massive and permanent exodus of foreign students to other countries with more pragmatic policies in place.

Re:MIT and Harvard file suit against new ICE regulations by ulucs on Thursday July 09, 2020 @01:45AM (#23777270)
Hasn't the thesis "course" always been "in person"? I don't see how this change affects the PhD candidates in any way.

I also find it funny that you bring up Canada as Canadian schools openly discriminate against international students thanks to government policies.

Re:MIT and Harvard file suit against new ICE regulations by sigzero on Wednesday July 08, 2020 @02:58PM (#23773110)
If you are taking 100% online classes there is no reason to have or need the VISA. The exception being for things like COVID etc. Those should be exceptional circumstances.
Re:MIT and Harvard file suit against new ICE regulations by strstr on Wednesday July 08, 2020 @03:06PM (#23773187)
This definitely doesn’t make sense to me. Time zones are going to be a huge issue. If a coworker told me they were going to work from an asian/european timezone, we could try to make it work, but it’s definitely a hassle. The story is no different for universities and their courses.
Re:MIT and Harvard file suit against new ICE regulations by mithr on Wednesday July 08, 2020 @04:50PM (#23774094)
Please explain your plan for what happens the following semester, once in-person classes resume, and these students are stuck abroad until such time that they are able to renew their visa stamps (which is a notoriously expensive, long process that can result in denials for completely arbitrary reasons).
Re:MIT and Harvard file suit against new ICE regulations by JamisonM on Wednesday July 08, 2020 @03:04PM (#23773174)
It seems like the framing is entirely fair.

Any reasonable administrative body would look at the circumstances involved in this and do the thing that would disrupt lives the least for the benefit of everyone involved.

"So on the one hand it's actually an improvement."

This seems kind of silly.

Re:MIT and Harvard file suit against new ICE regulations by eric_b on Wednesday July 08, 2020 @03:12PM (#23773233)
The universities knew this was a possibility. They want to charge full tuition (particularly to their international students who account for a disproportionate share of revenue) and go online-only with no consequences. I'm not sure that's entirely reasonable either.

From my experience, distance learning isn't really worth very much. This applies to K-12 as well as university. I think it's entirely reasonable to expect in-person classes in the Fall if you're paying full tuition. We expect our grocery store workers to show up and do their jobs during COVID, I think it's reasonable to expect the same of university faculty.

Re:MIT and Harvard file suit against new ICE regulations by JamisonM on Wednesday July 08, 2020 @07:34PM (#23775440)
Ok, but what does that have to do with the immigration status of their students?
Re:MIT and Harvard file suit against new ICE regulations by casefields on Wednesday July 08, 2020 @11:38PM (#23776715)
If everyone shows up like normal this conversation is moot. Isn't that obvious?
Re:MIT and Harvard file suit against new ICE regulations by JamisonM on Thursday July 09, 2020 @07:28PM (#23786461)
Legitimate students are being forced to leave the US because of remote classes.

Remote classes are not as good as in person classes.

These two things are unrelated.

If the students choose not to continue their education because the quality is degraded by remote learning, that is an entirely different matter.

Re:MIT and Harvard file suit against new ICE regulations by UncleMeat on Wednesday July 08, 2020 @06:36PM (#23774969)
Sure. Universities are megacorporations that aren't exactly doing it for charity. They charge an arm and a leg and online education sucks by comparison. I'd like to see universities slash their tuitions for the online system.

Literally none of that makes it okay to evict people from the country under this policy. This isn't about the Trump administration standing up for students against universities. This is about the Trump administration shitting on immigrants.

Re:MIT and Harvard file suit against new ICE regulations by newen on Wednesday July 08, 2020 @03:37PM (#23773452)
It's not typically attending the classes themselves that are the benefits of going to college. It's working with other students on homework, projects, etc., networking, socializing.
Re:MIT and Harvard file suit against new ICE regulations by credit_guy on Wednesday July 08, 2020 @03:56PM (#23773607)
> These exemptions were for Spring and Summer and universities were awaiting the rules for Fall.

I went to the original ICE/SEVP documents and I didn't find any mention that the rules were for Spring and Summer, and not for Fall.

Here they are: March-9 document:

https://www.ice.gov/doclib/sevis/pdf/bcm2003-01.pdf

March-13 document:

https://www.ice.gov/sites/default/files/documents/Document/2...

Re:MIT and Harvard file suit against new ICE regulations by WrongThinkerNo5 on Wednesday July 08, 2020 @03:35PM (#23773440)
The oddest thing about this whole topic, especially in light of the current social unrest in the USA is that people seem to totally miss the fact that Universities, American tech corporations, and the whole American economy is a cynical human resource extraction operation that syphon off the best and brightest to keep the American economy going, where it would have an immensely hard time running otherwise. I see that as the core motivation for the Harvard and MIT lawsuit, keeping the flow of that foreign talent drug flowing, not some kind of emotive narrative about injustice or unfairness.

The American economy and society is essentially a kind of massive Ponzi scheme or con job (short for trick of confidence), where the foreign "human resources" are required to keep the scheme from collapsing. The day that China, India, Europe, Russia, etc. realize that they are being extracted of some of their very most important and valuable resources, their best and brightest, and they cut the USA off; it will cause massive panic and pangs of terror among the US ruling class that needs to keep the flow of fresh supply of the foreign best and brightest to prevent their con job from being exposed.

There is all this talk of slavery and colonialism and resource extraction of the past that has sabotaged and disadvantaged countries and societies and communities. In reality though it never stopped, it only took on a different and largely more profitable form like how a con artist may shift and move around and dissolve and form new companies as needed while the con always remains more or less the same.

The same cynical exploitation and extraction of resources from one society to fuel and enrich another has always remained in place even if the branding, labeling, and narrative around it has changed over time. If people want to "tear down the system of exploitation and abuse" (or however it is characterized) all they would need to do is stop feeding the American economy with their best and brightest, let alone even their hard working manual labor like Central America is doing, who are not available to contribute to developing their own societies because they are busy serving the American corporations to "Make America Great Again".

In reality, the US economy is so riddled with massive holes and flaws that it is like a sieve that requires a constant and ever larger flow of the best and brightest and hardest working and most motivated and driven just to keep the con going. If that were to seize up, if foreign countries and leaders realized how they were sabotaging themselves and stopped fueling the US economy, the energy and economic activity of the USA would immediately start draining out at a dizzying rate.

I would love for someone to correct me if I am looking at this incorrectly.

Re:MIT and Harvard file suit against new ICE regulations by Nasrudith on Wednesday July 08, 2020 @04:18PM (#23773797)
Well for one that viewpoint not only treats countries like people and people like property, disregarding the will of the actors there are many problems with the argument.

1. Benefits and harms are not zero sum, that goes for "elites" and "common people" as well as countries. I thought the Coronavirus already demonstrated this quite well. The "common people" dying didn't benefit the elites nor the elites dying. 2. Even if we accept false premises of value it isn't a Ponzi Scheme. Even if it is an unsustainable demand for talent it wouldn't be a Ponzi Scheme. A Ponzi Scheme lies about generating benefits and instead just redostributes from new to old while escalating recruitment. For it to be a Ponzi Scheme no learning would be taking place, just idea extraction from immigrants and plagerism to attribute it to the professors. To put it mildly that is very counterfactual, akin to suggesting that crowds of thousands of people watching a musician perform is what creates talent and any rando you put up on stage would gain talent faster than if they practiced in an empty concert hall. 3. Just because they are educated abroad and the US benefits doesn't mean their native country is harmed or "harmed". They can and have enriched their native country either when they return or through remittances above what they earn domestically. 4. Source country interests may also be selfish. They may be glad to be rid of those pesky intellectuals with their "western" values of things like equal rights. 5. The entire reason many go abroad to study is because their native country is unable to use their full potential for whatever reason. That is like saying recruiting a subsidence farmer's genius son and training him to be a doctor stole hundreds of thousands of dollars a year from the farmer because the doctor now earns that in the city. At most the farmer lost $400/year from a farmhand's labor.

The entire intellectual frameworks involved are wrong on several levels really.

[dead]
Re:MIT and Harvard file suit against new ICE regulations by joecot on Wednesday July 08, 2020 @02:21PM (#23772721)
Going back to the restrictions in place before COVID, while COVID is still very much a thing, and we haven't even finished the first wave while a second wave rises, is bad. While Conservative administrations are good at finding ways to punish people through neglecting to act as opposed to having to actively take action, this isn't behavior that should be lauded.

The options here are either that the administration is risking lethal consequences for these students out of: 1) incompetence (they forgot to extend the exemptions), or 2) active negligence. Either is exceptionally bad. Whether it was an active decision or not to let these exceptions end, ICE seems almost gleeful to take the opportunity to kick these students out of the country, and ICE is entirely under the control of the executive branch.

Re:MIT and Harvard file suit against new ICE regulations by burkaman on Wednesday July 08, 2020 @02:27PM (#23772794)
If a category 5 hurricane destroyed a university, and then ICE deported international students because they were no longer attending classes in person, do you think that would be news? It's just existing policy, their hands are tied.

Or: why is it news that Trump refuses to wear a mask? Obama never wore one.

Re:MIT and Harvard file suit against new ICE regulations by asciident on Wednesday July 08, 2020 @02:15PM (#23772666)
The difference is a lot of universities are remote only, due to being more concerned about safety. So it's simply not possible for the students to take in-person courses. This was not the case during Obama's years.
Re:MIT and Harvard file suit against new ICE regulations by msie on Wednesday July 08, 2020 @02:55PM (#23773087)
Oh brother, you Trump supporters have no empathy. How can you not see the hardship of kicking out international students who are already here? COVID forcing the closure of universities is not their fault. And what if the universities reopen again in a couple of months as Trump promises? What a waste to leave the country only to have to come back again. You defend Trump saying that the same rule applied during Obama's years but Trump can/does whatever he wants including tear down things setup during Obama. So you have no excuse. You tried kicking out DACA kids but failed. There is a pattern here.
Re:MIT and Harvard file suit against new ICE regulations by joejoeshabadoo5 on Wednesday July 08, 2020 @03:36PM (#23773442)
I didn’t hear a lot of empathy in your argument.
Re:MIT and Harvard file suit against new ICE regulations by DangitBobby on Wednesday July 08, 2020 @09:29PM (#23776127)
You must have missed this:

> How can you not see the hardship of kicking out international students who are already here? COVID forcing the closure of universities is not their fault.