New Guide to the Student Exchange Visitor and issued by the Department of Homeland Security United States has stoked anger and confusion of students, faculty and immigration advocates.

The new interim final rule, issued on Monday afternoon, prohibits international students from return or remain in the United States this fall if the colleges they attend adopt instructional models only line in the middle of the pandemic

a growing number of schools -. including Harvard - they have announced that they will reopen its campus in the fall, but conduct classes online. Even with the open campus, international students will be prohibited from studying in the United States under the rule.

"It's just malicious," he said Allen Orr, president-elect of the American Immigration Lawyers Association. Note was taken of the many logistical problems for international students.

"will discontinue anything you may have already been to. You may have already had a lease, "he said. "Even if these universities have online school, some places may be in different times and different time zones."

midsemester models must change instruction schools, returning to the United States could be difficult, Orr said.

"If universities are able to open again - Say there a vaccine or what happens - foreign students would be disadvantaged in their ability to return," he said. "There are not that many flights back to the United States; no many flights within the United States. "

On the other hand, if schools that perform in person instruction this fall move back midsemester online will require international students to leave the country or "take steps alternative to keep your nonimmigrant status, such as transfer to a school with instruction in person, "the rule.

This is a departure from the exceptions put in place during the spring and summer terms, which allow international students residing in the US to take a load of fully online courses and schools transition to online instruction in response to the pandemic of the coronavirus. Over 90 percent of international students chose to stay in the United States in the spring, according to a survey by the International Institute for Education. Should the worsening pandemic, the new rule would not allow such flexibility for students.

Sarah Sprietzer, director of government relations at the American Council on Education, said he expects many institutions try to work around the guidance and for more schools to take hybrid account online and in person instructional models as a result.

The rule makes an exception for students enrolled in schools with a hybrid model this fall. Students will be able to stay or return to the US as long as "the program is not fully online, the student is not taking a full course load line for the fall semester of 2020, and the student is taking the minimum number of online classes required to make regular progress in their curriculum. "

'guidance talks about their specific program," Spreitzer said. "Schools may already have been going down the road where some programs would completely online, but this other program here would have a component in person. So then they'll have to make sure that each program has a component in person. "

Several higher education organizations, including ECA and the Alliance for Immigration Presidents remarks published on Monday strongly condemned the rule and urging the administration to rework Trump position.

"Today's decision by the ICE is just the latest reflection of the xenophobic response and wrong of this administration to Covid-19 pandemic. This requires international students decision to make a cruel choice between either leaving the abrupt country or struggling to find a new program or institution, "wrote Kyle South, policy and advocacy director of higher education and force Young Invincibles work. "Amid a global pandemic, the administration is pressuring colleges and universities - particularly enroll a large number of international students -. Bring students back on campus, while infection rates reach new records "

Immigration lawyer Greg Siskind on Twitter said the rule was essentially a new travel ban for F-1 students, and he said the move could endanger public health.

"If you are concerned about COVID and not reopen soon, should be very concerned about this," he tweeted Siskind. "Schools will open this fall that would otherwise have remained online classes because of the decision of the ICE. Putting the health of all people in danger. "

Orr expects schools to push back hard on the rule.

"There is absolutely no reason underlying this rule. What is the problem? They are paying tuition, enrolled in the school program, they are doing exactly the same as their counterpart students are doing. "

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