- Following ICE’s announcement on Monday that it would revoke visas for international students at schools shifting to online-only formats, a number of colleges and universities have responded.
- While schools like Columbia quickly announced that they would begin offering hybrid models, Harvard and MIT filed a lawsuit against the Trump administration over the policy.
- At the same time, Education Secretary Betsy DeVos said she expects K-12 public schools to be “fully operational” in the fall, and President Donald Trump has threatened to pull funding if they don’t.
Schools Move to Protect International Students
Colleges and universities are scrambling to protect their international students following a controversial move from U.S. Customs and Immigration Enforcement that threatens to deport those students taking only online classes in the fall.
For the Spring and Summer semesters, ICE temporarily eased existing rules that require international students to attend in-person classes and essentially limit them to only one online course each semester. On Monday, the agency announced that it would largely not be extending those flexibilities into fall, though it would still allow international students to take more online classes than normal.
Many schools are afraid to offer in-person classes with the COVID-19 pandemic still sweeping across the country. Because of that, many international students fear they will be deported, and if they are, they could face added difficulty traveling home considering current international travel restrictions, some of which could bar them from their own countries.
In response, Harvard and MIT filed a joint lawsuit against the Trump administration Wednesday in an attempt to seek a temporary restraining order prohibiting the government from enforcing ICE’s policy.
“ICE’s action proceeded without any indication of having considered the health of students, faculty, university staff, or communities…or the absence of other options for universities to provide their curricula to many of their international students,” the suit reads.
In a personal statement alongside the lawsuit, Harvard President Larry Bacow said the university “will not stand by to see our international students’ dreams extinguished by a deeply misguided order.”
Other schools have worked to reassure their international students in different ways. New York University—which has the highest number of international students in the U.S—has stressed that its hybrid program would accommodate most of its international students.
However, it added that the new guidance from ICE “will be disruptive to some who will now be forced to rethink their fall schedules to ensure they include live classes.”
“Additionally, requiring international students to maintain in person instruction or leave the country, irrespective of their own health issues or even a government mandated shutdown of New York City, is just plain wrong and needlessly rigid,” school administration said in its statement on Tuesday.
Also in New York, Columbia University announced that it now plans to organize hybrid classes with both in-person and remote learning opportunities. It will also offer pop-up learning centers for students who can’t return to Columbia.
On the West Coast, Stanford—which had previously announced that it would hold mostly online classes—now said it will support international students. As to what that might look like, it hasn’t yet said.
At the University of California, Berkeley, students are reportedly trying to create a course for international students solely to circumvent this ICE policy. That news came after a student said they had found a faculty member willing to sponsor a class that would be “only for students who are international and need a physical component to remain in the United States.”
However, nothing has been confirmed by the university. For now, such a class remains only speculation. A number of people have also questioned how such a class would be drafted and if it would conflict with immigration fraud laws.
Still, before, that post was ultimately deleted, it was shared over 24,000 times, highlighting the attempts international students are making to try to find some way to remain in the country.
Many of those students are reportedly signing up for any in-person class they can find—even if it’s outside of their major or not a general education requirement. Others are reportedly trying to swap for in-person classes with American students as those classes fill up.
DHS Defends ICE Policy
Kenneth Cuccinelli, acting deputy secretary of the Department of Homeland Security, defended ICE’s policy Tuesday on CNN, repeatedly stressing that the agency was allowing more flexibility than it ever had before. Anchor Brianna Keilar pushed back against those claims, saying that the COVID-19 pandemic in an exceptional situation that requires great flexibility.
“So you’re basically forcing universities to reopen even if they have personally determined that they shouldn’t be doing that for public health reasons?” Keilar asked.
“Oh, we’re not forcing universities to reopen,” Cuccinelli responded, “however, if a university… if they don’t reopen this semester, there isn’t a reason for a person holding a student visa to be present in the country. They should go home, and then they should return when the school opens. That’s what student visas are for, and we want to accommodate that for schools, and we’re working hard to do that.”
Keilar continued to hit back, saying that for some students, they will return home to countries with internet restrictions that might not allow them to appropriately conduct research or work for classes.
In the interview, Cuccinelli also said that this policy was designed, in part, to “encourage schools to reopen.”
DeVos: Schools “Fully Operational” By Fall
In recent days, the Trump administration has become increasingly adamant that public K-12 schools should reopen for the upcoming academic year.
“Corrupt Joe Biden and the Democrats don’t want to open schools in the Fall for political reasons, not for health reasons!” President Donald Trump tweeted on Monday. “They think it will help them in November. Wrong, the people get it!”
Trump continued to push for full reopenings in the fall on Tuesday, specifically criticizing Harvard for its plan to operate fully online.
“I think it’s ridiculous,” he said. “I think it’s an easy way out. I think they ought to be ashamed of themselves if you want to know the truth.”
“We’re very much going to put pressure on governors and everybody else to open the schools,” he added.
“We don’t want people to make political statements or do it for political reasons. They think it’s gonna be good for them politically and they keep the schools closed” — Trump suggests Democrats are using the coronavirus to conspire against him pic.twitter.com/WhBSE8tiOG— Aaron Rupar (@atrupar) July 7, 2020
That idea was further pushed by Education Secretary Betsy DeVos the same day, with DeVos saying, “Ultimately, it’s not a matter of if schools need to open, it’s a matter of how.”
“They must reopen, they must be fully operational,” she added. “And how that happens is best left to education and community leaders.”
DeVos appeared to push for that hardline reopening plan, disavowing hybrid models that suggest students only physically go to school a few times a week.
“A choice of two days per week in the classroom is not a choice at all,” DeVos told governors in a conference call.
“Students across the country have already fallen behind,” she added. “We need to make sure that they catch up. It’s expected that it will look different depending on where you are, but what’s clear is that students and their families need more options.”
DeVos also compared the coronavirus risk to “learning to ride a bike” and being “shot off in a rocket into space,” saying schools “already deal with risk on a daily basis.”
Vice President Mike Pence claimed on that call that if all schools remained closed into the upcoming academic year, the U.S. economy would take a $50 billion hit.
Trump continued to push for reopening schools Wednesday morning, saying he may cut off funding if they don’t open. In a tweet, he compared the situation in the U.S. with that of Germany, Denmark, Norway, and Sweden; however, those countries have all managed to suppress the virus one way or the other.
In a follow-up tweet, Trump went on to say he disagrees with the Center for Disease Control and Prevention’s guidelines to reopen, calling them “very tough & expensive.”
Currently, if a school wishes to reopen, the CDC recommends that desks should be six-feet apart, that groups of students stay together, and that students shouldn’t share objects. It also recommends a hybrid schedule, such as the one DeVos has criticized.
However, it also notes that wearing face masks will likely be challenging for students—especially younger ones—to wear all day.
According to the American Academy of Pediatrics, “More and more data has been coming out around the severity of the illness, and the likelihood of infection for children, both of which are substantially lower than they are for adults.”
It now “strongly advocates that all policy considerations for the coming school year should start with a goal of having students physically present in school.”
The AAP lists several reasons for bringing children back to school, including potential negative impacts such as interruption of support services, as well as difficulty for schools to identify learning deficits, sexual abuse, substance abuse, and depression.
While there is some evidence to suggest children are less susceptible to the virus, it’s not clear how strong that evidence is. Some hypothesize that schools closing in the early stages of the pandemic could have helped to contribute to lower infection rates.
See what others are saying: (The Wall Street Journal) (Forbes) (The Hill)
Biden Calls on Congress To Extend Eviction Moratorium
The move comes just two days before the federal ban is set to expire.
Eviction Freeze Set To Expire
President Joe Biden asked Congress on Thursday to extend the federal eviction moratorium for another month just two days before the ban was set to expire.
The request follows a Supreme Court decision last month, where the justices ruled the evictions freeze could stay in place until it expired on July 31. That decision was made after a group of landlords sued, arguing that the moratorium was illegal under the public health law the Centers for Disease Control and Prevention had relied on to implement it.
While the court did not provide reasons for its ruling, Justice Brett Kavanaugh issued a short concurring opinion explaining that although he thought the CDC “exceeded its existing statutory authority,” he voted not to end the program because it was already set to expire in a month.
In a statement Thursday, White House Press Secretary Jen Psaki cited the Supreme Court decision, as well as the recent surge in COVID cases, as reasons for the decision to call on Congress.
“Given the recent spread of the delta variant, including among those Americans both most likely to face evictions and lacking vaccinations, President Biden would have strongly supported a decision by the CDC to further extend this eviction moratorium to protect renters at this moment of heightened vulnerability,” she said.
“Unfortunately, the Supreme Court has made clear that this option is no longer available.”
Delays in Relief Distribution
The move comes as the administration has struggled to distribute the nearly $47 billion in rental relief funds approved as part of two coronavirus relief packages passed in December and March, respectively.
Nearly seven months after the first round of funding was approved, the Treasury Department has only allocated $3 billion of the reserves, and just 600,000 tenants have been helped under the program.
A total of 7.4 million households are behind on rent according to the most recent data from the Census Bureau. An estimated 3.6 million of those households could face eviction in the next two months if the moratorium expires.
The distribution problems largely stem from the fact that many states and cities tasked with allocating the fund had no infrastructure to do so, causing the aid to be held up by delays, confusion, and red tape.
Some states opened portals that were immediately overwhelmed, prompting them to close off applications, while others have faced technical glitches.
According to The Washington Post, just 36 out of more than 400 states, counties, and cities that reported data to the Treasury Department were able to spend even half of the money allotted them by the end of June. Another 49 — including New York — had not spent any funds at all.
Slim Chances in Congress
House Speaker Nancy Pelosi (D-Ca.) urged her colleagues to approve an extension for the freeze Thursday night, calling it “a moral imperative” and arguing that “families must not pay the price” for the slow distribution of aid.
However, Biden’s last-minute call for Congress to act before members leave for their August recess is all but ensured to fail.
While the House Rules Committee took up a measure Thursday night that would extend the moratorium until the end of this year, the only way it could pass in the Senate would be through a procedure called unanimous consent, which can be blocked by a single dissenting vote.
Some Senate Republicans have already rejected the idea.
“There’s no way I’m going to support this. It was a bad idea in the first place,” Senator Patrick Toomey (R-Pa.) told reporters. “Owners have the right to action. They need to have recourse for the nonpayment of rent.”
With the hands of the CDC tied and Congressional action seemingly impossible, the U.S. could be facing an unprecedented evictions crisis Saturday, even though millions of Americans who will now risk losing their homes should have already received rental assistance to avert this exact situation.
See what others are saying: (The Washington Post) (The New York Times) (The Associated Press)
Mississippi Asks Supreme Court To Overturn Roe v. Wade
The Supreme Court’s decision to consider Mississippi’s restrictive abortion ban already has sweeping implications for the precedents set under the landmark reproductive rights ruling, but now the state is asking the high court to go even further.
Mississippi’s Abortion Case
Mississippi filed a brief Thursday asking the U.S. Supreme Court to overturn Roe v. Wade when it hears the state’s 15-week abortion ban this fall.
After months of deliberation, the high court agreed in May to hear what will be the first abortion case the 6-to-3 conservative majority will decide.
Both a district judge and a panel of the U.S. Court of Appeals for the 5th Circuit had ruled that Mississippi could not enforce the 2018 law that banned nearly all abortions at 15 weeks with exceptions for only “severe fetal abnormality,” but not rape and incest.
If the Supreme Court upholds the Mississippi law, it would undo decades of precedent set under Roe in 1973 and upheld under Planned Parenthood v. Casey in 1992, where the court respectively ruled and reaffirmed that states could not ban abortion before the fetus is “viable” and can live outside the womb, which is generally around 24 to 28 weeks.
When the justices decided to hear the case, they said they would specifically examine the question of whether “all pre-viability prohibitions on elective abortions are unconstitutional.”
Depending on the scope of their decision on the Mississippi law, the court’s ruling could allow other states to pass much more restrictive abortion bans without the risk of lower courts striking down those laws.
As a result, legal experts have said the case will represent the most significant ruling on reproductive rights since Casey nearly three decades ago, and the Thursday brief raises the stakes even more.
When Mississippi asked the justices to take up its case last June, the state’s attorney general, Lynn Fitch (R), explicitly stated that the petition’s questions “do not require the Court to overturn Roe or Casey.”
But that was before the court’s conservatives solidified their supermajority with the appointment of Justice Amy Coney Barrett — who personally opposes abortion — following the death of liberal Justice Ruth Bader Ginsburg.
New Filing Takes Aim at Roe
With the new filing, it appears that Fitch views the high court’s altered makeup as an opportunity to undermine the constitutional framework that has been in place for the better part of the last century.
“The Constitution’s text says nothing about abortion,” Fitch wrote in the brief, arguing that American society has changed so much that the previous rulings need to be reheard.
“Today, adoption is accessible and on a wide scale women attain both professional success and a rich family life, contraceptives are more available and effective, and scientific advances show that an unborn child has taken on the human form and features months before viability,” she added, claiming the power should be left to state lawmakers.
“Roe and Casey shackle states to a view of the facts that is decades out of date,” she continued. “The national fever on abortion can break only when this Court returns abortion policy to the states.”
The Center for Reproductive Rights, which represents Mississippi’s sole abortion provider in the suit against the state’s law, painted Fitch’s effort as one that will have a chilling effect on abortion rights nationwide.
“Mississippi has stunningly asked the Supreme Court to overturn Roe and every other abortion rights decision in the last five decades,” Nancy Northup, the president and CEO of the group said in a statement Thursday. “Today’s brief reveals the extreme and regressive strategy, not just of this law, but of the avalanche of abortion bans and restrictions that are being passed across the country.”
The Supreme Court has not yet said exactly when during its fall term it will hear oral arguments on the Mississippi case, but a decision is expected to come down by next June or July, as is standard.
An anticipated ruling just months before the 2022 midterms will almost certainly position abortion as a top issue at the ballot box.
See what others are saying: (The New York Times) (The Washington Post) (Politico)
Republicans Boycott Jan. 6 Committee After Pelosi Rejects Two of McCarthy’s Picks
The House Minority Leader said that unless House Speaker Pelosi reinstated the two members, Republicans will launch their own investigation into the insurrection.
Pelosi Vetoes Republicans
Republicans are boycotting the select committee to investigate the insurrection after House Speaker Nancy Pelosi (D-Ca.) rejected two of the five GOP members Minority Leader Kevin McCarthy (R-Ca.) picked to serve on the panel Wednesday.
In a statement, Pelosi cited the “statements and actions” of Rep. Jim Jordan (R-Oh.) and Jim Banks (R-In.), whose nominations she said she was opposing “with respect for the integrity of the investigation.”
Jordan and Banks — both staunch allies of former President Donald Trump — have helped propagate the previous leader’s false election claims, opposed efforts to investigate the insurrection, and voted not to certify the election for President Joe Biden.
A senior Democratic aide also specifically told The Washington Post that Democrats did not want Jordan on the panel because he reportedly helped Trump strategized how to overturn the election and due to the fact he spoke to the then-president on Jan. 6, meaning there is a possibility he could be called to testify before the very same committee.
The aide also said that Democrats opposed Banks’ selection because of a statement he issued after McCarthy chose him.
In the statement, the representative compared the insurrection to the racial justice protests last summer, implied that the rioters were just normal American’s expressing their political views, and claimed the committee was a political ploy “to justify the Left’s authoritarian agenda.”
Notably, Pelosi did say she would accept McCarthy’s three other nominees — including Rep. Troy Nehls (R-Wi.), who also voted against certifying Biden’s win.
McCarthy Threatens Separate Investigation
McCarthy, however, refused to select new members, and instead opted to remove all his appointees from the would-be bipartisan committee.
In a statement condemning the move, the minority leader said that Pelosi’s action “represents an egregious abuse of power.”
“Denying the voices of members who have served in the military and law enforcement, as well as leaders of standing committees, has made it undeniable that this panel has lost all legitimacy and credibility and shows the Speaker is more interested in playing politics than seeking the truth,” he said.
“Unless Speaker Pelosi reverses course and seats all five Republican nominees, Republicans will not be party to their sham process and will instead pursue our own investigation of the facts.”
Pelosi defended her decision during a press conference Thursday, where she said that Banks and Jordan were “ridiculous” choices for the panel.
“When statements are ridiculous and fall into the realm of, ‘You must be kidding,’ there’s no way that they’re going to be on the committee,” she added.