The new rules are the latest twist in a saga that has caused chaos for students and schools trying to make plans for the fall.
Photo: Lane Turner/Boston Globe/Getty ImagesWASHINGTON—U.S. Immigration and Customs Enforcement said on Friday that newly enrolling international students won’t be allowed to come to the U.S. if their courses will be taught entirely online.
Newly enrolling students can come on valid visas if their schools certify they plan to take at least one course in person for the fall term, and the new rules won’t apply to current students already enrolled at U.S. colleges and universities. The new rules also won’t force newly enrolling students to leave the country if universities teaching a hybrid of in-person and online courses revert to fully remote instruction later in the fall, should the coronavirus pandemic worsen.
The new rules are the latest twist in a saga that has caused chaos for students and schools trying to make plans for the fall.
Earlier this month, ICE issued—then rapidly rescinded—rules that would have forced all international students to leave the country if their universities chose to keep instruction remote in the fall, an announcement that was met with broad criticism and several lawsuits.
Harvard University and the Massachusetts Institute of Technology called those rules “arbitrary and capricious” and sued the government earlier this month; dozens of other colleges filed friend-of-the-court briefs supporting the suit, and the University of California and attorneys general for a number of states also filed separate suits.
The clarification issued Friday mirrored the desires of some at the Department of Homeland Security, ICE’s parent agency, and at the White House, where some officials were taken off guard by ICE’s July guidance, according to two people familiar with the discussions. After the new rules were announced, White House officials pushed to narrow them only to new students, these people said.
Colleges and universities anticipated this outcome after ICE pulled back the new rules last week and reverted to an earlier set of rules issued in March as universities across the country went remote because of the rapidly spreading pandemic. Those allowed international students to remain in the U.S. even if their courses are taught online, but didn’t extend an allowance for new students—which, at the time, wasn’t much of a concern as the students were already partway through their spring term. Normally, international students are permitted to take just one online class per semester.
Even before ICE’s latest announcement, some colleges had decided they could no longer wait for detailed government guidance. Harvard, which plans to bring first-year undergraduate students back to campus for the fall, told international students this week that they won’t be able to join in-person since classes will be entirely remote.
Write to Michelle Hackman at Michelle.Hackman@wsj.com and Melissa Korn at melissa.korn@wsj.com
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