The Trump administration rescinded a new policy on student visas after a high-profile confrontation with Harvard University, MIT and hundreds of other colleges, ending a standoff that could have sent thousands of students back to their home countries and left schools scrambling to plan for the fall.
U.S. District Judge Allison Burroughs announced at an online hearing on Tuesday that the government had agreed to rescind last week’s requirement that international students take at least one in-person class, even amid the resurgent coronavirus pandemic and as colleges prepare online-only coursework.
But she said the case isn’t closed, raising questions about the nature of the agreement and whether U.S. Immigration and Customs Enforcement had abandoned its position or was retreating and regrouping to fight another day.
“I don’t think this is necessarily over,” said Theresa Cardinal Brown, director of immigration and cross-border policy at the Bipartisan Policy Center. “I guarantee you, they’re probably saying, OK, well, we’ll do something slightly different or maybe we’ll just apply it to people who haven’t arrived yet. Maybe the president issues an executive order — it comes from the White House this time rather than from an agency.”
At the hearing, which was attended by hundreds of journalists and others but lasted only minutes, the judge asked Assistant U.S. Attorney Rayford Farquhar if she had described the case’s resolution correctly.
“That is correct, your honor, no change,” he replied
“The motion is mooted,” Burroughs declared, referring to Harvard and MIT’s request to put a freeze on the new policy while the two sides continued to battle. “The hearing will be adjourned.”
She added: “The case will remain open on my docket pending further motion practice from the parties.”
Neither ICE nor the White House responded to emails seeking comment on the outcome.
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