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Trump administration continues to target international students. What to know and what could be next.
Lawsuits, next-day countersuits, backtracking and mass confusion. International students find themselves at the center of a dizzying legal landscape as the Trump administration continues to crack down on immigration.
Here’s what to know as the Trump administration keeps attempting to put up legal barriers to international students’ ability to study in the U.S.
What’s the latest?
Just Wednesday, a judge granted Harvard an extension on an injunction that blocked the administration’s attempt last week to stop the Ivy League school from enrolling foreign-born students.
An estimated 4,700 or more foreign-born students have been impacted since the Trump administration began revoking visas and terminating legal statuses in March. A few have also been detained in high-profile cases.
In just the past two weeks, students across the country were granted a nationwide injunction against the administration. Some scholars have been released from Immigration and Customs Enforcement as well. Meanwhile the State Department announced that it is “aggressively” targeting an additional group of Chinese scholars out of national security concerns.
But in spite of its legal losses, the federal government has doubled down on its efforts to target international students. On Tuesday, the Trump administration stopped scheduling new student visa interviews for those looking to study in the U.S., according to an internal cable seen by NBC News. Meanwhile, the State Department is preparing to expand its social media screening of applicants, the cable said.
The next day, Secretary of State Marco Rubio announced that the government would be looking to revoke the visas of Chinese students “with connections to the Chinese Communist Party or studying in critical fields.”
It’s still unclear what “critical fields” the administration will be looking into and what types of connections to the CCP are under scrutiny. The State Department referred NBC News to comments by spokesperson Tammy Bruce during a news briefing Thursday in which Bruce said the department does not discuss the details of its visa process due to privacy concerns.
“We use every tool that we have to vet and to make sure we know who’s coming in,” Bruce said. “In this particular case, the United States is putting America first by beginning to revoke visas of Chinese students as warranted.”
How did the Trump administration revoke the visas and statuses of international students?
For months, there was mass confusion among schools and international students about the criteria the government used to abruptly terminate visas and statuses, with little to no notice to students. But in late April, the Department of Homeland Security revealed at a hearing that it used the National Crime Information Center, an FBI-run computerized index that includes criminal history information.
The agency said fewer than two dozen employees ran the names of 1.3 million foreign-born students through the index, populating 6,400 “hits.” And from there, many students experienced terminations of their records in the Student and Exchange Visitor Information System (SEVIS), which maintains information about nonimmigrant students and exchange visitors.
The method was sharply criticized by legal and policy experts, who pointed out that the database relies on cities, counties, states and other sources to voluntarily report their data. This means that it may not have the final dispositions of cases, potentially leading to errors in identifying students.
At another hearing in April, Elizabeth D. Kurlan, an attorney for the Justice Department, said that going forward, Immigration and Customs Enforcement will not be terminating statuses based solely on findings in the crime information center. She also told the court that ICE would be restoring the legal status of international students who had their records terminated until the agency developed a new framework for revocations.
Shortly afterward, an internal memo to all Student and Exchange Visitor Program personnel, which is under ICE jurisdiction, showed an expanded list of criteria for the agency to terminate foreign-born students’ legal status in the U.S., including a “U.S. Department of State Visa Revocation (Effective Immediately).” Though students would typically have the right to due process and defend themselves before their status is terminated, visa revocation itself is now grounds for the termination of status, according to the memo.
The administration has also taken aim at students who have been active in pro-Palestine protests, including Columbia student Mahmoud Khalil and Tufts University student Rümeysa Öztürk, who were both detained in March. Öztürk has since been released from ICE custody.
“Every time I find one of these lunatics, I take away their visas,” Rubio said at a news conference in March.
Has anyone been successful in challenging the Trump administration?
Students across the U.S. from Georgia to South Dakota have been winning their lawsuits against the Trump administration, with judges siding with plaintiffs and allowing them to stay in the U.S.
Last week, a judge issued an injunction blocking the Trump administration from terminating the legal statuses of international students at universities across the U.S. It’s the first to provide relief to students nationwide.
The day after the Trump administration terminated Harvard’s Student and Exchange Visitor Program certification — a move that would force the university’s foreign students, roughly a fourth of its student body, to either transfer or lose their legal status — the Ivy League school sued the administration. And hours later, a judge issued an injunction.
In addition to Öztürk, others who were detained are no longer in ICE custody, including Georgetown scholar Badar Khan Suri and Mohsen Mahdawi, a U.S. permanent resident who was born and raised in a refugee camp in the occupied West Bank.
The judge in Khan Suri’s case ruled that his detention was in violation of the First Amendment, which protects the right to free speech, and the Fifth Amendment, which protects the right to due process.
What might be next for international students?
Though the recent nationwide injunction provides some relief, students can still be vulnerable to visa revocation. Legal experts say the temporary restraining order blocks the government from arresting or detaining students, or terminating their legal statuses. But it’s possible that visas can still be revoked. And many expect the Trump administration to hit back.
“This is a federal district court decision. It is not a final decision, and it seems likely that the executive branch will appeal this decision,” Elora Mukherjee, director of the Immigrants’ Rights Clinic at Columbia Law School.
Mukherjee also added that the Chinese international students referred to in Rubio’s new statement are likely not protected by the injunction either.
“What they’re likely to claim in court in defense of this policy is that the secretary of state and the executive branch deserves deference with regard to quote, unquote, foreign affairs,” Mukherjee said.
However, with backlash already brewing, Mukherjee said she expects that the policy will be challenged legally, with immigration attorneys and activists arguing that it is unconstitutional.
Legal experts said that with many decisions surrounding international students’ fate far from decided, foreign-born scholars should first and foremost remain in the country. She also said it’s important to seek legal counsel in the event that students are also eligible for other forms of relief, including asylum or other humanitarian visas.
Razeen Zaman, director of immigrant rights at the Asian American Legal Defense and Education Fund, said it’s particularly important for American citizens to speak out against the immigration policies on behalf of foreign-born students, as many of these students may not be able to push back themselves.
“You have to have a certain amount of resources to be able to do that. You have to have a certain amount of connections. There’s even some people who are too afraid to seek counsel,” Zaman said. “U.S. citizens have the most protections. … And the reality is, even if you’re stopped at the border, they do have to still let you in as a U.S. citizen.”
And given how the Supreme Court on Friday allowed the Trump administration to revoke the temporary legal status of more than 500,000 immigrants from four Latin American countries, Zaman said, it’s likely that even more groups will be targeted without fierce advocacy and protest.
“This is about the First Amendment today. It’s Chinese people, the CCP, whoever they decide is tied to the Chinese government,” Zaman said.
At least two structural columns buckled and failed in a 37-story office tower in Midtown Manhattan on Tuesday, prompting evacuations of nearby streets and buildings. While city officials asserted that the tower was in no danger of collapsing completely, outside engineers said further failures in the structure could not be ruled out.
A pair of columns that failed completely were part of the tower’s existing structure. A New York Times review of images and videos from inside the building has found that several floors were added atop these columns.
City officials said in a news conference on Tuesday that the building was continuing to move, while they simultaneously assured the city that the building would not suffer “total collapse.” “The way this building is constructed, it’s a steel-frame building,” John Esposito, a chief in the Fire Department in New York, said at the afternoon news conference. “So, it would not be a total collapse. It would be more of a localized collapse.” Still, he said, “that remains our concern, that it’s moved.”
Engineers said that the movement itself was cause for concern. In a properly designed steel building, they said, loads should redistribute quickly to surviving structural supports if columns failed.
Joe DiPompeo, a former president of the Structural Engineering Institute at the American Society of Civil Engineers, said that if the structure had been overloaded, he would expect any movement “to happen very quickly,” rather than gradually.
“Generally when a column buckles, it’s a sudden failure,” Mr. DiPompeo said. He said that a full collapse remained unlikely given the redundancies built into the building codes.
Engineers often refer to the most dangerous possibility as a progressive collapse, a process in which structures near the initial failure become overstressed and also fail, potentially bringing down the building if the sequence continues. While unlikely, it cannot be ruled out, Mr. DiPompeo said.
Footage recorded from inside the building shows at least two structural columns appear to have failed completely, Mr. DiPompeo said. Other nonstructural, interior walls — or at least the metal “studs” that were in place to hold them up — also appear to have deformed.
“The only way that really happens is if the floor above them dropped. It looks like the floor above could have dropped a foot or two, which is obviously not a good situation,” Mr. DiPompeo said.
The 37-story building is in the process of being converted from office space into residential units. Four new floors and a large vertical portion were added onto the existing building in recent months. The vertical portion consists of a stack of over a dozen new floors cantilevered out over the existing building below.
Engineers said that there was nothing inherently wrong with adding residential floors or the cantilevered section above the columns that failed, as long as the original structure and the modifications had properly accounted for the added weight and wind loads.
“The cantilever alone doesn’t change anything,” Mr. DiPompeo said, but it does put additional load on the columns underneath — a factor that should have been reflected in the design.
Nathan Berman, managing principal and founder of MetroLoft, the developer overseeing the conversion, said on Tuesday that “this incident is nothing more than a typical construction mishap.”
He said two columns near the northwest corner of the tower had bent under the weight of additions to the building above, most likely because those columns had not been properly reinforced, though he said an investigation would determine the cause. The rest of the columns, he said, “picked up the weight.” He estimated the affected floors above the failed columns had sagged by a maximum of four inches.
Mr. Berman said that he expected the problems to be fixed and the project to be completed with, at most, a slight delay.
On Tuesday evening, installation of temporary shoring was set to begin shortly, in order to help stabilize the 20th and 21st floors of the building.
The Justice Department sent letters warning election officials in all 50 states and the District of Columbia that they could face criminal prosecution over noncitizen voting, a spokesperson for the Justice Department confirmed Tuesday.
The letters, signed by Assistant Attorney General Harmeet Dhillon, who heads up the department’s Civil Rights Division, give states five days to explain how they will comply with federal voter eligibility laws and how they will maintain “clean voter lists.”
“The Department sent these letters to all 50 states and the District of Columbia, asking for voluntary compliance in a timely manner with their obligations under federal law to ensure only citizens vote in federal elections,” a Justice Department spokesperson said in a statement.
Noncitizen voting in federal elections is extremely rare, but Trump and his administration have falsely portrayed it as a widespread issue.
Michigan Secretary of State Jocelyn Benson, Nevada Secretary of State Francisco Aguilar and Utah Lt. Gov. Deidre Henderson are among those who said they received the letters from the Justice Department.
The letters say state election officers “could be criminally prosecuted for aiding and abetting” noncitizen voting. They further specify that any election officer who knowingly retains noncitizens on a statewide voting registration list or who facilitates noncitizens’ receiving and casting ballots could be subject to criminal liability.
“An intentional act that is aimed at diluting the votes of citizens could also constitute a violation” of federal law, the letters said.
Henderson wrote on social media that the threats constitute “truly bizarre behavior.”
“Got another love letter this morning from the DOJ sprinkled throughout with threats of criminal prosecution,” she wrote. “I’m sure I’m not the only chief election officer of a state who is being targeted for following state and federal laws by resisting DOJ’s demands for private voter data that have thus far been ruled illegal by at least a dozen courts.”
The letters are the latest move in the Justice Department’s campaign to assert more federal control over state elections.
While some states have complied with the administration’s demands that they hand over voter roll data, the Justice Department has sued 30 states and Washington, D.C., for resisting. So far, 11 different federal courts have dismissed the Justice Department’s efforts to seize voter rolls.
Lionel Messi #10 of Argentina celebrates scoring his team’s second goal during their World Cup match against Egypt in Atlanta on Tuesday.
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Elsa/Getty Images
They looked beaten. And out. Argentina, the defending World Cup champion and No. 1-ranked team, was down 2-0 late against Egypt.
Then, in a span of 13 remarkable minutes, Argentina scored not once, not twice, but three times, capping a comeback for the ages and leaving Egypt stunned and shellshocked.
For much of the game in Atlanta, Egypt was in control, hobbling Argentina early. The Egyptian attack began almost immediately with a stunning header goal delivered by Yasser Ibrahim in the 15th minute. After that, Egypt’s defense closed ranks, making it practically impossible for Argentina to equalize.
It was downhill from there for the Argentines: team captain Lionel Messi failed to convert a penalty kick, and in the 67th minute, Egypt got a second goal from Mostafa Ziko (after an earlier Egyptian goal had been disallowed after a video review). It looked like Argentina was finished. On the brink of elimination.
But no one told the Argentine players that.
In the 79th minute, Lionel Messi began doing his thing. He fired a cross near the Egyptian goal, and Cristian Romero headed it in. Messi was not done. Four minutes later, he powered a shot past the Egyptian keeper. It was his eighth goal of this tournament, the most of any player. The score was 2-2.
Then, in stoppage time, yet another Argentina header and another goal, this time from Enzo Fernandez.
“This is the World Cup for you,” said Messi after the game. “It wasn’t easy to come back from two goals down. But as I always say, this group never gives up. We always try to fight until the end.”
French referee François Letexier speaks with Egypt forward Mohamed Salah during the World Cup Round of 16 match between Argentina and Egypt in Atlanta.
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Roberto Schmidt/AFP via Getty Images
Afterward, Egypt coach Hossam Hassan complained about the French referee and the officiating. “I am not convinced. I am not convinced with this outcome. I’m not convinced with the way things unfolded during this match,” said Hassan in a post-match news conference. “We have been treated unfairly today. We have suffered injustice.”
“We would have deserved to earn this win, but we are leaving with honor, with pride, regardless of this defeat,” said Hossan.
African soccer teams have been the stars of this World Cup. Morocco has yet to lose a game. Cape Verde qualified for the first time in its history and stymied Spain, Uruguay and Saudi Arabia. Argentina barely beat them in a nail-biter of a match.
For Egypt, getting this far in the tournament is historic in itself: it’s the first time the team has made it this far. For Argentina, it was a terrifying yet relieving victory: several players, including Messi himself, cried after the game.
Next, they move to the quarterfinals and will play the winner of today’s Switzerland-Colombia match.
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