tippinsights Editorial Board, TIPP Insights
America Opens Its Doors to the Driven, Not the Defiant.
Ever since the Trump administration began enforcing immigration laws impacting international students, the liberal press has pushed back.
Some of the original visa revocations, triggered by the Secretary of State, numbered around 300 and were in response to foreigners’ actions on college campuses. The most notable case involved a student married to an American citizen who faced deportation due to violent activism at Columbia University.
In an opinion article on Fox News, Secretary Rubio reiterated the rationale behind his administration’s actions.
Visiting America is not an entitlement. It is a privilege extended to those who respect our laws and values….under the Immigration and Nationality Act (INA), aliens who endorse or espouse terrorist activity or persuade others to endorse or espouse terrorist activity or support a terrorist organization – such as Hamas – are ineligible for U.S. visas.
What’s more, the INA gives us broad authority to revoke a visa… The Trump administration’s commitment to security and the enforcement of our immigration laws is unprecedented and unwavering. We expect – and the law requires – all visa holders to demonstrate their eligibility every day their visa is valid…Working together with DHS and other law enforcement and security agencies, we continuously monitor and review these cases.
This vigilance is essential because circumstances can and do change. For example, visas may be revoked if the visa holder has engaged in violent crime or drunk driving, supported terrorism, overstayed the time permitted for their visit, performed illegal work – or anything else that violates the terms on which we granted them this privilege or compromises the safety of our fellow Americans. When information about such activities comes to the department’s attention, our expert staff review it and assess whether revocation is appropriate.
Numerous reports, particularly in foreign media outlets, have recently claimed that the administration is revoking the visas of students not involved in campus protests but for other minor infractions.
The New York Times led the charge with an explosive article stating that out of the nearly 1.1 million international students in the country, enforcement actions have involved about 1,500 visas at 222 schools nationwide. International students pay full fees, subsidize domestic students, and contribute approximately $44 billion to the U.S. economy (and 378,000 jobs) through education exports. If students stop coming to America, the Times said, it would devastate many colleges and the country.
Let us set the facts straight: 1,500 students out of 1.1 million represent just 0.13% of the international student population—a practical drop in the ocean. It is amusing that the Times is making such a big deal about a statistical rounding error.
For those who say that even one student mis-deported is one too many, let us review the process international students undergo when considering coming to the United States. Students generally apply to multiple colleges and receive admission to at least one. The school sends an I-20 form, validating the student’s application and verifying that they have the requisite funds for their education.
The student then appears in person at a U.S. consular mission abroad for an interview with a visa officer. Student visas are single-intent and non-immigrant by definition, meaning the student must convincingly prove to the officer that they will return to their home country after completing their education. The visa includes various stipulations, such as restrictions on working outside campus during the first year. Any work undertaken must be within the confines of the Optional Practical Training (OPT) program that limits employment within the field of study (after the first year) or under the Curricular Practical Training (CPT) program, which allows them to engage in paid or unpaid internships, cooperative education, or other required practicums that are part of their degree program. All other employment is outlawed.
When the visa is granted, the consular officer enters the student’s information into SEVIS. This U.S. government system follows students on a student visa throughout their stay in America.
Upon arrival at an American airport, Customs and Border Patrol officers validate the visa and the I-20 form, making another entry in the SEVIS record and marking the official handoff of the student file from the Department of State to the Department of Homeland Security, which tracks the student’s compliance.
At the designated campus, the student meets with the university’s Designated School Official (DSO), who updates the SEVIS record to confirm the student’s enrollment. While the system is designed to work flawlessly- primarily on an honor system—loopholes exist. There are too many students assigned to a DSO, so enforcement is lax.
Consider a common occurrence: an international student might begin working for cash at a neighborhood store or restaurant shortly after arrival. This undocumented work clearly violates the law, deprives the government of tax revenue, and leaves the student vulnerable to exploitation by the employer. A concerned citizen may report this infraction using the USCIS Tip Form or the Immigration and Customs Enforcement Tip Line. Neither action requires the complainant to identify themselves, so tips are nearly always anonymous.
When DHS experts investigate the charge and revoke a student’s visa, thereby rendering that student’s SEVIS record invalid, the student is subject to deportation. However, America allows everyone due process and their time in court. Immigration lawyers defending the accused demand evidence in court, but undocumented work, where both the employer and employee are co-conspirators, leaves no paper trail, complicating prosecution.
The Times’ premise is that international students will fear that their stay in America could be abruptly suspended, and that they could be forced to return to their home with nothing but student debt and an unfinished degree. So, such an environment would siphon students off elsewhere. “Students could bypass the United States to go to friendlier countries as the Trump administration attacks universities and revokes visas. Their loss could hurt schools and the economy.”
This premise is nonsense. American universities attract international students because the government allows students to apply for a one-year OPT visa after graduation. STEM students can extend this visa to three years. OPT visas grant international students an Employment Authorization Document (EAD), allowing them to work in their field without questions. These students can later transition to an H-1B, a dual-intent visa enabling them to pursue permanent residency in the United States and a pathway to citizenship.
As long as America allows international students an opportunity to settle down in the United States, the number of international students coming in will not drop. Students who abide by the laws have nothing to fear and will continue to seek education and a better life in the United States.
