London Daily

Focus on the big picture.
Sunday, Mar 29, 2026

Facebook, US states join Harvard, MIT’s fight against Trump administration directive to deport online-only foreign students

Tech firms argue the directive violates a federal law meant to protect businesses from arbitrary decisions that could adversely affect operationsใ Government argues that earlier guidance warned that international students’ ability to remain in US for online courses was subject to change

Facebook, the US Chamber of Commerce and more than a dozen other tech firms and business advocacy groups aligned to support Harvard University and the Massachusetts Institute of Technology in their bid to fight a US government directive that threatens to deport thousands of international students.

Google, Twitter and Spotify are also signatories to the amicus brief filed on Monday with the US District Court in Boston, Massachusetts, arguing that the directive issued by the US Department of Homeland Security (DHS) and its Immigration and Customs Enforcement (ICE) division last week violated a decades-old federal law meant to protect businesses from arbitrary decisions that could adversely affect business operations.

“The Administrative Procedure Act [APA] required defendants … to consider the serious consequences for the US business community and the entire economy that would result from a directive requiring more than half of all international students to leave the country, and also to take account of the substantial reliance interests of US companies that would be disrupted by such a decision,” said the brief filed by Facebook.

Enacted in 1946, the APA requires agencies of the US government to, among other provisions, provide for public participation in their rule-making process, for instance through public commenting. Part of Harvard and MIT’s argument against ICE’s move includes the fact that there was no notice-and-comment period.

Scores of US states, municipalities and the District of Columbia have also joined the effort to block ICE’s move as the spread of Covid-19 in the country raises the risk that full classrooms will only exacerbate the pandemic.

On July 6, ICE rescinded the right of international students to remain in the US while taking online-only courses – an allowance granted in March in response to the coronavirus pandemic. The move gives universities offering online-only instruction until Wednesday to file “operational change plans”.

Schools offering a mix of online and in-person instruction to reduce the number of people on campus must issue certifications by August 4 for each international student remaining in the US for such a curriculum that they are taking a minimum number of online classes. These certifications could number “in the thousands per university”, according to Harvard and MIT’s complaint.

In a response filed on Monday on behalf of DHS and ICE, US Attorney Andrew Lelling pointed out that the ICE’s guidance in March, issued by its Student and Exchange Visitor Programme (SEVP), included a subject-to-change disclaimer, adding that “SEVP will continue to monitor the Covid-19 situation and will adjust its guidance as needed”.

“SEVP guidance has repeatedly advised stakeholders that the agency’s position during the pandemic is fluid. Given the volatile nature of the pandemic, SEVP guidance warns all schools and students – the guidance may be altered or superseded at any time,” Lelling said in the court document. “At no time did the agency issue a final rule limiting SEVP’s discretionary enforcement authority during the pandemic.”

Lelling further argued that “the July 6 policy announcement was not subject to the APA’s notice-and-comment requirements because it was not a legislative rule but, at most, a statement of policy”.

“The APA provides an exception to its notice-and-comment requirements for ‘general statements of policy’,” he said.

Meanwhile, Harvard, MIT and those supporting their case have cited the volatile nature of the pandemic to argue for more forbearance.

“For many students, returning to their home countries to participate in online instruction is impossible, impracticable, prohibitively expensive and/or dangerous”, according to Harvard and MIT’s complaint, which called the move “a cudgel to compel universities to alter their plans for the fall”.

The directive comes as the number of Covid-19 cases in the US continues to rise, forcing some state and local governments, including California’s, to close businesses that were allowed to reopen in recent weeks.

Health authorities in the US have confirmed more than 3.3 million cases and more than 135,000 deaths, according to a tally by The New York Times.

“The Trump administration didn’t even attempt to explain the basis for this senseless rule, which forces schools to choose between keeping their international students enrolled and protecting the health and safety of their campuses,” Massachusetts Attorney General Maura Healey, whose office is leading a separate lawsuit on behalf of a coalition of 17 states and Washington, DC. The states include California, New York and Pennsylvania.

Another amicus brief in support of Harvard and MIT was filed by a group led by the municipal governments of Los Angeles and Boston.

“There are more than 20,000 international students enrolled in colleges and universities located in the city of Los Angeles for the fall,” the document said. “Between Boston, Cambridge, Somerville and surrounding suburban areas, there are tens of thousands more.”

“All of those students will be affected by the outcome of this matter, and all of them are part of the economic engine fuelling … communities,” the amicus brief said. “For example, in New York City, international students contribute more than US$3 billion in economic value annually.”

More than a dozen amicus briefs have been filed, some jointly among many schools and others by one organisation seeking to bolster Harvard and MIT’s case, including the American Federation of Teachers, the American Physical Society and the American Council on Education.

A brief filed by United Chinese Americans (UCA), an advocacy group that seeks to boost political engagement among its namesake community, is the only one that references a specific ethnic group. The group’s document alleges that the Trump administration is unlawfully using the pandemic to clear foreign students from American campuses.

“The physical distance between the United States and China, together with the suspension of regularly scheduled airline traffic resulting from the pandemic, forces irrational and impossible decisions to try and comply with the defendants’ directive,” UCA’s brief said. “As universities adjust to changing conditions during the course of the fall semester, it is not clear that it will be physically possible for foreign students to comply.”

“The obvious choice then becomes whether or not to abandon studies in the United States,” UCA said. “Congress created the foreign student programme almost 100 years ago, and defendants cannot take steps to eliminate this programme using the excuse of a global pandemic to change rules and create irrational requirements.”




Newsletter

Related Articles

0:00
0:00
Close
Thousands Rally in London to Oppose Rise of Far-Right Movements
Hong Kong Official Rejects Allegations of Surveillance Orders Targeting UK-Based Dissidents
PayPal Expands Cryptocurrency Services to Allow UK Users to Buy and Sell Bitcoin
UK Minister Challenges Reform Party’s ‘Pro-Family’ Agenda as Debate Intensifies
Concerns Grow Over Meningitis Risk Among UK Students Amid Warning Signs of New Outbreaks
Japanese Grand Prix 2026: Schedule, UK Start Times and Full Broadcast Details
Electric Vehicles Seen as Strategic Solution to UK Fuel Reserve Concerns
Rise of Lone-Actor Threats and Online Radicalisation Drives New Wave of Antisemitic Attacks in the UK
Canada Advances Plan to Ban Cryptocurrency Donations in Election Campaigns
UK Faces Looming Medicine Shortages as Iran Conflict Threatens Supply Chains
Deadly Meningitis Outbreak in the U.K. Highlights Urgent Need for Vaccination
Fresh Claims Emerge Over Harry and Meghan’s Australia Visit as Insider Speaks Out
NATO Assessment Indicates UK Defence Spending Has Fallen Below Alliance Average
FTSE 100 Slips as Middle East Tensions Weigh on Investor Sentiment
UK Economy Begins to Feel Early Impact of Iran Conflict as Policy Challenges Intensify
Russian National Jailed in UK After Assault Case Linked to Barron Trump’s Alert
Energy Price Surge Accelerates Shift Away from Fossil Fuels in UK Homes
UK Museums House More Than 260,000 Human Remains, New Report Reveals
Surging UK Gilt Yields Reflect Inflation Pressures and Fiscal Uncertainty
UK Issues Updated Guidance on Children’s Screen Time with Focus on Balance and Wellbeing
UK Migration Figures Show Shifting Trends Across Asylum, Visas and Channel Crossings
UK Watchdog Launches Probe into Five Firms Over Alleged Fake Reviews and Ratings
Jaguar Land Rover Halts Production at UK Plant Amid Supplier Disruption
UK Police Reverse Position, Confirm Arrests Will Resume for Palestine Action Protests
UK Small Businesses Face Europe’s Steepest Cost Pressures, New Survey Reveals
US Envoy Urges UK to Proceed with King’s Visit Amid Diplomatic Sensitivities
FTSE 100 Drops Over One Percent as Middle East Tensions Weigh on Markets
UK CO2 Plant Set to Reopen as Authorities Move to Safeguard Supplies Amid Middle East Tensions
Trump Urges Stronger Defence Investment as He Questions Allied Naval Capabilities
New COVID Variant Detected in UK Raises Concerns Over Vaccine Effectiveness
FTSE Russell Moves to Standardise Free-Float Rules for UK and International Listings
HBO Max Launches in UK and Ireland, Marking Major Step in Global Streaming Expansion
UK Signals Readiness to Seize Russian ‘Shadow Fleet’ Vessels in Escalation of Sanctions Enforcement
Escalating Middle East Conflict Seen as Major Threat to UK Economic Stability
Early Challenges Mark Prince Harry and Meghan’s Australia Visit
UK Government Rejects Cover-Up Claims After Theft of Former PM Aide’s Phone
Cyprus Opens Strategic Talks with UK Over Sovereign Base Areas
UK Faces Risk of Sharp Inflation Surge Despite Stable Pre-Crisis Figures
UK Police Arrest Two Over Suspected Antisemitic Arson as Iran Link Investigated
UK Inflation Holds at Three Percent Ahead of Oil Price Shock from Iran Conflict
UK Fuel Prices Face Upward Pressure as Global Oil Trends Raise Cost Outlook
Girlguiding UK Sets September Deadline for Membership Policy Change Affecting Trans Participants
Germany and UK Accelerate Wind Power Expansion to Strengthen Energy Security
UK Moves to Ban Cryptocurrency Donations to Political Parties Over Foreign Influence Concerns
UK and Turkey Finalise Major Air Defence Agreement Worth Billions
Apple Introduces Mandatory Age Verification for iPhone Users in the UK
Diverging Views Emerge Over Meghan Markle’s Planned Australia Appearance
Trump Signals Frustration with UK Leadership Amid Diverging Approaches to Iran Conflict
UK Government Takes Control of Hunterston B as Landmark Nuclear Decommissioning Begins
UK Public Inflation Expectations Jump Sharply in March, Raising Pressure on Bank of England
×