FACTS OF THE SUIT
- The Immigration and Customs Enforcement (ICE) released a new policy on 6 July, 2020 for the immigrated students studying in the fall 2020.
- This policy states for the students to return to their home country if the university will conduct online classes. In layman’s terms, the U.S. government has asked the international students to leave the United States of America.
- Prestigious Universities like Harvard, MIT, The Yale etc. have sued the US government over this deportation policy.
BASIS OF SUIT
- The basis for their suit is that it goes against the Administrative Procedures Act and is arbitrary.
- The President of Harvard, Lawrence Bacow said in an interview that “We believe that the ICE order is bad public policy, and we believe that it is illegal.”
- On March 13, 2020 President Trump declared National Emergency, thereafter, the Student and Exchange Visitor Program, a division of U.S. Immigration and Customs Enforcement (ICE), issued guidelines on online coursework to make it convenient for international students to continue their studies.
- On July 8, 2020 Harvard and MIT filed suit against the U.S. District Court in Boston seeking temporary restraining the July 6, 2020 order
- Even though the National Emergency has not been revoked, apparently, the March 13, 2020 order is also not revoked then how can the ICE pass another such order in between the pandemic?