Iowa State president calls ICE actions toward international students ‘unwise’

The International Nest is a space for international students to study or relax. Heather Lewin, program coordinator, said she provided a map for students to place a pin on the country they come from. 

Amber Mohmand

Since Iowa State is considered a “hybrid school,” a combination of online and in-person instruction, international students may not have to go home for the fall semester. 

The Student and Exchange Visitor Program (SEVP) announced Monday they have made modifications to temporary exemptions for nonimmigrant students taking online classes for the fall 2020 semester due to the pandemic.

Nonimmigrant F-1 and M-1 students cannot take a full course load online, 12 credits in Iowa State’s case, and live in the United States. The U.S. Department of State “will not issue visas to students enrolled in schools and/or programs that are fully online for the fall semester nor will U.S. Customs and Border Protection permit these students to enter the United States,” according to U.S. Immigration and Customs Enforcement (ICE). 

“We believe this action by ICE is unwise,” Iowa State President Wendy Wintersteen said in an email. “We are deeply concerned that this policy creates uncertainty and anxiety for our international students, who are already navigating many professional and personal challenges as a result of the pandemic.”

Wintersteen announced in an email sent to the student body Wednesday that Iowa State is adopting a hybrid model, a mixture of online and in-person classes. In this case, nonimmigrant F-1 students at hybrid schools will be allowed to take more than one class or three credit hours online. 

“Iowa State University will be offering in-person, online, and hybrid courses in the fall,” Wintersteen said. “The new ICE rules […] require the university to certify that its international students in the U.S. are not enrolled in entirely online programs; are not taking an entirely online course load in the fall, and are taking the minimum number of online classes required to make normal progress in their degree program. International students within the United States are not permitted to take a full course of study through online classes. The guidance states if students find themselves in this situation or if the university needs to transition to entirely online instruction this fall in response to the pandemic, then international students must leave the country or transfer to another institution with in-person instruction. As we learn more about this guidance, we will provide more information.”

Students currently enrolled in U.S. schools with online programs must leave the country, according to ICE, or take other measures such as transferring schools that have in-person classes to keep the lawful international student status. 

If international students do not take these measures, they could face “immigration consequences including, but not limited to, the initiation of removal proceedings.”

Nonimmigrant F-1 students attending schools operating under normal in-person classes are bound by existing federal regulations. Eligible F-1 students may take a maximum of one class or three credit hours online.

The International Students and Scholars Office (ISSO) sent an email to Iowa State international students to provide clarification. 

Since Iowa State plans to return to in-person classes in the fall, international students will be allowed to stay in the United States this fall, according to the email. 

“We are working with other offices at the University to determine whether Iowa State is considered a school ‘operating under normal in-person classes’ or a school ‘adopting a hybrid model,’” according to the email. “Once we have this determination, we will inform everyone as that decision may impact the number of credits an international ISU student is allowed to take online.”

Hybrid schools need to certify that the program is not entirely online to SEVP, through the Form I-20, the “Certificate of Eligibility for Nonimmigrant Student Status,” to make sure the student is not taking an entirely online course load this semester and that the student is taking the minimum number of online classes required to make normal progress in their degree program. 

The exemptions do not apply to F-1 students in English language training programs or M-1 students pursuing vocational degrees who are not permitted to enroll in any online courses.

Schools are expected to update their information in the Student and Exchange Visitor Information System within 10 days of the change if they begin the fall semester with in-person classes but are later required to switch to only online classes or a nonimmigrant student changes their course selections, and as a result, ends up taking an entirely online course load. 

Nonimmigrant students within the United States are not allowed to take a full course of study through online classes. If students find themselves in this situation they must “leave the country or take alternative steps to maintain their nonimmigrant status such as a reduced course load or appropriate medical leave,” according to ICE. 

Because of COVID-19, the temporary exemption for online classes for the spring and summer semesters have been implemented by SEVP. This measure allowed nonimmigrant students to take more online courses than normally permitted by federal regulation to maintain their nonimmigrant status during the pandemic. 

“We are coordinating with our national organizations regarding this important issue, including the Association of American Universities and the Association of Public and Land-grant Universities, as we are obligated to comply with federal policy,” Wintersteen said. “We are advocating for our international students to have maximum flexibility to continue their education at ISU as we prioritize health and safety during the COVID-19 crisis.

“We value deeply the contributions of our international students, faculty, and staff who offer their diverse talents, skills, perspectives and cultural vibrancy to our campus. Iowa State University will do all we can to support our international students to continue their academic progress this fall.”

Currently, the ISSO is looking for clarification on the course availability for international students that will be considered online. International students will be issued new I-20s with the clarifications that Iowa State is not operating entirely online.

For students who have decided not to return to the United States this fall or will take classes from their home country, they need to complete the “Absence from ISU” e-form in CyStart. International students can contact the ISSO office at 515-294-1120, the Office of the Vice President for Diversity and Inclusion at 515-294-8840 and Student Counseling Services at 515-294-5056 for assistance.