LET THEM STAY!
TELL DHS TO STOP THE ATTACKS ON INTERNATIONAL STUDENTS
STANDING UP FOR INTERNATIONAL STUDENT RIGHTS
The Department of Homeland Security’s (“DHS”) proposed rule to place fixed time limits on J, F, and I visas is the latest in the Trump administration’s relentless attacks on international students. If implemented, the rule will make the United States more inhospitable to international students causing harm to current and future international students, our institutions of higher education, and our communities. But there are things we can do to fight back. One way to do this is to submit public comments arguing why DHS should not adopt the rule.
STEP ONE: UNDERSTAND THE POTENTIAL IMPACTS
CHANGES INCLUDED IN THE PROPOSED RULE CHANGE:
- Individuals applying to either F or J status would be eligible to stay in the United States for the length of time indicated by the program end date noted in their Form I–20 or DS–2019, not to exceed 4 years. In some cases, international students and scholars would be limited to 2 years.
- Currently, individuals in F and J categories can stay in the United States for the period of time that they are complying with the terms and conditions of their visa category (“duration of status”). “Duration of status” does not have fixed end dates.
- The amount of time that F-1 international students can stay in the United States after the end of their studies would decrease from from 60 to 30 days.
- Students could attend English language training for no more than 2 years total (including breaks and vacations).
- The proposed rule would also set limits on the ability for students who completed a 3 program at one education program to change to another program at the same educational level to no more than 2 additional times.
STEP TWO: UNDERSTAND THE PROCESS
THE COMMENT PERIOD
Before DHS can implement its proposed rule, the agency must publish a Notice of Proposed Rulemaking (“NPRM”) and then accept public comments on the proposed rule for a period of at least 30
days. In this case, that period is scheduled to end on October 26, 2020.
After the comment period ends, the agency must then read, consider, and respond to all of the comments received and analyze relevant data and materials when it publishes a final rule.
The comment period is an opportunity to resist this rulechange. By submitting a massive number of comments with a diversity of arguments and data about the harmful effects of the proposed rule, we can dramatically increase the work DHS must do to implement the rule, and strengthen the basis for a legal challenge if the rule is eventually adopted.
STEP THREE: TAKE ACTION
SUBMITTING A COMMENT
- Remember that the current deadline is 11:59 PM ET on October 26, 2020
- Your personal story is powerful and important for the DHS to understand!
- Your comment must be unique (it should include your own words).
- Your comment does not have to be submitted in English.
STEP FOUR: ORGANIZE!
JOIN THE MOVEMENT
For more information about the academic labor movement, and how you can get involved in our union and our campaigns, contact us!
AFT MEMBERS IN ACTION
“DHS threatening to submit international PhD students like myself to additional scrutiny just so that we can complete our academic studies only serves to deepen existing patterns of discrimination and exclusion in American higher education.”
IN THE NEWS
“Having a union is the most important way for international student workers to get heard and work to improve our working and learning conditions. This is especially important as the national political climate is turning against many of us, as shown in the overall tightening of student visa policy.”
KNOW YOUR RIGHTS
Regardless of immigration status you have the same rights under the NLRA (National Labor Relations Act) as other covered employees to:
- Organize or join a union
- Talk about working conditions
- Take action with your coworkers