[Wsssc] Fwd: Student Visa Case - New ICE Guidance (Privileged & Confidential)

[Joe Holliday]

Colleagues: update from AG Office below and attached. Please scroll through the entire email thread and note the request in bold print.

Joe

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________________________________
From: Fraas, Lauryn (ATG) <Lauryn.Fraas at ATG.WA.GOV>
Sent: Friday, July 24, 2020 1:35 PM
To: Joe Holliday
Cc: Beneski, Kristin (ATG); Coates, Spencer W. (ATG); Stolier, David A (ATG)
Subject: Student Visa Case - New ICE Guidance (Privileged & Confidential)

Joe –

Further to my email this morning, attached is new guidance issued by ICE this afternoon.  While we are still reviewing, it clarifies that:


  *   “The March 2020 guidance applies to continuing F and M nonimmigrant students who were in valid F-1 or M-1 nonimmigrant status on March 9, 2020, including those previously enrolled in entirely online classes who are outside of the United States and seeking to re-enter the country this fall,” and that “[s]tudents actively enrolled at a U.S. school on March 9, 2020, who subsequently took courses online while outside of the country can re-enter the United States, even if their school is engaged solely in distance learning.”
  *   “F and M students in new or initial status after March 9, 2020, will not be able to enter the United States to enroll in a U.S. school as a nonimmigrant student for the fall term to pursue a full course of study that is 100 percent online.”


Please forward and let others know they can reach out to us with any concerns regarding the new guidance.

Thanks,
Lauryn

_____________________________________________
From: Fraas, Lauryn (ATG)
Sent: Friday, July 24, 2020 11:33 AM
To: 'jholliday at sbctc.edu' <jholliday at sbctc.edu>
Cc: Beneski, Kristin (ATG) <kristin.beneski at atg.wa.gov>; Coates, Spencer W. (ATG) <Spencer.Coates at atg.wa.gov>; Stolier, David A (ATG) <David.Stolier at atg.wa.gov>
Subject: Student Visa Case - Update & Request for Information (Privileged & Confidential)


Joe –

I believe that you have been in contact with Dave this week about the status of the visa action.  The below email, however, provides additional details.  Can you please forward the below communication to any interested institutions?

Thanks,
Lauryn

Lauryn K. Fraas
Assistant Attorney General
Washington Attorney General’s Office
Direct: 206-521-5811 / Cell: 206-688-6785
Lauryn.Fraas at atg.wa.gov


ATTORNEY-CLIENT PRIVILEGED COMMUNICATION / CONFIDENTIAL

We are reaching out to update you on the status of the State of Washington’s student visa lawsuit and to request any additional information you might have related to issues in the case.

First, a brief update.  Last Friday, the Court signed the attached stipulation, in which the federal government stated as follows:

“Defendants have agreed to rescind, on a nationwide basis, the July 6, 2020
Broadcast Message and the July 7, 2020 FAQ at issue in the above-captioned
case, and have also agreed to rescind their implementation. This will preclude
enforcement of the July 6, 2020 Broadcast Message and July 7, 2020 FAQ.
Defendants have agreed to return to the March 9, 2020 and March 13, 2020 policy
published at https://www.ice.gov/coronavirus (last visited July 15, 2020).”

Notwithstanding the government’s representations on this issue, we have heard that some students have continued to face difficulties associated with the now-rescinded ICE policy (e.g., students being told by consular officers or other government officials that they will need updated I-20 forms or other proof that that their programs of study are not entirely online if they wish to obtain visas and/or enter the country, which is not accurate—only initial-status students are currently barred from entry).  If you are aware of any such problems at your institution, we would ask that you please advise us right away. We would like to begin building a factual record associated with any such problems. Please email or call Assistant Attorneys General Lauryn Fraas (lauryn.fraas at atg.wa.gov<mailto:lauryn.fraas at atg.wa.gov> / 206-688-6785), Kristin Beneski (kristin.beneski at atg.wa.gov<mailto:kristin.beneski at atg.wa.gov> / 206-595-3024), and/or Spencer Coates (spencer.coates at atg.wa.gov<mailto:spencer.coates at atg.wa.gov> / 206-287-4173) with any concerns regarding the now-rescinded ICE policy.

Second, we are also aware that in its July 15th FAQ, ICE advised that “[i]f Initial students have not arrived in the United States, they should remain in their home country.”  We are currently assessing options for potentially challenging this policy, and would welcome the input of your institution on the harms associated with this new policy.  If your institution is not appreciably harmed by this policy, we would like to know that as well.  Again, please free to email us or let us know if you would like to set up a call to discuss.

Thanks for all of your help on this important issue. We look forward to hearing from you.

- Lauryn Fraas, Kristin Beneski, & Spencer Coates

Lauryn K. Fraas
Assistant Attorney General
Washington Attorney General’s Office
Direct: 206-521-5811 / Cell: 206-688-6785
Lauryn.Fraas at atg.wa.gov<mailto:Lauryn.Fraas at atg.wa.gov>

<< File: 12 - Stipulation & Order.pdf >>

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