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Case Name The Regents of the University of California v. U.S. Department of Homeland Security IM-CA-0165
Docket / Court 4:20-cv-04621 ( N.D. Cal. )
State/Territory California
Case Type(s) Education
Immigration and/or the Border
Special Collection COVID-19 (novel coronavirus)
Case Summary
COVID-19 Summary: This is a lawsuit brought by the University of California regents regarding the July 2020 release of ICE regulations which, in effect, meant that students on F-1 visas would risk deportation if their school shifted to online learning. No outcome yet.


Background ... read more >
COVID-19 Summary: This is a lawsuit brought by the University of California regents regarding the July 2020 release of ICE regulations which, in effect, meant that students on F-1 visas would risk deportation if their school shifted to online learning. No outcome yet.


Background
Generally speaking, F-1 visas (colloquially "student visas") can be granted to international students who attend American universities. However, regulations on the granting of these visas limit the amount of online or distance learning the student can engage in. According to these regulations, an international student can engage in only one such class or three credits of that class per semester. 8 C.F.R. § 214.2(f)(6)(i)(G).

The COVID-19 outbreak in early 2020 made this regulation untenable, as schools and universities had to shift to online learning systems. In response, defendant ICE issued an exemption on March 13, 2020, affirming that international students would be permitted to continue distance learning in the United States under their F-1 visas. The exemption would apply until the end of the emergency. However, on July 6, 2020, ICE issued a new directive stating that it would rescind that exemption. This directive would then mean that international students at schools that would still be fully online would have to either transfer to other schools that were at least partially in-person, go back to their countries voluntarily, or risk deportation. The directive also ordered schools that had gone fully online or had simply decided not to have classes to submit an "operational change plan" within nine days, and ordered schools that would have a hybrid system to certify each F-1 student to make sure that they were not taking entirely online courses.

The Lawsuit
In response to the new directive, The Regents of the University of California filed this lawsuit on July 10, 2020. They were represented by private counsel and in-house attorneys. The University sued the U.S. Department of Homeland Security and the U.S. Immigration and Customs Enforcement. Plaintiffs argued that the new directive was in violation of the Administrative Procedure Act (APA) in two ways. First, the directive was arbitrary and capricious. According to the plaintiffs, the directive failed to consider important aspects of the problem. It also did not address "serious reliance interests" and lacked any reasonable basis for the shift in policy. Second, the plaintiffs claimed that defendants did not go through notice-and-comment rule-making when issuing the new directive, and were therefore in violation of the APA. Plaintiffs sought declaratory relief, an order vacating and setting aside the new directive, and an order preventing the defendants from enforcing the the directive, and attorney's fees and costs.

Simultaneously, the plaintiffs submitted an ex parte motion for a temporary restraining order (TRO) which would enjoin the defendants from enforcing the new policy. They also filed a motion to shorten the time for consideration of the TRO, arguing that the court must take immediate action to avoid doing irreparable harm to the academic community.

The case is ongoing as of July 11, 2020.

Jack Hibbard - 07/11/2020


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Issues and Causes of Action
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Issues
Defendant-type
Jurisdiction-wide
General
Access to public accommodations - governmental
School/University Facilities
School/University policies
Immigration/Border
Admission - criteria
Admission - procedure
Border police
Deportation - criteria
Deportation - procedure
Visas - criteria
Visas - procedures
Plaintiff Type
Non-profit NON-religious organization
Type of Facility
Government-run
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) United States Department of Homeland Security
United States Immigration and Customs Enforcement
Plaintiff Description Regents of University of California
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filed 07/10/2020
Case Ongoing Yes
Case Listing IM-MA-0020 : President and Fellows of Harvard College v. U.S. Department of Homeland Security (D. Mass.)
IM-WA-0045 : State of Washington v. United States Department of Homeland Security (W.D. Wash.)
IM-CA-0166 : Z.W. v. U.S. Department of Homeland Security (C.D. Cal.)
IM-DC-0081 : Johns Hopkins University v. U.S. Department of Homeland Security (D.D.C.)
IM-CA-0167 : State of California v. U.S. Department of Homeland Security (N.D. Cal.)
IM-MA-0021 : Commonwealth of Massachusetts et al v. United States Department of Homeland Security (D. Mass.)
IM-OR-0011 : University of Oregon v. United States Department of Homeland Security (D. Or.)
Docket(s)
3:20-cv-4621 (N.D. Cal.)
IM-CA-0165-9000.pdf | Detail
Date: 07/10/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Plaintiff the Regents of the University of California's Ex Parte Motion for Order Shortening Time Re: Motion for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction; Declaration of Jennifer S. Romano in Support Thereof [ECF# 5]
IM-CA-0165-0003.pdf | Detail
Date: 07/10/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiff The Regents of the University of California's Ex Parte Motion for Order Shortening Time Re: Motion for Temporary Restraining Order and Order to show Cause Re: Preliminary Injunction; Declaration of Jennifer S. Romano in Support Thereof [ECF# 5 & 5-1]
IM-CA-0165-0004.pdf | Detail
Date: 07/10/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Plaintiff's Lawyers Jones, Molly A. (California) show/hide docs
IM-CA-0165-0003 | IM-CA-0165-0004
Kuwahara, Emily Tomoko (California) show/hide docs
IM-CA-0165-0003 | IM-CA-0165-0004
Lorenzen, Thomas A. (District of Columbia) show/hide docs
IM-CA-0165-0003 | IM-CA-0165-0004
Robinson, Charles Furlonge (California) show/hide docs
IM-CA-0165-0003 | IM-CA-0165-0004
Romano, Jennifer Salzman (California) show/hide docs
IM-CA-0165-0003 | IM-CA-0165-0004 | IM-CA-0165-9000
Sanchez, Sonya U. (California) show/hide docs
IM-CA-0165-0003 | IM-CA-0165-0004
Wolff, Daniel W (District of Columbia) show/hide docs
IM-CA-0165-0003 | IM-CA-0165-0004
Woodall, Allison M. (California) show/hide docs
IM-CA-0165-0003 | IM-CA-0165-0004
Wu, Margaret Louisa (California) show/hide docs
IM-CA-0165-0003 | IM-CA-0165-0004

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