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Case Name University of Oregon v. United States Department of Homeland Security IM-OR-0011
Docket / Court 6:20-cv-01127 ( D. Or. )
State/Territory Oregon
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
Twenty public and private universities filed this lawsuit on July 13, 2020 in the U.S. District Court for the District of Oregon. The universities, represented by private counsel, sued the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement. They alleged that the defendants violated the Administrative Procedure Act (APA) in two ways. First, the directive was arbitrary and capricious because it was not based in reasoned decision-making. Second, the directive was arbitrary and capricious because the supposed reasons behind it were only pretextual. Plaintiffs requested that the court grant declaratory relief, calling the order illegal. They also requested injunctive relief in the form of a temporary restraining order, preliminary injunction, and permanent injunction that would prohibit the government from enforcing the new directive. They also asked that the court vacate and set aside the order. Finally, they requested reasonable costs and attorney's fees.

That same day, plaintiffs also submitted a motion for summary judgment which largely followed the same arguments as the original complaint. They also submitted a motion to accelerate or expedite briefing and discovery.

On July 14, the case was assigned to Magistrate Judge Mustafa T. Kasubhai. Judge Kasubhai referred the motion for a temporary restraining order to Judge Michael J. McShane.

Meanwhile, in a different lawsuit filed against the administration over the same directive, President and Fellows of Harvard College, plaintiffs met with counsel for the government and worked to get the July 6 directive rescinded. Therefore, on July 15, Judge Kasubhai asked the parties in this case to confer to discuss how to proceed with the case.

The case is ongoing as of July 15, 2020.

Jack Hibbard - 07/15/2020


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Issues and Causes of Action
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Issues
Defendant-type
Law-enforcement
General
Access to public accommodations - governmental
Access to public accommodations - privately owned
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 religious organization
Type of Facility
Government-run
Non-government non-profit
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 U. of Utah, Claremont McKenna College, U. of San Francisco, Scripps College, Arizona State U., Pomona College, U. of Arizona, U. of Oregon, Northern Arizona U., Seattle U., U. of the Pacific, Saint Mary's College of California, Stanford U., Oregon State U., California Institute of Technology, Chapman U., Pitzer College, President and Board of Trustees of Santa Clara College, U. of San Diego, U. of Southern 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 07/13/2020
Case Ongoing Yes
Case Listing IM-CA-0165 : The Regents of the University of California v. U.S. Department of Homeland Security (N.D. Cal.)
IM-CA-0166 : Z.W. v. U.S. Department of Homeland Security (C.D. Cal.)
IM-CA-0167 : State of California v. U.S. Department of Homeland Security (N.D. Cal.)
IM-WA-0045 : State of Washington v. United States Department of Homeland Security (W.D. Wash.)
IM-MA-0020 : President and Fellows of Harvard College v. U.S. Department of Homeland Security (D. Mass.)
IM-MA-0021 : Commonwealth of Massachusetts et al v. United States Department of Homeland Security (D. Mass.)
IM-DC-0081 : Johns Hopkins University v. U.S. Department of Homeland Security (D.D.C.)
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
6:20-cv-01127 (D. Or.)
IM-OR-0011-9000.pdf | Detail
Date: 07/17/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-OR-0011-0001.pdf | Detail
Date: 07/13/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 2]
IM-OR-0011-0002.pdf | Detail
Date: 07/13/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Summary Judgment [ECF# 12]
IM-OR-0011-0003.pdf | Detail
Date: 07/13/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Expedited Briefing and Discovery [ECF# 22]
IM-OR-0011-0004.pdf | Detail
Date: 07/13/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Kasubhai, Mustafa T. Court not on record [Magistrate] show/hide docs
IM-OR-0011-9000
Plaintiff's Lawyers Dettmer, Ethan D. (California) show/hide docs
IM-OR-0011-0002 | IM-OR-0011-0003 | IM-OR-0011-0004 | IM-OR-0011-9000
Evangelis, Theane (California) show/hide docs
IM-OR-0011-0002 | IM-OR-0011-0003 | IM-OR-0011-0004 | IM-OR-0011-9000
Fong, Oliver Joe (New York) show/hide docs
IM-OR-0011-0002 | IM-OR-0011-0003 | IM-OR-0011-0004 | IM-OR-0011-9000
Gose, Rebecca (Oregon) show/hide docs
IM-OR-0011-0002 | IM-OR-0011-0003 | IM-OR-0011-0004 | IM-OR-0011-9000
Hill, Whitney (Oregon) show/hide docs
IM-OR-0011-0001 | IM-OR-0011-0002 | IM-OR-0011-0003 | IM-OR-0011-0004
McGill, Matthew Dempsey (District of Columbia) show/hide docs
IM-OR-0011-0002 | IM-OR-0011-0003 | IM-OR-0011-0004 | IM-OR-0011-9000
Olson, Theodore B. (District of Columbia) show/hide docs
IM-OR-0011-0002 | IM-OR-0011-0003 | IM-OR-0011-0004 | IM-OR-0011-9000
Park, David D. (Oregon) show/hide docs
IM-OR-0011-0002 | IM-OR-0011-0003 | IM-OR-0011-0004 | IM-OR-0011-9000
Penry, Julie (Oregon) show/hide docs
IM-OR-0011-0001 | IM-OR-0011-0002 | IM-OR-0011-0003 | IM-OR-0011-0004
Price, Jessica (Oregon) show/hide docs
IM-OR-0011-0001 | IM-OR-0011-0002 | IM-OR-0011-0003 | IM-OR-0011-0004
Reed, Kevin S. (Oregon) show/hide docs
IM-OR-0011-0002 | IM-OR-0011-0003 | IM-OR-0011-0004 | IM-OR-0011-9000
Southwell, Alexander H. (New York) show/hide docs
IM-OR-0011-0002 | IM-OR-0011-0003 | IM-OR-0011-0004 | IM-OR-0011-9000
Thomas, Chelsea Mae (California) show/hide docs
IM-OR-0011-0002 | IM-OR-0011-0003 | IM-OR-0011-0004 | IM-OR-0011-9000
Wesneski, Joshua Morgan (District of Columbia) show/hide docs
IM-OR-0011-0002 | IM-OR-0011-0003 | IM-OR-0011-0004 | IM-OR-0011-9000
Yang, Deborah W. (California) show/hide docs
IM-OR-0011-0002 | IM-OR-0011-0003 | IM-OR-0011-0004 | IM-OR-0011-9000
Defendant's Lawyers Conti, Patrick J. (Oregon) show/hide docs
IM-OR-0011-9000
Rice-Stitt, Austin (Oregon) show/hide docs
IM-OR-0011-9000

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