Harvard, MIT sue federal government over rules that could force international students to leave the U.S.

Harvard University and the Massachusetts Institute of Technology have sued the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) to block imposition of guidelines that could force international students to leave the country.

The Harvard Crimson reports that the lawsuit seeks a temporary restraining order and preliminary and permanent injunctive relief to bar the federal agencies from enforcing guidelines that bar international students who attend colleges offering only online courses from staying in the United States.

The guidelines state that unless international students transfer to an institution offering in-person instruction, they risk “immigration consequences including, but not limited to, the initiation of removal proceedings.”

“The order came down without notice—its cruelty surpassed only by its recklessness,” Harvard President Lawrence S. Bacow wrote in an email. “We believe that the ICE order is bad public policy, and we believe that it is illegal.”

[EARLIER: International students must take in-person college classes to remain in the United States]

The guidelines were announced just hours after Harvard announced it would house no more than 40 percent of undergraduates and would hold all classes online in the fall.

MIT President L. Rafael Reif said in an email that the government has provided no rationale for its action.

"ICE is unable to offer the most basic answers about how its policy will be interpreted or implemented. And the guidance comes after many US colleges and universities either released or are readying their final decisions for the fall."

The suit brought by Harvard and MIT asserts that the guidelines violate the Administrative Procedure Act by failing to consider “important aspects of the problem” in advance of its release, failing to provide a reasonable basis for the policy, and failing to adequately notify the public.