3 Court Victories in June 2020 (June 19, 2020)

Despite the sucker punch 2020 has thrown our way this year with the COVID-19 global pandemic, this week has proven to be the bringer of good news, as far as the legal system of the U.S. is concerned. Here are three areas where we’ve witnessed positive outcomes:

  1. CARES Act

A federal judge blocked the U.S. Department of Education (USDE) from limiting emergency aid grants under the CARES Act. This is seen as a setback for Education Secretary, Betsy Devos. It was also the second time in a week that a federal judge blocked the USDE from enforcing its interpretation that limits student eligibility for emergency aid grants under CARES Act for some colleges. To read more, click here

  1. DACA Protection

In a rebuke to the Trump Administration, The Supreme Court on Thursday June 18, 2020 rejected President Donald Trump’s effort to end legal protections for 650,000 young immigrants. Those who were part of the Deferred Action for Childhood Arrivals (DACA) will retain protection from deportation and authorization to work in the United States. To read more, click here

  1. LGBTQ Rights Protected

Another stunning rebuke from the Supreme Court this week was its ruling that it’s illegal to fire people because they’re gay or transgender. To read more, click here

What’s next?

Though these are epic legal victories, we cannot rest on our laurels. We have heard that there is the strong possibility of a forthcoming presidential proclamation (aka Executive Order) that would modify federal foreign student visa policy in ways that would have a dramatic and negative impact on higher education institutions. According to a message ACEI received from the Association of International Education Administrators (AIEA) earlier this week:

“The measure will be consistent with broad, long-standing Administration goals to curb   immigration, but will be framed as a response to the spike in Covid-19 era unemployment numbers.  Higher education institutions and the business community  have pointed out that visas with job-related components do not create unemployment in the U.S., in fact they help economic development.”

It is expected that the suspension of various visa categories and sub-programs will be announced soon. AIEA warns:

“Note that the action will be a suspension, and we hear that it will be framed as a 60, 90, 120, or 180-day period.  Rather than an outright ban, the move appears to be calculated to avoid regulatory and legislative oversight. These measures will be effective  immediately, and existing visas and approvals are likely to be reversed.  Suspensions of  this type are easy to extend and will persist regardless of the outcome of the November  3 election.”

AIEA, along with sister organizations and in coalition with others, recommends that the most effective way to change the trajectory of these moves is for member institutions and organizations to directly contact their congressional delegations through letters, and in concert with measures your government affairs offices may be taking.  AIEA notes: “We have seen some movement in likely components of the proclamation in response to external input – as well as resistance.  There is hope that a groundswell of advocacy for the continuation of job-related visas might help stem potential draconian moves.”

We urge you to act.

The Academic Credentials Evaluation Institute, Inc. (ACEI), was founded in 1994 and is based in Los Angeles, California, USA.  ACEI is a full-service company providing complete and integrated services in the areas of international education research, credential evaluation, and translation. ACEI’s Global Consulting Group®, offers expertise in the following specialties: Media and Branding, Global Pathways, and Diversity, Equity and Inclusion (DEI) to interested institutions and organizations around the globe. www.acei-global.org

Leave your comment