The actual statute provides the categories of information schools must provide about their students. It’s not a “whatever we happen to ask for” list. See 8 U.S.C. § 1372. Needless to say, “protest activity” is not included.
We do not know yet what Harvard did and did not respond to. All we have is their word. If they didn’t provide what was required after DHS demanded what was legally required to be provided then DHS is on solid legal ground. I can’t really defend not providing something that isn’t called out as part of the law though
No, we gave the SEVIS revocation letter demanding a handful of categories of information, one of which is “protest activity.” And they are already required under the statute to provide one category of information requested: “any disciplinary action taken by the institution against the alien as a result of the alien’s being convicted of a crime or, in the case of a participant in a designated exchange visitor program, any change in the alien’s participation as a result of the alien’s being convicted of a crime.”
My main point, though, was this: (1) the information required to maintain SEVIS program is statutorily defined, so the government doesn’t get to arbitrarily expand that and then punish a school for noncompliance; and (2) we know of at least one category requested information that they are not allowed to ask for and that implicates nothing other than the exercise of a student’s First Amendment rights.
My point is we don’t know if they actually provided all the info that is statutorily required and/or the government is saying within those statutory rules you still didn’t provide it so by law it’s revoked (for now). We only have statements from both sides.
Seeing as it’s private most likely won’t see it via FOIA
Nah, this one is going to federal court for sure. It’ll all come out. But part of the rules are also that schools must provide the relevant information within 30 days of the start of an alien’s academic term. There’s a whole system set up to handle this. The system is not, government, go ask for this set of information whenever you feel like it and if the school doesn’t hop to it immediately, you may suspend. It says that if a school does not provide the information within the relevant period before the term starts, it shall be suspended. There is no discretionary wiggle room for the government to be like, well, I don’t think you’re giving me enough, or you’re not being cooperative enough.
Actually, that interpretation isn’t quite correct. The 30-day reporting window you’re referring to applies to initial SEVIS data entry and student registration at the beginning of each term-things like confirming enrollment, course load, address, etc. That’s under 8 CFR § 214.3(g)(2) and (l)(2), which govern routine reporting timelines for active F-1/M-1 students.
But the April 16 DHS request to Harvard wasn't routine. It invoked 8 CFR § 214.3(g)(1), which covers ad hoc or investigative information requests by DHS. That section gives DHS broad power to request any time the records needed to assess a student’s compliance with immigration status.
Yes, I was being sloppy. Nevertheless, they can still only request that particular set of documents. And it’s not to assess a particular student’s status but the school’s compliance with the program requirements. (They can of course check individuals to make sure they’re also complying.) And just from the face of the letter to Harvard you can see they’re going way beyond the enumerated categories of information. Not to mention intermingling other SEVP-unrelated complaints (DEI! Antisemitism!) as to why Harvard is being targeted.
Our immigration system is so profoundly screwed up, and there is no doubt the executive agencies have wide powers to draw on, but they’re not even trying to provide a fig leaf of legality. It’s straight, “Comply or suffer!”
Rights don’t exist if you’re not a citizen. Isn’t that the whole crux of the debate? Glossing over that part, and as a former lawyer you should know better, means everything.
You’re wrong about that. It doesn’t say “Congress shall make no law, unless it targets non-citizens.” The First Amendment is a constraint on what governments may do.
Wish I had a way to privately get your digits. We accidentally seem to be knocking heads, and I bet you’re a great person to grab a coffee with. East coast?
Governments may remove foreigners. Especially ones who come here to expand their internecine desert tribal rivalries that have no place in American communities.
And all we have is DHS' word that Harvard didn't provide what was required. This is simply ridiculous and everything needs to be easier for the public to double-check so we can call bullshit in the right direction.
The bayesean priors aren't the same for the two parties: One is a 30-time convicted criminal infamous for lying to get his way (tens of thousands of such lies on the record); The other is not.
If your first instinct isn't that the infamous known liar isn't the one lying here, then the bias here is yours.