[dmvdoug]

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.

[firesteelrain]

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

[dmvdoug]

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.

[firesteelrain]

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.

[dmvdoug]

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!”

[firesteelrain]

yes, there are clear problems with the scope and political context of the request. But the legal framework does give DHS room to request information tied to student status compliance, even outside of term-start reporting. The question now is how much of that request was actually lawful, and how much was political theater cloaked in regulatory form.

[dgfitz]

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.

[dmvdoug]

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.

[dgfitz]

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?

[dmvdoug]

Probably my now 70 hours of being awake, honestly, sorry if I’m being snippy. Deep South gang, rise up!

[Slava_Propanei]

Governments may remove foreigners. Especially ones who come here to expand their internecine desert tribal rivalries that have no place in American communities.