Pennsylvania is joining 16 other states in a lawsuit to block a federal rule that could prevent hundreds of thousands of international students — including those who attend Slippery Rock University — from studying in the United States.

Attorney General Josh Shapiro said he is filing the suit with the other states to challenge an abrupt policy change by U.S. Immigration and Customs Enforcement to reverse guidance issued March 13 that recognized the COVID-19 public health emergency, provided flexibility for schools and allowed international students with F-1 and M-1 visas to take classes online for the duration of the emergency.

“Slippery Rock University is an international education destination with students hailing from dozens of countries from around the world,” SRU President William Behre said in an open letter Monday supporting the international students.

The school had more than 70 international students from 30 countries during the spring semester.

“We cherish each of you and all that you bring to our campus. You are integral parts of our community and we value your voices and contributions,” Behre said. “As such, I want you to know that you are welcome and we will continue to help you achieve your educational goals.”

ICE ruling

On July 6, ICE announced that international students can no longer live in the United States and take all of their classes online during the pandemic, upending months of planning by colleges and universities to limit in-person instruction in favor of remote learning and adapt their coursework for the fall semester, leaving thousands of students with no other choice but to leave the country, Shapiro said.

ICE instructed educational institutions to advise the federal government by July 15 whether they intend to offer only remote courses in the fall semester, and to certify by Aug. 4 for each of the institutions' international students that the students' upcoming coursework this fall will be in person or a “hybrid” of in-person and online learning to maintain their visa status.

This demand comes at a time when many faculty, staff and students are not on campus and may not even be in the country, Shapiro said. Students may not even have registered for fall classes, and schools and individual teaching staff members may not yet have determined whether classes will be held remotely, in person or a combination, he said.

“(U.S. Secretary of Education) Betsy Devos's attempt to take advantage of an international pandemic — to push a cynical, partisan agenda that threatens the health and safety of young people who want to pursue an education is cruel, illegal and puts our already fragile economy at risk,” Shapiro said. “I'm working hard to ensure that students in Pennsylvania can safely continue their education at universities across the commonwealth in the fall, without fear of partisan interference.”

Behre said the ICE rule requiring international students to take most of their classes face to face to maintain their visas has existed for a number of years. ICE waived the rule in the spring due to the pandemic, but is enforcing it again.

He slammed the reinstatement of the rule.

“In this environment to add another layer of uncertainty to students who already have concerns about traveling, it's unconscionable,” Behre said.

One of his biggest concerns, he said, is the fate of international students if the pandemic worsens and schools are forced to use online instruction only. He said travel bans might prevent those students from returning home.

Supporting students

In the open letter, Behre said the school will stand by them and oppose rules that prevent them from pursuing education.

“SRU will continue to stand by you and oppose any measures that would limit your ability to pursue your education. As such, we are doing everything in our power to ensure your ability to continue your studies safely,” Behre said.

Behre encouraged international students to continue to enroll in multimodal courses — which are SRU's version of hybrid education, which is allowable under current regulations — in the fall.

The letter asks international students to pay attention to emails they receive from the school's Office for Global Engagement, which is monitoring the situation, for updates and guidance.

The state lawsuit also alleges reinstating the rule imposes significant economic harm by precluding thousands of international students from coming to and residing in the United States and finding employment in fields such as science, technology, biotechnology, health care, business and finance, and education, and contributing to the overall economy.

Massachusetts, Colorado, Connecticut, Delaware, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Virginia, and Wisconsin are the other states in the lawsuit, while the District of Columbia has also signed on.