{"id":1490,"date":"2025-05-01T12:01:50","date_gmt":"2025-05-01T12:01:50","guid":{"rendered":"http:\/\/thetoptenwebhosts.com\/?p=1490"},"modified":"2025-05-06T13:45:06","modified_gmt":"2025-05-06T13:45:06","slug":"nyu-has-a-moral-obligation-to-protect-noncitizen-students-immigration-experts-say","status":"publish","type":"post","link":"http:\/\/thetoptenwebhosts.com\/index.php\/2025\/05\/01\/nyu-has-a-moral-obligation-to-protect-noncitizen-students-immigration-experts-say\/","title":{"rendered":"NYU has a \u2018moral obligation\u2019 to protect noncitizen students, immigration experts say"},"content":{"rendered":"

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Earlier this week, all NYU students who were affected by the Trump administration\u2019s crackdown on immigration <\/span>had their legal status reactivated<\/span><\/a> after the State Department faced scrutiny from federal courts \u2014 ending a nearly monthlong attack on student visa holders. Despite the reversal, U.S. Immigration and Customs Enforcement has said it would <\/span>create a new policy<\/span><\/a> providing a \u201cframework for status record termination.\u201d Three immigration experts spoke to WSN about NYU\u2019s role in protecting its international community, accusing the government of violating the First Amendment.<\/span><\/p>\n

Richard Boswell, a professor at the University of California College of the Law, San Francisco, said that a university\u2019s relationship with the Department of Homeland Security in regard to monitoring student visas is \u201cvery complicated,\u201d and that the university is effectively sponsoring the student.\u00a0<\/span><\/p>\n

\u201cIt all depends on what the cancellation is based on,\u201d Boswell said. \u201cWas it based on a parking ticket, which is not a basis for concluding that the person is out of status? Is it that the student didn\u2019t go to classes? Or was it something larger like the secretary of state, in an extreme case, canceling that person\u2019s visa?\u201d<\/span><\/p>\n

Boswell, who also <\/span>directs an immigrants rights clinic<\/span><\/a> at UC Law SF, said that if a student has done something \u201cthat might render them no longer eligible\u201d for their visa, then the school should have \u201ca moral obligation\u201d to inform the student about their status change. He said that in the event a student\u2019s legal status is canceled, they may still have a right to a hearing to determine whether or not the cancellation is \u201csupportable in an immigration court.\u201d<\/span><\/p>\n

In the last few weeks, deans across NYU\u2019s schools <\/span>have held in-person sessions<\/span><\/a> with students and faculty about ICE\u2019s recent visa revocations. At the sessions, representatives from the Office of Global Services said that only a \u201clow\u201d number of NYU affiliates had seen changes to their immigration status, and that some had recorded misdemeanors. They also said they have been in direct contact with all students who faced changes to their immigration status and stated that although OGS faculty cannot check whether or not the student\u2019s visa was revoked, but that they could monitor their legal status.\u00a0<\/span><\/p>\n

Boswell said that \u201cthere are a lot of things that a university could possibly do\u201d to protect noncitizen students potentially at risk of having their legal status terminated. Boswell said that a university\u2019s First Amendment rights would also be impacted if a student faced changes to their status, noting that \u201cpart of the reason for bringing in foreign students is because they\u2019re coming in with a different perspective.\u201d<\/span><\/p>\n

\u201cA university does have a role to play in this, and they may possibly consider whether or not they should be bringing actions against the federal government,\u201d Boswell said. \u201cThe university may \u2014 I think, should \u2014 want to protect its own private space to not just openly allow immigration to do whatever it wants to do.\u201d<\/span><\/p>\n

Last month, NYU\u2019s chapter of the American Association of University Professors <\/span>sued the federal government<\/span><\/a> for its detainment of noncitizens on college campuses protesting Israel\u2019s ongoing siege in Gaza. The lawsuit accuses Trump, the DHS and the State Department of violating the \u201cright to listen\u201d under the First Amendment, claiming that the detainments of pro-Palestinian protesters at schools like Columbia University and Tufts University have created a \u201cclimate of repression and fear\u201d on college campuses.\u00a0<\/span><\/p>\n

Boswell said that immigration agents should \u201coperate within the law\u201d on college campuses, including having a warrant to access campus buildings, enter classrooms or question people. NYU <\/span>has said<\/span><\/a> that law enforcement must have a judicial warrant or subpoena \u201cto enter NYU facilities for immigration-related enforcement purposes.\u201d The university also stated that it does not \u201cvoluntarily provide information\u201d about NYU affiliates to third parties, including government agencies.<\/span><\/p>\n

\u201cWe have people who are here in the United States, and all they\u2019re doing is expressing a view, and the government is saying that those views are, in their minds, reprehensible, inactionable, and in others\u2019 minds, they\u2019re just views \u2014 they\u2019re just opinions,\u201d Boswell said. \u201cNo one is saying that these students or these faculty members or whoever are actually taking any action that might be regarded as unlawful, terroristic or whatever.\u201d<\/span><\/p>\n

Charles Kuck, the former president of the American Immigration Lawyers Association, said that the federal government has justified the mass revocations of student visas as \u201cprudential revocations,\u201d which the Department of State can rule for visas based on \u201c<\/span>suspected ineligibility<\/span><\/a>.\u201d He said that although such revocations have \u201cno meaning\u201d in actuality, universities are obligated to comply with federal law.\u00a0<\/span><\/p>\n

\u201cThe rules on visa revocations are very narrowly construed and are really designed to only occur in grievous situations or situations of extreme national importance or national interest,\u201d Kuck said. \u201cThe students that were recently terminated fill none of those categories.\u201d\u00a0<\/span><\/p>\n

Jeff Joseph, who works as a litigator on government strategies, said that visa revocations have no impact on a person\u2019s underlying immigration status. Instead, he said that threats of deportation serve as a \u201ccompliance tool\u201d that results in students getting \u201ckicked out of schools and kicked out of their dorms.\u201d He emphasized that NYU has an obligation to uphold values of free speech, despite seeing backlash from the government as cuts to research funding.\u00a0<\/span><\/p>\n

\u201cThis is not only a legal obligation to their core mission, but also a constitutional and moral obligation to continue with the idea that the whole point of our democracy is that we want people to disagree with each other,\u201d Joseph said. \u201cIt\u2019s a travesty of existential proportions for our universities. My sincere hope is that they don\u2019t cower in fear and that they fight back aggressively.\u201d\u00a0<\/span><\/p>\n

Jennifer Jesus contributed reporting.<\/span><\/i><\/p>\n

Contact Yezen Saadah at ysaadah@nyunews.com.\u00a0<\/em><\/p>\n

This story NYU has a \u2018moral obligation\u2019 to protect noncitizen students, immigration experts say<\/a> appeared first on Washington Square News<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

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