Today, the Association of American Universities (AAU), Presidents’ Alliance on Higher Education and Immigration, NAFSA: Association of International Educators, and the Association of Independent Colleges and Universities in Massachusetts (AICUM) filed a lawsuit against United States Immigration and Customs Enforcement (ICE), the Department of Homeland Security, and the Department of Justice in response to two broadcast messages the agency sent in August, which suddenly – and without explanation – drastically changed a position that the federal government had endorsed for more than 35 years regarding Curricular Practical Training (CPT) for international students. This dramatically different interpretation from the agency that oversees CPT has put longstanding campus practices and students’ access to these opportunities at risk, without notice and comment or sufficient time for colleges and universities to respond.
The suit, filed in the U.S. District Court for the District of Massachusetts, asks the court to stop the government’s actions before they cause further harm to students, universities, their communities, and the country.
“America’s colleges and universities have long attracted the world’s best talent not only because of the high-quality education and research that they offer, but also because of the practical learning opportunities U.S. institutions offer for students’ future professional lives – including programs like CPT,” said AAU President Barbara R. Snyder. “Suddenly upending CPT just as the fall semester begins will have long-term negative consequences not only for our students and universities, but for all Americans.”
CPT enables talented international students to participate in internships and other practical learning experiences connected to their academic programs. These opportunities benefit students, their communities, and the country.
“We are going to court to protect our students and institutions,” said Presidents’ Alliance President and CEO Miriam Feldblum. “ICE’s broadcast messages announced a change to longstanding CPT requirements and threatened serious consequences for campus staff and institutions. Colleges and universities across the country have paused or halted CPT authorizations, and students have already lost internships and other placements. We are asking the court to act swiftly to stop the government’s actions and restore the longstanding CPT framework that campuses and international students have relied on for decades to plan academic programs and practical training.”
The legal complaint argues that the government’s new interpretation of longstanding CPT requirements would severely limit international students’ ability to participate in internships and other experiential learning opportunities that allow them to directly apply knowledge learned in the classroom and gain real-world experience. These hands-on training opportunities are directly connected to their academic courses of study and approved by their colleges and universities. The government’s recent messages to university administrators state that students will only be eligible for CPT when such practical experiences are mandatory for all students in a program. This means that an academically supervised internship or practicum for course credit would be unavailable to an international student if it is an elective rather than a graduation requirement for their degree.
“Changing how CPT is administered through broadcast messages, without formal rulemaking, is an aberration that must be challenged,” said NAFSA Executive Director and CEO Fanta Aw. “These abrupt changes have placed Designated School Officials—the professionals responsible for advising international students and ensuring institutional compliance—in an untenable position, forcing them to navigate significant new restrictions and uncertainty without the clarity and due process that formal rulemaking provides. Hands-on, experiential learning is a hallmark of a U.S. education, and restricting access to it in this way is already disrupting opportunities for international students. The consequences extend well beyond individual students and campuses. Driving away international student talent will have long-term consequences for U.S. research, innovation, workforce development, and global competitiveness.”
The suit argues that the government’s actions are legally flawed and would cause irreparable harm for a number of reasons:
- The change was announced abruptly, without a substantive explanation, period for public comment, or acknowledgment that it departed from the federal government’s previous longstanding interpretation of CPT.
- The communications sent directly to campus university designated school officials (DSOs) threatened them with severe institutional penalties and potential personal liability for practices that the government had previously long permitted.
- The broadcast messages needlessly disrupt the plans and expectations of students, schools, and others in the community, who responsibly planned their affairs around the government’s longstanding position that these practical-training opportunities will remain permitted.
“The CPT Broadcast messages of August 12 and 24 have caused substantial disruptions on college campuses across Massachusetts,” said AICUM President Rob McCarron, “International students are critical to the Massachusetts higher education ecosystem, and the sudden and arbitrary changes to CPT create great uncertainty for both students and school officials as they work to obtain necessary approvals for important CPT work authorizations. This action is yet another attempt by the Administration to dissuade talented international students from continuing their education in America.”
These changes have had immediate and adverse consequences. Many colleges and universities have been forced to halt CPT authorizations, upending long-planned internships and other training opportunities for thousands of students. As a result of these changes, some students have already lost positions they secured months ago.
The consequences are also spread across many disciplines and industries – some of which are vital to long-term U.S. economic and scientific competitiveness. CPT supports students in computer science business, public policy, health fields, the arts, and many other areas of study. It advantages employers, research institutions, community organizations, and public agencies that benefit from the knowledge, skills, and global perspectives international students bring to the workplace. As the White House’s National Security Science & Technology Strategy notes, our country only benefits “by attracting and retaining top-tier global talent in critical national security science and technology fields.”
The plaintiffs are seeking to restore the government’s longstanding CPT framework, protect students and institutions from retroactive penalties, and ensure that international students can continue to access academically meaningful training opportunities that benefit not only them, but employers, communities, and our entire nation.
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Founded in 1900, the Association of American Universities is composed of America’s leading research universities. AAU’s 71 research universities transform lives through education, research, and innovation. AAU’s member universities earn the majority of competitively awarded federal funding for research that improves public health, seeks to address national challenges, and contributes significantly to our economic strength, while educating and training tomorrow’s visionary leaders and innovators. AAU member universities collectively help shape policy for higher education, science, and innovation; promote best practices in undergraduate and graduate education; and strengthen the contributions of leading research universities to American society.
NAFSA: Association of International Educators is the world's largest and most comprehensive nonprofit association dedicated to international education and exchange. NAFSA promotes policies that ensure the continued growth and impact of global learning, cultural exchange, and mutual understanding through study abroad, international student services, and campus internationalization. With a network of over 10,000 professionals in the field at more than 3,500 institutions in 150+ countries, NAFSA is committed to fostering a more globally connected and peaceful world.
The nonpartisan, nonprofit Presidents’ Alliance on Higher Education and Immigration brings college and university presidents, chancellors, and their institutions together on the immigration issues that impact higher education, our students, campuses, communities and nation. We work to support immigrant, international and refugee students, and advance forward-looking immigration policies and practices at the federal level, in our states, and across our college campuses. The Alliance is composed of close to 600 college and university presidents and chancellors of public and private colleges and universities and their institutions, enrolling over five million students in 42 states, D.C., and Puerto Rico.
AICUM is an organization established in 1967 by college and university presidents that represents 55 private colleges and universities across the Commonwealth of Massachusetts. It is the leading voice on public policy issues affecting independent higher education in Massachusetts. AICUM works closely with its member institutions to address state and federal legislative and regulatory issues, and to promote increased awareness of the significant contributions that colleges and universities make to the cultural, economic, and knowledge-based reputation of Massachusetts. AICUM is headquartered in Belmont, Massachusetts.