- Budget and Appropriations Update
- AAU, Associations Urge State Department to Provide Guidance for Current and Future International Student Visas
- AAU Joins Organizations to Submit Amicus Brief on Fiduciary Duties Case
- AAU, APLU, AAMC, and ACE Propose Additional COVID-19 Research Relief Funding
- Administration Appeals Unlawful Presence and Student Visas Decision
BUDGET AND APPROPRIATIONS UPDATE
House appropriators are working to move FY21 appropriations forward and have set preliminary subcommittee spending figures to begin drafting legislation, Bloomberg Government reports. The 302(b) allocations for each of the 13 spending bills have been shared with subcommittee leaders but have not bene publicly released. House Appropriations Chair Nita Lowey (D-NY) has announced that the committee will hold markups “when Congress returns to Washington.”
Rep. Lowey has also proposed exempting key programs from the discretionary spending limits considering the coronavirus epidemic. Labor-HHS-Education Subcommittee Ranking Member Tom Cole (R-OK) agreed, citing the CDC, NIH, and Strategic Stockpile as areas that will all need significant funding increases on a regular basis and suggesting that exempting key health programs from the spending limits “makes exceptional sense.” The Bipartisan Budget Act of 2019 set limits of $671.5 billion for defense and $626.5 billion for nondefense spending, representing only a 0.5 percent increase in discretionary spending levels from FY20 to FY21.
AAU, ASSOCIATIONS URGE STATE DEPARTMENT TO PROVIDE GUIDANCE FOR CURRENT AND FUTURE INTERNATIONAL STUDENT VISAS
AAU on Wednesday joined ACE and four other higher education associations on a letter to the State Department urging them to provide guidance for 1 million current – and countless future – international students studying at America’s colleges and universities. The letter expresses concern about the suspension of premium processing, urges the department to consider waiving in-person interviews for F-1 and M-1 applicants, and follows up on an earlier request to grant visa status flexibility for F-1 students following graduation.
RESOURCES AVAILABLE: AAU, Associations Send Letter to DHS and State Seeking Guidance on Visa Programs During Coronavirus
AAU JOINS ORGANIZATIONS TO SUBMIT AMICUS BRIEF ON FIDUCIARY DUTIES CASE
AAU recently joined eight other higher education organizations to file an amicus brief in Sacerdote et al. v. New York University, the first case to go to trial among 20 lawsuits challenging university management of 403(b) retirement plans. The plaintiffs in this case are represented by the same law firm that has filed many similar lawsuits against private universities since 2016, all seeking to hold universities accountable for not having their 403(b) plans look more like corporate 401(k) plans.
The brief explains that the higher education retirement system has always looked different than the system for industrial and corporate America and underscores the reasonableness of NYU’s decision-making informed by a cohort of university plans rather than 403(b) plans. A ruling by the 2 nd U.S. Circuit Court of Appeals sustaining the verdict favoring NYU would be important for the broader higher education community, because it could resonate though other jurisdictions. Conversely, a rejection of NYU’s approach is likely to invite more of these lawsuits. AAU previously participated in amicus briefs in a related 403(b) case.
AAU, APLU, AAMC, AND ACE PROPOSE ADDITIONAL COVID-19 RESEARCH RELIEF FUNDING
On Tuesday, AAU led APLU, AAMC, and ACE on a letter to congressional leaders thanking them for their efforts on COVID-19 relief and urging their continued support for the U.S. research enterprise and the government-university partnership. The letter identifies six areas of impact that will be affected due to research inactivity and suggests additional support for: the research workforce; COVID-19-related research costs; the cost of winding down and eventually restarting research activities; strains on core research facility staff; administrative burden; and visa status for international students.
The letter recommends that lawmakers include more funding in the next COVID-19 relief and economic stimulus bill for federal research grants and contracts to cover unforeseen costs and sustain the nation’s research workforce. The associations also recommend temporary regulatory and audit flexibility, resources for the State Department and USCIS to clear the backlog of visa renewals and applications for international students and researchers, and consideration of research infrastructure needs if Congress determines national infrastructure needs will be addressed in the next or future COVID-19 relief and stimulus measures.
RESOURCE AVAILABLE: AAU, ACE, APLU, and AAMC Recommend Lawmakers Provide Relief for Research Support
ADMINISTRATION APPEALS UNLAWFUL PRESENCE AND STUDENT VISAS DECISION
The Trump administration on April 3 filed an appeal to the U.S. Court of Appeals for the 4th U.S. Circuit Court of Appeals in the case, Guilford College v. Department of Homeland Security, challenging a federal district court’s February 6 decision permanently enjoining implementation of USCIS’s August 2018 “ unlawful presence memo ” that changed how violations of student status are calculated. The plaintiffs’ attorneys believe that the injunction will remain in place for some time unless the 4th Circuit grants a stay, which most believe is unlikely. It is anticipated that the appeals process will take 10-12 months or longer. If a new presidential administration is elected in November, the memo could be rescinded.
In 2018, AAU’s Board of Directors made the unprecedented decision to support the litigation despite not being a named plaintiff. The plaintiffs allege the memo violates federal regulatory law and conflicts with federal immigration law. This lawsuit is an important effort to support international students and scholars and help them avoid status violations.