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Letter to the Senate Judiciary Committee Regarding Feinstein Proposal on Student Visas

[NASFAA is one of 27 associations and organizations to endorse the following letter to members of the Senate Judiciary Committee.]

October 2, 2001

Dear Senator:

In the wake of the September 11th terrorist attacks, Congress is moving swiftly to enact legislation to minimize the risk of future tragedies. Because one of the terrorists entered the United States on a student visa, there is considerable interest in looking carefully at the process by which such visas are issued. A large number of higher education associations have sent a letter to Congress proposing specific changes to the current system.

One element of a proposal from Senator Dianne Feinstein (D-CA) would authorize full federal funding for the Cooperative Interagency Program Regulating International Students (CIPRIS). This action would eliminate the complex questions surrounding the student payment of fees that have plagued CIPRIS since its inception and we strongly support this.

However, another part of her proposal would have a terribly negative impact and we vigorously oppose it. She has announced that she wants to impose a six-month moratorium on all student visas. The moratorium would be intended "to give the INS time to fully develop its foreign student tracking system and to put into place the necessary infrastructure to detect foreign students who have violated the terms of their visas."

We believe that Senator Feinstein's idea will accomplish little while making it absolutely impossible for foreign students to enroll at American colleges. Her plan will not likely make a significant difference: student visas represent just 2 percent of the total visas issued in any given year, and her proposal would not affect the remaining 98 percent. So her plan would prohibit all foreign students but leave all other visa options untouched.

What is more, according to INS data, of the 1.67 million "deportable aliens" in the U.S. in 1998, only 599 — 4/100 of one percent — entered the country on a student visa, making foreign students far and away the most law-abiding members of any other major visa category.

More generally, Senator Feinstein's idea is not in the nation's strategic or economic interest. Foreign students who are denied the opportunity to study in the United States will enroll in higher education in another country. The loss to the United States in terms of intellectual accomplishment, goodwill, and lost economic activity will be enormous. It will take decades to undo the damage that even a "temporary" ban will create.

During my tenure as president of the University of Wisconsin-Madison, we had more than 4,000 international students enrolled on our campus. These students are diligent about their studies and add diversity to the campus. When they return to their home countries, they are the best ambassadors we could ever have for democracy, personal freedom, and market-based economies. International education leads to understanding and respect for different people and cultures. If anything, we need more of it now, not less. Presidents of colleges and universities around the country agree with me overwhelmingly on this issue.

Thus, while we strongly support the Senator's plan to revise the CIPRIS payment system in a way that will eliminate the administrative problems that have plagued this system from the beginning, we are strongly opposed to any blanket freeze on student visas because it will undermine the nation's long term strategic and economic interests and is unlikely to deter entry into the country of potential terrorists.

We have urged our institutions to contact Senator Feinstein and you to share these concerns. We want to work to find a solution that addresses Senator Feinstein's underlying concerns without causing grave harm to international student education on our campuses. However, in light of the pending congressional action, it was essential to bring this matter to your attention. I would be pleased to work with you and your staff to find ways to address this issue without seriously damaging international education.

Sincerely,

David Ward
President, American Council on Education

On behalf of:
Accrediting Association of Bible Colleges
American Association of Collegiate Registrars and Admissions Officers
American Association of Community Colleges
American Council on Education
American Councils for International Education: ACTR/ACCELS
Associated Colleges of the Midwest
Association of American Universities
Association of Chiropractic Colleges
Association of Independent California Colleges and Universities
Association of International Education Administrators
Association of Jesuit Colleges and Universities
Association of Presbyterian Colleges and Universities
Association of Southern Baptist Colleges and Schools
Council for Advancement and Support of Education
Council for Christian Colleges and Universities
Council for Higher Education of the United Church of Christ
Council of Graduate Schools
Council of Independent Colleges
Council on International Educational Exchange
Institute of International Education
Lutheran Educational Conference of North America
NAFSA: Association of International Educators
National Association of College and University Business Officers
National Association of Independent Colleges and Universities
National Association of State Universities and Land-Grant Colleges
National Association of Student Financial Aid Administrators
National Council for International Visitors
The Alliance for International Educational and Cultural Exchange

Posted October 3, 2001 on the NASFAA Web Site www.nasfaa.org
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