Foreign Students After September 11, 2001
Posted Oct 05, 2001

As a result of the September 11, 2001 attacks, the FBI has launched a widespread investigation into the activities of many foreign nationals, including students on F-1 and M-1 status. This information is according to a Sept 28, 2001, AP newswire report that appeared on the CNN WebSite.

As many of you are aware, the F-1 status is for full time students at Universities or institutions of higher learning. The M-1 is for those in vocational schools or trade schools. The International Student offices at these educational institutions are being asked for such items as a list of all foreign students or, more commonly, information on particular students. The types of information requested may include names, addresses, birth dates, confirmation of attendance, and evidence of current status.

Most schools are generally cooperating, though there is a legal bar under certain privacy statutes against releasing confidential student information without written consent of the student. However, one of the exceptions to the law, based upon an interpretation of the U.S. Department of Education (DOE), is for a "health or safety emergency." Schools have been calling DOE for advice as to how to handle such FBI subpoenas.

Although students from certain Arab countries are leaving the U.S. to return back to their home countries, to be with their families after the attacks of September 11th, the number is small compared to the overall student populations from the Arab countries. Washington State University in Washington State had about 47 students who left in the aftermath of the attacks. Other schools report a smaller number of students returning to their home countries. Apparently, most are being called home because their parents are worried, rather than leaving out of worry for their own situation here.

Senator Dianne Feinstein has introduced a bill in September 2001 for a temporary moratorium on student visas, but we believe this bill will not be passed. Although the overwhelming feeling is that we need to protect our nation from terrorist attacks, we cannot ignore fundamental freedoms inherent in our U.S. constitution and the long-held view of the U.S. as the land of opportunity for those in pursuit of their American dream.