Government Relations: Visa Reform
By Mark F. Smith
International scholarly collaboration has long been an important part of U.S. higher education. The response to September 11, 2001, dramatically affected this collaboration, increasing difficulties for Americans studying abroad. More serious, however, has been the enactment of major new barriers prohibiting many students and scholars from coming to this country.
In the immediate aftermath of the tragedy, one senator proposed a moratorium on all student visas because two of the nineteen hijackers were in the country on student visas. Although that misguided proposal was quickly withdrawn, heightened legal restrictions, a less welcoming social climate for foreign students, and increased competition from other countries for these students have combined to decrease international student enrollment in American colleges and universities.
The Association spoke on this issue in the November 2003 Report on Academic Freedom and National Security in a Time of Crisis, calling for "fair procedures for noncitizens who seek visas or other approvals to study, teach, or collaborate with researchers in the United States," and advising the academic community to "pursue special efforts to make such visitors welcome on U.S. college and university campuses." The Association's Committee on Government Relations recognized the importance of these issues when it adopted international education and scholarship as one of its major federal legislative priorities for the year.
Last year saw the first absolute decline in foreign student enrollments since the early 1970s. Total international student enrollment for 2003-04 declined by 2.5 percent compared with the previous academic year for an overall total of 572,509 students. Graduate enrollments increased, but they were offset by a 5 percent drop in undergraduate enrollments. Those overall figures hide variations among different institutions and fields of study. The numbers come from Open Doors 2004, a report on international students, published by the Institute of International Education, with support from the U.S. State Department's Bureau of Educational and Cultural Affairs.
Correcting the situation will require different approaches. The specific reasons for the decline cited by the report include "real and perceived difficulties in obtaining student visas (especially in scientific and technical fields)," which will require administrative and legislative remedies at the federal level; "rising U.S. tuition costs," which is primarily a state funding issue; "vigorous recruitment activities by other English-speaking nations," which is beyond our control; and "perceptions abroad that international students may no longer be welcome" in the United States, which involves more than governmental action.
The AAUP is working with other higher education associations and institutions to address this situation, both in Congress and the executive branch. The State and Homeland Security Departments have the most responsibilities in this area. Recent changes to the Visas Mantis program, which permit students in selected scientific fields to obtain clearance for their entire academic program, are a major improvement. However, a conflict between security concerns and the openness vital in the academic enterprise remains a major stumbling block to resolving other difficulties.
Congress, especially the House Judiciary Committee, wants to tighten immigration restrictions, and President Bush agreed to support such tightening when he engineered a compromise to ensure passage of the Intelligence Reform and Terrorism Prevention Act last fall. Their determination promises to make any legislative attempts to improve the situation more difficult. Nevertheless, some individual members have begun to move on the visa reform issue. Representative Betty McCollum of Minnesota attempted last year to bring reform up as the House Committee on Education and the Workforce considered the reauthorization of the Higher Education Act.
This session, Senators Norm Coleman of Minnesota and Jeff Bingaman of New Mexico have introduced the American Competitiveness Through International Openness Now (ACTION) Act. Senator Coleman explicitly stated that the purpose of the legislation is "to reverse the decline in the number of international students studying at American colleges, universities, and high schools." He cited international goodwill, direct financial benefits to the American economy, and general economic competitiveness as reasons to promote international student attendance at American institutions of higher learning.
The outlook for the act is uncertain. The Senate Foreign Relations Committee incorporated parts of it into re-authorization legislation for the State Department, but that legislation will probably not become law. Still, if the academic community joins with other supporters of international cooperation, we may be able to overcome the entrenched opposition within Congress.
Mark Smith is AAUP director of government relations.
|