NEW YORK: Murthy Law Firm, the California based law firm that specializes in immigration has stated that the Immigration and Customs Enforcement (ICE) must accept responsibility for not adequately investigating the Tri-Valley University before enrolling the now shut down ‘sham’ university in the Student and Exchange Visitor Program (SEVP) and granting it access to enroll international students.
Flooded with more than 400 signed petitions from students affected by the University’s shut down last month, Sheela Murthy, who heads the firm has sent an urgent request for relief to Secretary of the US Department of Homeland Security Janet Napolitano; Director of ICE John Morton; and CIS Ombudsman January Contreras in a letter dated Feb 3.
Several hundred Indian students, almost all of them from Andhra Pradesh, who had enrolled in the TVU are undergoing a harrowing time following ICE raids against the University on Jan 20, and the subsequent interrogations, detentions and radio-tagging of some of the students in the last couple of weeks.
Tri-Valley University is accused of running an immigration racket by bringing in foreign students under student visas and enabling them to work illegally in the US.
The five-page Murthy Letter categorically states that ICE has legal responsibility, as well as substantial financial resources and vast, ever-growing human resources, to research and investigate the legitimacy of US colleges and universities before authorizing them to enroll international students into the Student and Exchange Visitor Program (SEVP). “ICE must accept responsibility for not adequately investigating TVU before enrolling TVU in SEVP and granting it access to enroll international students,” the letter states.
Urging a grace period to enable the students to seek alternatives, Murthy said: While the particulars of each international student’s case may vary, it is clear that a lack of standard procedures, and a failure to follow the procedures which are in place, is leading to disparate treatment of similarly situated individuals, tarnishing the fine name and reputation of our system of fairness and the rule of law that we uphold and value so dearly, and wasting valuable government resources. In this letter, we outline our concerns and respectfully urge consideration of a grace period consistent with ICE’s own guidance and regulations.”
The Murthy letter further says the US legal system and rule of law require ICE and the US government to be fair and consistent in the treatment of students who are in similar circumstances. Some of the students were informed that they could attempt to change to other colleges or universities within the United States. Others’ passports were held and were informed that they must depart the United States at the earliest. Still others were issued Notices to Appear (NTAs) with the goal of removing (deporting) them from the United States. Many of those students who were issued NTAs were subject to having to wear ankle bracelets to monitor their movements.
ICE had issued a fact sheet back in 2007 on its policy and procedures when a school or university is de-certified from SEVP. According to this fact sheet, the F-1 student can transfer to another SEVP certified school. The fact sheet assures students that SEVP will exercise the full authority of the US government to protect the student and institute sanctions against the school that violates the laws. This protection and facilitation of school transfer has not occurred to date.
The Murthy Letter urges DHS/ICE and the Ombudsman to grant of a 60-day grace period for the TVU students. This grace period would allow those students who were innocent victims to obtain I-20s to transfer to other schools or universities in F-1 status, or change to another valid nonimmigrant status (like F-2 or H-4 or L-2) or to depart the United States while remaining eligible to reenter with proper approvals at a future time. This 60-day timeframe is similar to the time granted when a student completes his/her education and is given time to depart the United States or change to another status.
India Post News Service
