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Scores of New York police officers stormed Columbia University's campus on Wednesday, responding to pro-Palestine student protests that escalated with the occupation of a building. Reuters reported that over 50 protesters have been detained as officers began to clear the occupied premises.
This incident is part of a larger wave of campus protests across the US, sparked by Israel's actions in Gaza. These protests have led to numerous arrests and a stern response from university administrations, threatening protesters with expulsion.
Key highlights on the impact of protests on Indian students in the US
— Scores of New York police entered Columbia University, detaining over 50 pro-Palestine protesters.
— Protests have erupted across US campuses, sparked by Israel's actions in Gaza, leading to numerous student arrests.
— Protesting students risk immediate loss of their F-1 and J-1 visas, leading to potential deportation.
— Dependents of expelled students face immediate invalidation of their F-2 visas.
— Students have rights to due process, and legal consultation is crucial if facing expulsion or suspension.
— Similar protests are taking place globally, involving students in North America, Europe, and Australia, showing widespread concern among students.
Indian students caught in the middle
The unrest has put Indian students in a precarious position. Those who participated in the protests face detention and serious risks to their visa status and scholarships. Meanwhile, students not involved in the protests are also affected, as some institutions have temporarily switched to online classes.
Protesting Indian students face dire consequences of expulsion
Expulsion or suspension carries significant ramifications for Indian students in the US. Arjun Syal, a partner at Syal & Co, explained, "If a student is on a F-1 visa, then the student in all likelihood will lose their visa immediately, which means their F-1, J-1 visa would be revoked, and they shall be expected to leave the country immediately along with his/her dependents."
Devansh Jain, Principal Associate at PSL Advocates & Solicitors, added, "In some cases, students may be granted a short grace period to either transfer to another institution or depart the country voluntarily. However, if the student fails to take action within this period, they may be considered unlawfully present in the US."
F-1, F-2, J-1 visa explained:
— F-1 visa: Allows a student to temporarily live in the United States for a defined period of time while studying at a school, college, seminary, or conservatory.
— F-2 visa: A non-immigrant temporary permit for the immediate family of F1 student visa holders.
— J-1 visa: Also known as the Exchange Visitor Visa or J student visa, is for anyone outside of the US who wishes to take part in study- and work-related exchange programmes in America.
Impact on future studies and visa applications
The repercussions of expulsion extend beyond immediate visa concerns. "Expulsion from a school can have long-term consequences beyond visa status. It may affect the student's academic record, making it challenging to transfer to another institution or pursue further studies in the US. Additionally, it can impact future visa applications, including potential difficulties in obtaining other types of visas or re-entering the US for any purpose," Jain further clarified.
Effect on dependents
The situation also affects dependents holding F-2 visas. Amay Jain, Senior Associate at Victoriam Legalis, pointed out, "The repercussions of an Indian student’s expulsion extend to their dependents holding F-2 visas, typically spouses and minor children. These dependents are allowed to stay in the US as long as the primary F-1 visa holder maintains their student status. However, once the F-1 student’s SEVIS record is terminated due to expulsion, the dependents' F-2 status also becomes invalid immediately."
Rights of Indian students in the US
Indian students facing suspension or expulsion from US institutions are entitled to specific procedural rights. Most colleges issue a policy handbook detailing these rights, which typically include being informed of the charges, the opportunity to present a defence, and the right to appeal any decision made.
"Consulting with the school’s international student office (ISO) or a legal advisor specialising in immigration law is crucial for understanding how to proceed, whether by appealing the school's decision or preparing for departure from the US," advises Amay Jain.
Students may contest their suspension or expulsion if they believe the process was unfair or improperly conducted. "Moreover, if the student feels that the expulsion or suspension was carried out unfairly or without proper procedure, they might have grounds to contest the decision legally," Jain adds.
During any legal proceedings or appeals, maintaining communication with immigration authorities is vital to explain the situation and seek any possible relief or extension of stay.
Privacy rights
Devansh Jain emphasises the importance of privacy in these situations. "Students have the right to privacy regarding disciplinary matters. Information related to their suspension or expulsion should be handled confidentially and shared only with authorized individuals involved in the disciplinary process."
Monetary loss
The financial stakes are high, as Indian students spend approximately $50 billion annually on overseas education, predominantly in the Americas and Europe. A suspension or visa cancellation not only disrupts academic progress but also involves significant non-refundable financial losses.
Where else are students protesting?
The situation at Columbia University has sparked similar protests across the US and globally, affecting students at numerous institutions. Indian students, along with their international peers, are actively involved in these movements, which span across North America, Europe, and Australia, reflecting a broad and growing concern among students worldwide.
Northeast region: George Washington; Brown; Yale; Harvard; Emerson; NYU; Georgetown; American; University of Maryland; Johns Hopkins; Tufts; Cornell; University of Pennsylvania; Princeton; Temple; Northeastern; MIT; The New School; University of Rochester; University of Pittsburgh
West Coast: California State Polytechnic, Humboldt; University of Southern California; University of California, Los Angeles; University of California, Berkeley; University of Washington
Midwest region: Northwestern; Washington University in St Louis; Indiana University; University of Michigan; Ohio State; University of Minnesota; Miami University; University of Ohio; Columbia College Chicago; University of Chicago
The South: Emory; Vanderbilt; University of North Carolina, Charlotte; University of North Carolina, Chapel Hill; Kennesaw State; Florida State; Virginia Tech; University of Georgia, Athens
Southwest: University of Texas at Austin; Rice; Arizona State
Pro-Palestinian protesters have also gathered over the past week on university campuses in Australia, Canada, France, Italy and the UK.
