US visa sting lawsuit opposed by Biden administration

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A lawsuit against a US visa sting set up by US Immigration and Customs Enforcement (ICE) under the Trump administration targeting international students is being opposed by the Biden administration. Last month, Biden’s team requested that a class-action lawsuit over the fake University of Farmington be dismissed from Federal Claims Court.

 

Victims of the sting have said that the new presidential administration has been ‘no friendlier to their fight’ than the Trump administration.

The lawsuit was filed on September 21, 2020 by international students who claim that they have lost millions in tuition when the university failed to run any classes. It’s understood that no money has ever been returned to the students.

 

Nearly 600 people enrolled

Nearly 600 foreign nationals reportedly enrolled for ICE’s fake University of Farmington, hoping to take classes and graduate with a master’s degree, according to the lawsuit, with all of them unaware that it was a sting operation set up by ICE.

The bogus university was set up to ‘expose illegal conduct and US student visa fraud’, according to a reply to the lawsuit issued by the Biden administration on February 24, supporting the motion to dismiss the lawsuit.

On November 29, 2019 Kamala Harris – then a Senator and now US Vice President – posted on Twitter, describing the sting operation as cruel, saying: “DHS created a fake university & accepted immigrants on student visas. When it was shut down, DHS tried deporting some of these students because they weren’t enrolled in school.”

“This isn’t just cruel, it’s a waste of taxpayer dollars. Officials must be held accountable for this,” the tweet added.

Although Harris is now Vice President, the Biden administration’s position has not differed from that of the previous administration. Trump and Biden have each tried to throw out the lawsuit and have yet to reimburse international students, many of whom enrolled legitimately thinking they would receive an education.

 

Biden could have withdrawn motion

Lawyer for one of the plaintiffs, Anna Nathanson, said: “The Biden administration could have withdrawn the motion to dismiss or settle the case, rather than file in support of dismissing the motion.”

Introduced in 1953, US student visas allow international students to remain in the US to work for at least 12 months following their graduation. Nathanson said: “It is a common and legal practice for people with international visas to remain legally working and living in the United States while getting an additional degree and student visa.”

According to the lawsuit, the fake university’s website said that it was ‘accredited by the Accrediting Commission of Career Schools and Colleges, registered with the state of Michigan as a legitimate university and listed as ‘an institution approved for the Student and Exchange Visitor program’ by ICE. Many thought the university was legitimate.

Nathanson said: “I’ve spoken to several Farmington students. I haven’t met anyone who wasn’t tricked.”

Following the revelation that Farmington was a fake, hundreds of ‘students’ were affected, some lost jobs that they had, received notice that they must leave the country and had their US visa, obtained legally, revoked.

Nathanson said: “Those affected eventually lost the opportunity to apply for a US work visa.”

“The students of Farmington would be happy to settle with the United States. That is something that is wanted by the students, but the Biden administration is not offering at this time,” Nathanson added.

 

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