Copyright© 2001 by School Services of California, Inc.

Volume 14                   For Publication Date: December 7, 2001             No. 25

State Legislators Plan to Introduce Legislation  
Dealing With Student Visas

State legislators are now jumping on the bandwagon to address what is perceived as a loophole for terrorists who obtain visas to attend California public higher education institutions. At the federal level, U.S. Senators Dianne Feinstein (D-California) and Edward Kennedy (D- Massachusetts), both have proposed legislation to more tightly regulate student visas as well as report on foreign students studying in the United States.

Recently, a hearing by the Assembly Higher Education Committee on student visas was held at Stanford University. After the hearing, Assembly Member Russ Bogh (R-Yucaipa) indicated that he will be introducing legislation requiring California colleges and universities to promptly report to the INS international students who are accepted but do not show up for school.

Assembly Member Elaine Alquist (D-Santa Clara), chair of the Assembly Higher Education Committee, indicated that she too has concerns about the monitoring system. It is her intent to have the committee outline issues in letters to Congress, the INS and President Bush. She is also considering legislation outlining the reporting responsibilities of California colleges.

The issue for California universities and colleges is whether or not state legislation is needed. It is our understanding that California public higher education institutions already report to the INS information on foreign students who sign up for classes but never show up. The problem is more at the federal level than at the state level. Congress in 1996 created a law to electronically track foreign students here on visas, but did not fund the program. It has not been put in place, although pilot programs are under way. Most college officials believe that there is little chance the system could go into place nationally by the law’s January 1, 2003 deadline. Until recently the INS has not published data specifications needed by vendors to produce tracking software nor has tested the program.

In 1999, the last year data was available, 570,000 student visas were issued¾ 74,000 in California alone. Officials representing all segments of California higher education, including community colleges, stressed at the Stanford hearing that international student programs are vital to their schools but agreed better security measures are necessary. They said the current paper-laden visa system makes for an inefficient tracking process and involves a federal agency (INS) that didn’t act when it received warnings from schools.

In 1988, it was reported that INS officials told colleges to stop sending in data on foreign students, saying it was overwhelmed by the amount of information. It appears that legislation introduced by California legislators may be unnecessary. Terry Hartle, Senior Vice President of the American Council for Education, said the higher education community supports the idea behind the tracking system as the best way to weed out those who abuse the student visa system. The problem is with the INS not the colleges and the INS must work closely with colleges and universities to develop a system that works for all parties.

State legislation could be a meaningless requirement that won’t accomplish much because it will produce information the INS apparently doesn’t want and is not in a position to use.