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Letter to Rep. James Sensenbrenner Regarding H.R. 2975, the Patriot Act of 2001

October 10, 2001

The Honorable F. James Sensenbrenner, Jr.
United States House of Representatives
2332 Rayburn House Office Building
Washington, DC 20515- 4909

Dear Chairman Sensenbrenner:

In the wake of the September 11th terrorist attacks, Congress is moving swiftly to enact legislation to minimize the risk of future tragedies. Although none of the terrorists entered the United States on a student visa, there is considerable interest in looking carefully at the process by which such student visas are issued. Many recommendations are currently under consideration, and we are concerned that some changes may in fact do more harm than good.

Among those proposals currently under discussion in Congress, we strongly support one that would authorize full federal funding for the Cooperative Interagency Program Regulating International Students (CIPRIS). This action would address complex questions concerning the fee collection system that have plagued CIPRIS since its inception.

However, another proposal to impose a moratorium on all student visas would have a terribly negative impact on our nation and our higher education system and we vigorously oppose it. This proposal surfaced in the Senate and has not migrated to the House. We hope it will not. Such a moratorium would accomplish little while making it impossible for foreign students to enroll at American colleges. The plan will not likely make a significant difference to national security: student visas represent just 2 percent of the total visas issued in any given year, and the proposal would not affect the remaining 98 percent.

What is more, according to INS data, of the 1.67 million "deportable aliens" in the U.S. in 1998, only 599 — 4/100 of one percent — entered the country on a student visa, making foreign students far and away the most law-abiding members of any other major visa category.

More generally, a moratorium on student visas is not in the nation's strategic or economic interest. Foreign students who are denied the opportunity to study in the United States enroll in higher education institutions in other countries. The potential loss to the United States in terms of intellectual accomplishment, goodwill, and lost economic activity is enormous. It will take decades to undo the damage that even a "temporary" ban will create.

During my tenure as president of the University of Wisconsin-Madison, we had more than 4,000 international students enrolled on our campus. International students are diligent about their studies and add diversity to the campus. When they return to their home countries, they are the best ambassadors we could ever have for democracy, personal freedom, and market-based economies. International education leads to understanding and respect of different people and cultures. If anything, we need more of it now, not less. Presidents of colleges and universities around the country agree with me overwhelmingly on this issue.

Thus, while we strongly support revisions to the CIPRIS payment system in a way that will eliminate the administrative problems and open the doors to international education, we are strongly opposed to any blanket freeze on student visas because it will undermine the nation's long term strategic and economic interests and is unlikely to deter entry into the country of potential terrorists.

We urge you to keep these concerns in mind as you take up the Patriot Act of 2001. The higher education community will be vigilant in supporting all efforts to prevent potential acts of terrorism. However, we want to ensure that this is done without causing grave harm to international student education on our campuses. Many higher education associations and institutions have come together to develop recommendations for proactive steps we can take — in tandem with INS and other agencies — to forestall potential problems. We recognize that we share an important responsibility and we stand ready to do our part. Please find a list of these proposals attached.

My colleagues and I are grateful for your deep interest in this issue and we appreciate your willingness to consider our proposals. We look forward to working with you to refine, enact, and implement promptly the changes that are ultimately made.

Sincerely,

David Ward
President, American Council on Education

On behalf of: