On Wednesday, 15 Iranian students and researchers filed a federal lawsuit challenging Secretary of State Marco Rubio’s withholding of student and researcher visas as unlawful under the Administrative Procedures Act. A cable sent by Rubio to all U.S. embassies and consulates expanding social media screening of all visa applicants was included in the filing.
One of the major issues of contention is that the U.S. State Department already does this and has been collecting social media data from visa applicants for national security screening since 2019. But, as has been typical since the Trump administration took office, Rubio essentially issued an order that will hamper the process for something that’s already being done, much like Republicans passing laws that already exist.
“Effective immediately, in preparation for an expansion of required social media screening and vetting, consular sections should not add any additional student or exchange visitor (F, M, and J) visa appointment capacity until further guidance is issued septel [separate telegram], which we anticipate in the coming days,” reads the cable.
Essentially, the delays created by Rubio’s order are being viewed as another attempt at taking credit for implementing something that already exists.
“These students and researchers were already waiting on the same national security vetting that the Trump administration is pretending to roll out as a new shiny thing,” said Curtis Morrison, co-counsel for the students and researchers. “The administration wants to pretend like the national security vetting they put in place in 2019 isn’t happening so that they can take credit for implementing it all over again. It is a scam in plain sight.”
Initially, the additional vetting was limited to students from Muslim majority countries, but has since been expanded to other groups. Now, the Trump administration appears to want to include every student in the process.
“During his first term, back in 2016, President Trump created policies and procedures that placed students from Muslim majority countries under ‘enhanced security vetting,’” said Hamdy Masri, co-counsel for the student and researchers. “These students are already subject to extensive social media vetting and are required to provide all social media handles in a Trump era form called a DS-5535.”
“While the administration works on implementing this restrictive new vetting policy, Secretary Rubio has ordered a halt to all student and researcher visa processing,” Masri continued. “This is unlawful and will leave our clients and other students and researchers, and the universities in an indefinite limbo.
“Trump is unlawfully abusing his powers as an executive to punish American Universities and students who have used their First Amendment rights to speak against him,” said Masri.
It’s worth noting that, according to legal counsel for the students and researchers, the 15 visa applicants had attended visa interviews between 6 and 18 months ago, and their applications were awaiting national security vetting by the National Vetting Center in Sterling, Virginia.
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