US Government Plans to ‘Aggressively’ Revoke Visas of Chinese Students

WASHINGTON – The U.S. government plans to “aggressively” revoke the visas of Chinese students at U.S. universities, Secretary of State Marco Rubio announced Wednesday.

He and U.S. intelligence officials recently told Congress that many Chinese graduate students are the equivalent of spies.

Their consulates often assign graduate students in engineering and science to keep them informed about new U.S. technologies China could exploit, Rubio has said. The students also are supposed to report on any dissidents who could influence U.S. policy toward China.

Students in “critical fields” with Chinese Communist Party ties would be a primary target for the visa revocations, Rubio said. The State Department will “enhance security” against future Chinese visa applicants, he said.

The Chinese represent the second-largest group of foreign students in the United States. Students from India are first.

About a quarter of all foreign students in the United States, or more than 277,000, come from China, according to State Department figures.

U.S. diplomatic and intelligence officials have told Congress in recent hearings that China has been recruiting U.S.-trained scientists and engineers.

They often come from academic institutions under educational exchange programs. The Chinese government will then use the research and technology they develop for their own industries and military, according to the congressional witnesses.

House Republicans this month asked Duke University officials to sever their ties with a Chinese university they said allows China to gain access to federally funded research at Duke.

Rubio’s brief directive gave no details of how the State Department would select which students have their visas revoked.

“Under President Trump’s leadership, the U.S. State Department will work with the Department of Homeland Security to aggressively revoke visas for Chinese students, including those with connections to the Chinese Communist Party or studying in critical fields,” Rubio wrote.

The Chinese government responded to Rubio’s directive Thursday morning by calling it a “politicized and discriminatory action” that “disrupts normal cultural and people-to-people exchanges between the two countries.” It also lodged a formal protest with the U.S. government.

Last year, the Chinese Foreign Ministry protested that some Chinese students were inappropriately questioned and sent home after arriving at U.S. airports.

“When they landed at the airport, what awaited them was an eight-hour-long interrogation by officers who prohibited them from contacting their parents, made groundless accusations against them and even forcibly repatriated them and banned their entry,” said a post on the Chinese Embassy website.

The State Department directive raises questions over U.S. constitutional law.

Foreign students have the same 14th Amendment and Fifth Amendment rights to “equal protection” and “due process” as American citizens under Supreme Court rulings. Due process means foreigners whose visas are being revoked have a right to hearings to explain why they should not be deported.

The Supreme Court said in the 2001 case of Zadvydas v. Davis that due process applies to all “persons within the United States, including aliens, whether their presence here is lawful, unlawful, temporary or permanent.”

Federal law authorizes visa revocations when national security is at stake, which is the basis for Rubio’s plan to expel the Chinese students.

The visa revocations are part of a larger Trump administration effort against policies set independently by elite universities. Faculty members describe their admission decisions as part of their academic freedom.

Last week, the Department of Homeland Security announced it would cancel Harvard University’s certification for enrolling foreign students. The announcement said Harvard was being held “accountable for fostering violence, antisemitism and coordinating with the Chinese Communist Party on its campus.”

Last Friday, a federal judge issued a temporary restraining order against the department’s edict in response to a lawsuit from the university. The judge said revoking the certification would cause Harvard “immediate and irreparable injury.”

On Thursday, the Trump administration said it would give Harvard a 30-day extension to explain its need to certify the admission of foreign students. 

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