In a campus letter emailed to students Wednesday, MSU President Kevin Guskiewicz pushed back on the visa terminations by reaffirming his commitment to ensuring the presence of international students and scholars on campus. 

This legal brief marks a further step by the university to contest the Trump administration’s policies regarding the legal status of international students. 

An amicus brief, also known as "friend of the court," is submitted by parties not directly involved in a currently pending case who wish to present their opinions or interest in the outcomes of a decision. They are geared toward discussing potential consequences of the case.

This amicus brief was filed in response to a lawsuit filed on March 25 by the national chapter of American Association of University Professors (AAUP), AAUP-Harvard, AAUP-New York University, the Rutgers AAUP-American Federation of Teachers and the Middle East Studies Association against Secretary of State Mark Rubio, Secretary of Homeland Security Kristi Noem, President Donald J. Trump and the United States in response to executive orders resulting in the detainment of international students and visas being revoked. 

The brief MSU joined was filed by the Presidents’ Alliance on Higher Education and Immigration, a group responsible for representing over 570 university presidents and chancellors. 

According to the brief, members of the alliance are "...firmly committed to the constitutionally-protected rights of freedom of speech and assembly for citizens and non-citizens," regardless of the individual institution’s approach to handling protests and speech on campus.

It claims that the Trump administration’s policies afflict the "central tenets of American democracy" that are "necessary to create the free academic inquiry at the core of teaching and research at American colleges and universities."

This affliction "strikes at the heart of American higher education," the brief argues. 

The brief mentions the following arguments in support of the lawsuit and AAUP:

1. The executive orders promote a "climate of fear" for international students at American higher education institutions.
2. The revocation of visas will deter international students from choosing American higher education institutions, therefore negatively impacting the U.S. economy due to the loss of tuition fees and potential contributions to the workforce.

The brief mentions the pro-Palestine demonstrations that took place on campuses nationwide last spring and the ensuing retaliation as an example of the growing "climate of fear" when it comes to political expression.

"This fear extends beyond non-citizens who have expressed pro-Palestinian views; many are afraid of expressing any political view contrary to those of the current administration for fear of reprisal."

International students affiliated with pro-Palestine sentiments have been targeted by the recent wave of visa revocations. The brief cites the detainments of Columbia University student Mahmoud Khalil and Tufts University student Rümeysa Öztürk as examples of consequences for expressing certain political views, as well as Columbia University student Yunseo Chang as an example of consequence for on-campus political advocacy. 

Although MSU has said it will continue to monitor the Student Exchange and Visitor Information System (SEVIS) and alert students if their visas are terminated, the brief states that the Trump administration has begun to terminate SEVIS student records "...paving the way to arrest and deport (students)."

The brief also expresses concern that the administration may act on its threats to revoke Student Enrollment and Visitor Program certification, ending foreign student enrollment for universities. 

The alliance argues that these deportations will negatively impact the willingness of foreign nationals to enroll in American universities, affecting the quality of education received by domestic students and the tuition fees received by universities, which are used for funding. This will also give foreign universities a "competitive advantage" as they will receive "the brightest foreign students," the brief states. 

As listed in the brief, less than 2% of domestic students studied abroad in the 2022-2023 academic year. The brief claims that the presence of international students in American universities improves the quality of education received by domestic students and the ability to learn from a "global perspective."

It also says that universities risk losing up to $7.3 billion dollars in tuition fees from international students at top 20 universities, as 80% of international students pay tuition in full. The brief states that these costs will not be offset by domestic tuition costs due to "declining domestic birth rates."

Asked why MSU joined the brief, MSU spokesperson Amber McCann wrote "MSU is proud of its vibrant international community" in a message to The State News. 

"We will continue to seek ways to support our international Spartans, who are highly valued members of our university community," she said.