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The year was 1950, and Pravin Bhatt remembers being the only Indian
in New Orleans. He was a young doctor from a small town in Gujarat,
in western India, and Tulane University was the only school in the
United States teaching tropical medicine. "I just wrote to
them, and two or three weeks later, I got a telegram," Bhatt
says.
He arrived to find that he was one of just six students in the program,
three of them foreign-the Korean War, which began that year, had
robbed Tulane of many of its students. But despite the war and its
attendant paranoia, Bhatt says he always felt welcome. "India
was just independent and there was a lot of sympathy for trying
to help India," he says. "It was a new democracy."
There was one moment, however, when he felt the cold gaze of suspicion.
Bhatt had been hired to do research in New Orleans. Shortly before
his job began, a dark-suited federal agent paid him a visit. "Someone
from the FBI or CIA came to ask me if I knew anything about these
people who ran the government," he says. Jawaharlal Nehru,
the first prime minister, had steadfastly refused to align himself
with the United States and openly admired the socialist system.
"I said that Nehru is very sincere in what he does and democracy
is the first thing that he will do," Bhatt says.
The inquiry didn't hamper his career. Bhatt went on to become a
professor at Yale University Medical School, where he is now retired,
and along the way did virus research in some of the most sensitive
facilities in the United States. The attitudes about foreign students
in the 1950s, he says, were part of the larger political climate-the
U.S. allowed foreign students into the country partly to improve
its image abroad when they returned home. "This was never said
in so many words, but they wanted us to represent the U.S. well,"
Bhatt says. "Students are the best ambassadors."
In the 50 years since Pravin Bhatt first came to New Orleans, the
educational landscape has changed. More than 500,000 foreign students
are studying in the United States, and their presence in university
graduate and undergraduate programs is no longer a curiosity-Tulane,
for example, has 900 foreign nationals among its 11,000 students.
But America's suspicions about foreign students never quite disappeared.
They simply took on a different form, permeating the bureaucracy
that entangles student visa holders but remaining largely invisible
to society at large.
That changed in June, when the National Commission on Terrorism
released a report recommending, among other things, that the federal
government begin a concerted, nationwide effort to monitor foreign
students for possible terrorist activity. The recommendations have
prompted a flurry of objections from civil liberties groups, university
organizations, and even some former CIA officials. But few realize
that what the commission urges is simply better access to information
that the government already collects and stronger enforcement of
existing laws governing foreign students. The commission is reminding
foreign students what they should already know-for them, academic
freedom does not really exist.
The commission, manned by academic and political heavyweights in
the fields of national security and diplomacy, was formed in 1998
after the bombing of the U.S. embassies in Kenya and Tanzania and
charged with making a set of recommendations about how the United
States might better combat terrorist activity. The revelation that
one of the World Trade Center bombing suspects had come to the United
States on a student visa prompted particular concern about the security
risk posed by foreign students. There was no pattern of terrorist
activity among foreign students that the commission could study,
just one outrageous incident and a command to never let it happen
again.
The group's 28-page report doesn't mention foreign students until
page 12. It acknowledges that the flow of students is tiny compared
to total immigration and that the threat they pose is minimal. But
because a mechanism for monitoring them is already in place, through
an INS program launched in 1997, the commission urges Congress to
take advantage of it. The Coordinated Interagency Partnership Regulating
International Students, or CIPRIS, was developed as part of the
1996 overhaul of federal immigration law. Launched in 1997 as a
pilot program in 21 universities in the Southeast, CIPRIS makes
information about a student's visa status, academic program, and
other activities available through the Internet to the INS, Department
of State, consular officials, and the United States Information
Agency. The commission said CIPRIS "could become a model for
a nationwide program monitoring the status of foreign students."
Since the pilot program began, NAFSA: Association for International
Education, the country's largest organization of university officials
who deal with foreign students, has voiced its reservations about
CIPRIS, but the program has already been signed into federal law,
and the INS is mandated to implement a nationwide program by 2003.
Barring congressional intervention, the best that NAFSA can do is
to temper the law's implementation to prevent it from burdening
schools or students. For example, after the INS proposed last year
to have universities collect the fees that would fund CIPRIS, NAFSA
objected, saying it would turn universities into bill collectors.
Instead, the group proposed having students pay the fee when they
apply for a visa, money the government keeps even if the visa is
denied. Essentially, the students would pay for their own monitoring.
The antiterrorism recommendation prompted a fresh round of criticism
from NAFSA, which sent a letter to Congress and to President Clinton
protesting the commission's characterization of foreign students.
"There is no evidence that foreign students are a terrorism
threat," NAFSA's executive director, Marlene Johnson, wrote.
NAFSA spokesman Jon Gregory warns that, even if the program is implemented,
university officials may balk at being turned into "deputized
law enforcement officials." Furthermore, Gregory says, CIPRIS
could do for immigration officials what computerized crime-tracking
software has done for police work: enable a sort of racial profiling
of foreign students. "The tendency is to always look at people
from certain countries, certain racial groups," Gregory says.
Former ambassador Paul Bremer, chairman of the commission, argues
that all the panel did was to reiterate the need for a computerized,
nationwide system of monitoring students. "All foreign students
have been monitored for more than three decades," Bremer says.
"That's already part of the law. All we said is that there
should be a nationwide program. . . . We did not take a position
on any particular program, but we think that it [CIPRIS] is a good
one."
Even while acknowledging that foreign students as a whole do not
pose a particularly great potential threat, Bremer says monitoring
would still be a useful way to better enforce existing laws. For
example, students from countries designated by the U.S. as state
sponsors of terrorism, such as Libya and Iran, are already barred
from studying certain subjects, such as nuclear engineering. Under
the present system, if a Libyan undergraduate student changes his
major from English to nuclear physics, the school might record it,
but his initial paperwork with the INS might never be updated. Even
if it were, the violation might not be noticed. But once such data
is computerized and universities are required to report it immediately,
"that will be caught by CIPRIS," Bremer says.
Bremer acknowledges that a computerized system opens the door for
abuse. "There's no excuse for using this or any other law in
a discriminatory manner," he says. The only way to prevent
that, he argues, is to allow the government to monitor everyone
equally.
But university officials claim that gathering information in this
new way is not necessarily neutral. In addition to creating a new
type of information-data that can be manipulated and distributed
immediately-CIPRIS requires universities to immediately report every
change in a student's academic program. In doing so, CIPRIS could
change the relationship between foreign students and universities,
in which students perceive the school as their advocates. "If
that perception is undermined, and we are now government agents
giving the government more and more information, then that special
relationship could be spoiled," says Harvey Charles, director
of international education for Georgia Tech in Atlanta.
The response from foreign students has been muted. In Boston, Denver,
and a few other cities, student organizations have protested the
commission's recommendations in letters to the editor and public
statements. But the laws implementing CIPRIS were passed years ago,
as Bremer points out, and include a waiver of the Family Rights
& Privacy Act, which otherwise protects the privacy of student
records at any institution that receives federal education funds.
To change them would require action by Congress, and, as foreigners
who are not even considered immigrants under U.S. law, student visa
holders have close to zero political clout. For many foreign students,
the prospect of additional government surveillance simply reinforces
the sense of being under suspicion. Foreign students must already
submit reams of personal information even before their applications
are considered, and then endure visa interviews that one New York
City graduate student, an Israeli citizen, compared to mock interrogations
by the Israeli army: "They interrogate you as if they know
you are tricking them but they just don't know how."
Lai Yee, a student from Malaysia in New York University's biomedical
science program, says that even if a monitoring system is put in
place, the number of students applying for visas is unlikely to
fall-the appeal of studying in the United States is too strong.
"I don't think any of my friends would be bothered by it,"
she says.
Ironically, what may change is the impression that foreign students
returning to their home countries take back with them-the very reason
that the United States first accepted foreign students like Pravin
Bhatt in the 1950s. "I see it in terms of freedom," says
Harvey Charles, of Georgia Tech. "People come to this country
from all over the world, and the one impression that people have
is that this is a free country. If the government decides to go
through with this, the perception of the United States could be
compromised."
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