U.S. tracking law may hurt Islands, universities say
By Jennifer Hiller
Advertiser Education Writer
University officials in Hawai'i are growing concerned that an impending federal regulation could stem the tide of foreign students coming to this state to earn degrees — and cause the schools a load of paperwork in the process.
A 1996 law that has yet to go into effect mandates that the Immigration and Naturalization Service track all foreign students studying in the United States.
The database on the international students would be maintained with information provided by the universities and paid for by a $95 fee students would pay before applying for a visa.
But foreign student advisers at Hawai'i universities say they are concerned that the mandate — included in Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act after one of the World Trade Center bombers entered the country on a student visa — could become a burden for their offices and the 5,400 international students they serve. Students could just as easily choose to take their tuition dollars and living expenses to another country if it becomes too difficult to apply to schools here, they say.
The National Association for Foreign Student Affairs: Association of International Educators in Washington, D.C., estimates that international students contribute $125 million a year to Hawai'i's economy through tuition, living expenses and the living costs of spouses or children who are brought to the state.
"There's a strong movement afoot in some quarters to get rid of this onerous requirement," said Martha Staff, acting director of international student services at the University of Hawai'i-Manoa, where more than 1,300 foreign students attend. "Other countries are opening their doors to international students. Philosophically, there's a lot wrong with this idea."
Nonrefundable fee
The database would track information such as a student's degree program, field of study and progress toward graduation. But the fee for the database would be paid even if a student's visa application is rejected and they cannot study in this country.
"In China, one out of three students who applies gets a visa," Staff said. "They'd be making a lot of money on people who they are going to deny."
Eyleen Schmidt, spokeswoman with the INS in Washington, D.C., said fees for visa applications are never refunded by the INS. Students who already are studying here would not have to pay the fee.
The bulk of the state's foreign students — 2,255 — attend Hawai'i Pacific University, comprising one-quarter of the school's population.
Nancy Ellis, dean and vice president of student support services at HPU, said the university will provide the information to the INS when it is required. None of Hawai'i's universities reports such data to the INS unless it is specifically requested.
"From a broader perspective than HPU, we think it is not a smart move," Ellis said. "For Hawai'i, in particular, we are very well placed in the Pacific to accommodate students from Asia. It's an important export item."
Not only do students bring something to the local economy, they also take a better understanding of America back to their home country, she said.
"For students to come to the U.S. and get a degree and return to their home countries and become leaders, they have a better understanding of us and our points of view than anyone else. England and Australia have made it a point to win back these students. It's a turn-off and a little unclear as to how they will make this payment."
No one is certain when the database mandate will go into practice.
Schmidt said Section 641 is still going through the federal regulation review process. It will not be implemented before Sept. 30, she said, giving universities and foreign students at least until the spring semester to deal with the rule.
"There are some student groups who have expressed concern that the $95 is a hindrance," Schmidt said. "Unfortunately, the only thing we can say is that since Congress singled out one group, there's really nothing we can do."
The $95 will have to be collected before the database is started because Congress has said the program must be self-sustaining, she said. But she added it is uncertain when the fee collection will start.
U.S. Rep. Patsy Mink was contacted last year by numerous local colleges when it appeared that the law would require universities — and not the U.S. attorney general — to collect the $95 fee. Mink sponsored a bill last year that made the INS the fee collector.
Mink questions fee
Mink also has written to the INS asking that it delay enforcement of the regulations until the concerns of the universities and students can be addressed. Mink said she is concerned that the regulations could be prohibitive for foreign students.
"I am not worried that a $95 fee will dissuade students from attending U.S. colleges and universities," Mink said. "We have the best universities and colleges in the world."
Mink's biggest concern is in the way the fee would be collected. The law, as it is written, would have foreign students make their payment through an American bank in U.S. dollars prior to applying for a visa. For students who do not have access to credit cards, a reliable postal system or computers, the requirement could be difficult to meet, Mink said.
She has suggested that the fee could be collected after the students arrive in the United States.
Although many universities have asked for total repeal of the mandate, Mink does not expect that to happen. Most members of Congress believe there should be a reliable method of keeping accurate information on non-immigrant, foreign students.
Melinda Wood, educational specialist at UH-West O'ahu and a former committee chair for the National Association of Foreign Student Advisers, said Australia, in particular, is aggressively marketing itself to international students from Asia. The Australian online visa applications, school applications and paperwork can take as little as two weeks to complete, while the ones for the United States can take several months, Wood said.
"I know there are students who come to Hawai'i because we are relatively close. But there are other countries that are also close," Wood said. "I think that should be the biggest concern for Hawai'i."
Reach Jennifer Hiller at 525-8084 or jhiller@honoluluadvertiser.com.
