Immigration and Customs Enforcement (ICE) has defended itself amid claims it unfairly enticed migrants into enrolling at fake universities during an undercover investigation run by Homeland Security Investigations (HSI).
The federal law enforcement agency shared video footage on Dec. 20 proving students acknowledged that they wouldn’t be taking any classes at the fake university and that the scheme was also illegal.
“Over the past few weeks, the University of Farmington (Farmington), an undercover investigation run by Homeland Security Investigations (HSI), has been the focus of several media reports,” he wrote.
“These reports mischaracterized the purpose and rationale for the investigation, and I want to set the record straight. HSI is responsible for enforcing more than 400 federal statutes, including laws related to the student visa system.
“An estimated 1.2 million nonimmigrant students studied at more than 8,200 U.S. schools during 2018, promoting cultural exchange, providing billions of dollars to the U.S. economy, and contributing to research and development.
“Criminals and some students, however, exploit the student visa system, allowing foreign nationals to remain in the United States in violation of their nonimmigrant status.”
Benner then explained that nonimmigrant students who enroll in a study program must abide by U.S. law in order to maintain their non-immigrant status and “make normal progress towards completing a course of study,” and those that don’t risk being arrested and removed from the country.
The Acting Deputy Director said that those students who enrolled at Farmington had “knowingly and willfully violated their nonimmigrant visa status and consequently were subject to removal from the United States.”
Benner said that the students who enrolled were “not new to the U.S. student visa system.” These students knew the visa requirements and had been informed that there were “no classes, curriculum, or teachers at Farmington.”
“Despite this, individuals enrolled because they saw an opportunity to avoid any academic requirements and, instead, work full-time, which was a violation of their nonimmigrant status,” he said.
Benner also praised the agency’s efforts to uncover fraud within the U.S. student visa system, adding that it provided a “better understanding of how recruiters and others abuse the nonimmigrant student visa system” and served as a deterrent to future potential violators.
“Farmington is a clear example of a pay-to-stay scheme, which is against the law and, not only creates a dangerous lack of accountability, but also diminishes the quality and integrity of the U.S. student visa system,” he said
“HSI is responsible for investigating these kinds of violations, which is precisely what it did by establishing Farmington to investigate a complex fraud scheme used across the country to undermine U.S. laws and individuals’ safety.”
However, the investigation has drawn criticism from several political leaders, including Rep. Alexandria Ocasio-Cortez (D-N.Y.) and Sen. Elizabeth Warren (D-Mass).
