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Abstract: 

American colleges and universities have certain significant concerns regarding international students and scholars—concerns that do not apply to the domestic student and scholar population. Among these concerns are federal visa and immigration issues, discrimination cases based on national origin, issues that arise from a student or scholar’s cultural differences or misunderstanding of U.S. law or university policy, and the language barrier. This article examines the literature regarding international students and their legal issues during the post-9/11 time period, from September 2001 through 2016. The U.S. government created or changed much legislation following the terrorist attacks of September 11, 2001, particularly those laws concerning immigration. New legislation included the USA PATRIOT Act, the Enhanced Border Security and Visa Entry Reform Act, and the Aviation and Transportation Security Act (ATSA). Indeed, stricter laws were applied to all incoming international students to the United States, and students from the Middle East found themselves under special government scrutiny. We examine legal cases involving international scholars and students in four main areas unique to the higher education experience in this country: issues of plagiarism and academic performance; issues of university policy; higher education and the obligations of adherence to federal regulations; and issues of discrimination. The article concludes with recommendations to university administrators for navigating a legal crisis involving their international population and with ways to improve campus-based legal services and resources for international students and scholars.

Keywords: USA PATRIOT Act; F-1 visa; J-1 visa; “SEVIS” Student and Exchange Visitor Information; Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act; Family Educational Rights and Privacy Act (FERPA); Title IX; crisis prevention

Affiliations:  1: Georgia Institute of Technology; 2: Old Dominion University.