" SAN ANTONIO, Texas - The Hispanic Association of Colleges and Universities (HACU) today praised a decision from the Immigration and Naturalization Service that will allow border college students to continue attending classes this fall in the United States without cumbersome restrictions.

“While this decision is only effective until December 31, it will allow HACU and other supporters of a proposal now before Congress the additional time needed to press for swift passage of new legislation that will permanently allow these students to attend part-time classes in the United States,” HACU President and CEO Antonio Flores said.

HACU and other organizations are urging Congress to endorse the proposed Border Commuter Student Act, which will allow Mexican and Canadian students living near the U.S. border to continue commuting to U.S. colleges and vocational schools each day to attend part-time classes.

The INS in May announced plans to begin enforcing a law already on the books, but not enforced, that would effectively prevent potentially thousands of these students already enrolled part-time from attending classes beginning in the fall semester. To counter this plan, twin versions of a proposed Border Commuter Student Act were introduced in the House and Senate to create a new non-immigrant classification for these part-time students.

HACU and other organizations also joined efforts to urge the INS, while this bill is pending, to extend the deadline for enforcing its regulations. The INS this week announced the agency would grant the extension through December 31.

“The INS is to be commended for granting this extension of its enforcement deadline, and for recognizing the importance of serving the educational needs of higher education students on both sides of our border,” Flores said.

“The distinguished leadership of our HACU member and partner higher education institutions was instrumental in efforts by HACU, leading members of Congress and allied organizations to win this extension. However, we must now continue to actively engage our higher education communities and the larger public to advocate for passage of the Border Commuter Student Act before the December 31 deadline,” Flores said.

“The need is especially compelling in view of the fact that this extension only applies to continuing students, but not to first-time students who were planning to enroll at U.S. higher education institutions this fall,” Flores said. “Their future still is immediately at risk.”

By regulation, U.S. colleges and universities located near borders with Mexico and Canada now can accept only full-time postsecondary students with F-1 student visas, which demand complex income verification and other requirements designed with full-time resident students in mind.

However, border students have been allowed to enroll on a part-time basis without an F-1 visa. The INS had announced plans to enforce the F-1 visa rule for all students. That “immediate” enforcement deadline has now been extended until December 31.

The Border Commuter Student Act would create a new category for non-immigrant, part-time students who maintain their residency in their home countries to allow them to obtain F-3 (for college) or M-3 (for vocational school or nonacademic courses) visas to attend part-time classes at U.S. schools.

“This Act would make it much easier for these students to continue attending part-time classes without having to apply for the more complicated, and unnecessary, F-1 visas, which are now very difficult to obtain,” Flores said.

“Against the backdrop of the terrorist attacks of September 11, 2001, and the continuing threat of terrorism, the INS understandably is under pressure to bolster security along our U.S. borders. The proposed Border Commuter Student Act is a practical response for border students -- who commute to our classrooms for only a few hours a day and are otherwise legally visiting our border communities -- to continue to attend part-time college classes,” Flores said.

HACU, the only nationally recognized voice for Hispanic higher education, represents more than 330 member and partner colleges and universities.

“Obviously, this issue impacts many of our member and partner higher education institutions, which serve the largest concentrations of Hispanic higher education students in the United States, especially those located along our southern and northern borders,” Flores said. “The Border Commuter Student Act is a smart, fair solution.”

For more information, contact HACU National Headquarters in San Antonio, Texas, at (210) 692-3805. Ext. 3214, or HACU’s Government Affairs offices in Washington, D.C., at (202) 833-8361. Or visit www.hacu.net.