"The INS is to be commended for recognizing the importance of serving the educational needs of higher education students on both sides of our border. However, a permanent protection still is needed to allow part-time border students from Mexico and Canada to continue attending classes without fearing that future INS rulings might again threaten their legal status," HACU President and CEO Antonio Flores said.

"HACU will continue to urge swift passage of the proposed Border Commuter Student Act, which now is before Congress. This Act would accord border students, who otherwise are visiting this country legally, new INS non-immigrant status to legally cross the border to attend part-time college or vocational school classes before returning to their home countries each night," Flores said.

HACU represents more than 330 member and partner colleges and universities serving the largest concentrations of Hispanic higher education students in the United States. Many of these colleges and universities are located near U.S. borders with Canada and Mexico, and serve part-time commuter students from these two countries.

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 joined other national organizations in urging swift passage of this Act.

The INS earlier this month extended its decision to enforce the regulation until December 31. Today's announcement "clarified" its stance by stating that Mexican and Canadian nationals who reside outside the United States and regularly commute to U.S. college classrooms for part-time classes may continue to do so within the INS F-1 (college) or M-1 (vocational school) nonimmigrant visa category.

To qualify under this new rule, these part-time students must attend an INS-approved school located within 75 miles from the border, and obtain the appropriate Form I-20 Certificate of Eligibility for Nonimmigrant Student Status, as well as the appropriate visa. Canadian and Mexican nationals already enrolled in U.S. schools have been granted an extension until Dec. 31 to comply with these new requirements.

Before this fall, border students had been allowed to enroll part-time at U.S. colleges and vocational schools despite existing regulations, which had not been enforced, dictating that U.S. colleges and universities located near borders with Mexico and Canada could only accept full-time postsecondary students with F-1 student visas.

When the INS first announced plans to begin enforcing this regulation in the wake of the September 11 terrorist acts and border security concerns, an outpour of concern ensued, leading to the introduction of the Border Commuter Student Act. 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.

"Against the continuing threat of terrorism following the attacks of September 11, 2001, the INS understandably is under pressure to bolster security along our U.S. borders. The proposed Border Commuter Student Act is a practical, permanent 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.

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.