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On May 29, 2020, Former President Trump issued Presidential Proclamation 10043, titled Proclamation on the Suspension of Entry as Nonimmigrants of some Students and Researchers from the People’s Republic of China. P.P. 10043 has introduced racism, discrimination, and political restrictions into the US higher education system, and has made thousands of students sacrifices to political rivalries. Right now Proclamation 10043 is in effect and affect many thousands of people broadly, causing visa rejections and revocations that lead to delays and even terminations in students’ academic careers and critical projects! Please find our stories and updates in this website
As long as PP10043 is still in force, we do not know whether its implementation will be expanded; we do not know whether the U.S. government, in the context of economic setbacks, will use it as a basis to "resurrect" some bans on other visa types, to the detriment of more people. In addition, according to the students, not only the F/J visa for the US is hopeless, but also the ATAS for the UK visa, and the student visas for Japan, Australia, and Canada are facing more stringent examination and higher rejection rates. When we see international students share their stories of being rejected by 10043, we can't help but take a long breath to cover our tears. We would like to ask why innocent international students always fall victim to politics and why the interests of Chinese in the US are always violated wantonly.
At present, several well-known Chinese and English media outlets have spoken out for us. We are also reaching out to more influential stories, both from academic authorities like Science, and mass media like China Daily and CNN. In early July, the Ministry of Foreign Affairs also responded to the question about 10043 at a press conference, calling for an end to "unwarranted restrictions and suppression of Chinese students, protecting their legitimate rights and interests, and creating a favorable atmosphere for humanistic exchanges and educational cooperation between China and the United States. American universities also responded positively to our joint letter, and the American Association of Universities (AAU) joined 39 other institutions in sending a joint letter to the U.S. Department of State expressing concerns and worries about PP10043.
We consulted with a number of U.S. attorneys before finalizing our litigation plan, and the attorneys unanimously gave us a high estimate of the difficulty of the case, which at the time exceeded our expectations. The U.S. Constitution gives the President considerable power over national security, and it would be difficult for us to get a court to overturn 10043 in its entirety. At the same time, however, the lawsuit was not without hope of success. In addition to expanding our influence through litigation and making the Biden administration aware of the unreasonableness of the ban, the vagueness of the ban itself and the simple understanding and brutal enforcement of the ban by visa officials gave us room to sue.
We finally choose Matthew Swigger and Edwin Villa from Villa Law Firm to represent us, as well as James Min, an attorney with many years of experience in international civil rights litigation, to advise us, and Eva Yue Niu (from Dantons, China) as coordinator from plaintiffs and American lawyers. As a result of our negotiations to date, We have now formally choose Villa Law Firm to represent us for a maximum fee of $150,000 for the first phase of the case (which may eventually be reduced).
Note: The case will be divided into a total of three phases.
- First stage in district court (lowest level of federal court, e.g. California)
- The second stage is in the intermediate appellate court (in this case, Ninth Circuit)
- The third stage is the Supreme Court (Supreme Court)
All funds raised will be used to cover the costs of the lawsuit. We will sign a three-party agreement with the attorney and the plaintiff as the administrator of the funds and control the use of the funds according to the specific expenses of the attorney.
If you have any question, you could contact us via [email redacted].
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- Yusong Wu