In our July 9 blog discussing the surprise announcement by ICE to bar foreign students from taking a fully online course schedule, we noted that Harvard and MIT had immediately challenged the rule and would likely be joined by many other colleges and universities. We said “American higher education is said to be the best in the world. We think the Administration will have met its match.” We were right.

Before the court hearing scheduled for today, ICE agreed to rescind its announcement and revert to guidance issued in March allowing international students to remain in the U.S. even if their college or university opts for online-only instruction during the pandemic. This agreement moots not only the suit brought by Harvard and MIT but also similar suits filed by other universities and a coalition of 17 states led by Massachusetts Attorney General Maura Healey.

We are a government of three supposedly co-equal branches. This drama is a good example of that.