Current Events in July 2020

A new study conducted by researchers from Rutgers University explored the risk that asthma sufferers face during the current COVID-19 pandemic. 

According to the researchers, asthma doesn’t seem to be one of the preexisting conditions that could worsen the severity of the coronavirus. Though the virus takes a toll on the lungs, and those with asthma struggle with breathing, their work revealed that those with asthma aren’t at an increased risk of serious or fatal infection. 

“Older age and conditions such as heart disease, high blood pressure, chronic obstructive pulmonary disease (COPD), diabetes, and obesity are reported risk factors for the development of and progression of COVID-19,” said researcher Reynold A. Panettieri, Jr. 

“However, people with asthma -- even those with diminished lung function who are being treated to manage asthmatic inflammation -- seem to be no worse affected by SARS-CoV-2 than a nonasthmatic person. There is limited data as to why this is the case -- if it is a physiological result of the treatment to manage the inflammation.” 

Asthma and COVID-19

As Panettieri explained, because we are still in the midst of the COVID-19 pandemic, it’s difficult to know for certain why this pattern has emerged. However, the researchers assessed what information is currently available regarding both asthma and the coronavirus to best understand what effect the virus could have on those with asthma. 

Ultimately, the researchers learned that asthma operates in much the same way as other risk factors. For those with asthma and other high-risk conditions -- like diabetes, COPD, or obesity -- COVID-19 is likely to be more severe. However, asthma by itself hasn’t been found to increase that risk. 

The researchers also found that quarantine orders could actually benefit those with asthma. The spring weather, though anticipatory for many consumers, sends pollen and allergens into the air that can worsen asthma symptoms. So staying indoors for long periods of time could actually be a benefit. 

“In sum, whether asthma represents a comorbidity associated with susceptibility to and progression of COVID-19 remains unclear,” the researchers wrote. “More research is needed to address the characteristics of those with asthma who develop COVID-19 and how asthma therapy, including inhaled corticosteroids or biologics, modulates such risks.” 

The latest count of states ordering people to wear face coverings when they’re out in public reached 42 on Thursday. But despite the upside of masking up, some people are still refusing to do so.

Lenka Koloma, a California resident, picked up on that notion and decided to create a fake government agency -- the Freedom to Breathe Agency. She even went as far as issuing cards that say the holder has a disability that prevents them from wearing a mask. To top it off, some of the cards reportedly bear the seal of the Department of Justice (DOJ) and claim that it’s illegal for any business to ask them to divulge whether their coronavirus condition is positive or negative.

Koloma -- who claims to be an international best-selling author and who cured herself of cancer -- is promoting the cards on her Facebook page and an online shop. In a video talking about the cards, Koloma says that FTBA is all about “taking our rights back,” going to the extreme of saying “we are unstoppable.”

Despite Koloma’s stance on this issue, consumers should know that the cards she produces are not in any way backed by the federal government or carry federal authority.

“The fact is, these cards aren’t issued or endorsed by DOJ, or any other federal agency,” warned Colleen Tressler, a Consumer Education Specialist at the Federal Trade Commission (FTC).

Tressler said that if someone is really concerned about face coverings as they relate to disabilities, they should visit the Americans with Disabilities Act (ADA) website or call the ADA at 800-514-0301 for the real, official information issued by the agency.

Walmart is reportedly planning to launch a membership program called Walmart+ later this month. The program will include many facets that mirror Amazon Prime, including same-day grocery delivery and reserved delivery windows. 

The retailer’s new membership program will purportedly cost $98 per year, and consumers will get access to same-day delivery, discounts on fuel at Walmart gas stations, and more. The program was initially slated to launch in late March or April, but Walmart was forced to delay the launch after the nation began battling the COVID-19 pandemic, according to Recode. 

Meeting demand

Walmart said last month that the pandemic has fueled an increase in demand for certain items. 

"We experienced unprecedented demand in categories like paper goods, surface cleaners and grocery staples," Walmart CEO Doug McMillon said on an earnings call in May. "For many of these items, we were selling in two or three hours what we normally sell in two or three days."

Like other retailers, Walmart has struggled to compete with Amazon. Amazon launched its Prime membership service in 2005, and it now has more than 150 million members globally. 

Walmart has unveiled several new services to try and keep up with Amazon, including free one-day delivery options and an “InHome” service in which a Walmart delivery person comes to a consumer’s home and puts their order of fresh products directly in the refrigerator.

Walmart hasn’t said whether its new membership program will first launch on a national or regional level. 

Presumptive Democratic presidential nominee Joe Biden went right at the American economy’s jugular on Thursday, floating an idea for a $700 billion dollar “Made in America” package. The politician said the initiative is designed to “mobilize the talent, grit, and innovation of the American people and the full power of the federal government to bolster American industrial and technological strength and ensure the future is ‘made in all of America’ by all of America’s workers.”

That’s a mouthful -- and a herculean task -- but Biden went “old school” in his idea by reminding voters and consumers that the U.S. was the “arsenal” of Democracy in World War II and that the nation has the vitality to do it again.

The presumptive Democratic presidential candidate says he doesn’t buy into the defeatist thinking that automation and globalization will put the U.S. in a losing position long-term.

“As we build the American economy back better, Biden will put Americans to work making critical products, from medical equipment and supplies to semiconductors and communications technology, here in the United States,” his plan promised, taking the Trump administration hostage for ignoring warnings about U.S. medical supply chain vulnerabilities and cutting taxes for companies that move their plants overseas.

Biden’s plan

Biden’s economy-boosting plan has six points: Buy American, Make It in America, Innovate in America, Invest in All of America, Stand Up for America, and Supply America. Two of those points in particular come with some serious investment. 

In his “Buy American” pitch, Biden says he wants to make a $400 billion “procurement investment” focused on improving clean energy and a related infrastructure plan designed to power new demand for American products, materials, and services. If his total procurement investment dream was guaranteed to become a reality, he said he also wants to ensure that those products are shipped overseas on U.S.-flagged cargo carriers.

Biden’s other big-money play is a $300 billion investment in research and development toward “breakthrough technologies.” He pinpoints two game-changers that could have a significant impact on consumers: electrical vehicle technology and 5G internet/phone service. Also in his $300 billion plan is provision that would move workers toward high-quality jobs in high-value manufacturing and technology.

The impact on the consumer 

ConsumerAffairs reached out to Matt Klink, owner of Los Angeles-based political consulting firm Klink Campaigns, for his opinion on Biden’s pitch from a consumer’s point of view.

“Evaluating Joe Biden's ‘Buy American’ plan in a vacuum, it's a great plan for the American consumer that will hopefully encourage and incentivize more American companies with a global footprint to return work to our shores,” Klink told ConsumerAffairs.

“However, the plan can't be evaluated without looking at the Vice President's other proposals that would raise the cost of energy, increase the price of gasoline, ramp up regulation -- the costs of which businesses, large and small, will pass on directly to the consumer. A Biden presidency would ensure consumers pay higher costs for goods and services, slightly more of which would be made in America.”

In the interest of ensuring that COVID-19 information provided to the public is highly accurate, Democratic members of the House Energy and Commerce Committee have sent letters to the largest online platforms requesting monthly reports containing instances of misinformation on the pandemic. 

The letters were sent to Facebook, Google, and Twitter and were signed by Committee Chairman Frank Pallone, Jr. (D-NJ), Oversight and Investigations Subcommittee Chair Diana DeGette (D-CO), Communications and Technology Subcommittee Chairman Mike Doyle (D-PA), and Consumer Protection and Commerce Subcommittee Chair Jan Schakowsky (D-IL).

The lawmakers said their aim is to curtail an alarming rise in false information circulating about the outbreak.

“Over the past several months, we have seen a troubling rise of false or misleading information related to COVID-19 disseminated by domestic and foreign actors on platforms such as yours. This disinformation has ranged from false statements about certain groups being immune from contracting the virus to unsubstantiated assertions about masks and vaccines,” the letter said.

“This type of disinformation is dangerous and can affect the health and well-being of people who use this false information to make critical health decisions during this pandemic,” the lawmakers added. 

Greater transparency needed

The tech giants reportedly agreed last month to hand over reports detailing misinformation to the European Commission, but the lawmakers said in the letter that “further transparency is needed” to gain a clear picture of the extent of disinformation and the efforts that are being taken to combat the problem.  

“Given the Committee’s jurisdiction over consumer protection and its ongoing oversight efforts around COVID-19 disinformation, we request that your company provide the Committee with monthly reports similar in scope to what you are providing the European Commission regarding your COVID-19 disinformation efforts as they relate to United States users of your platform,” they stated.

In recent months, tech giants have stepped up their efforts to fight false or misleading information about the COVID-19 pandemic. In April, Facebook began notifying users who had reacted or commented on a post containing misinformation that had since been removed. 

Facebook said the alerts would “connect people to COVID-19 myths debunked by the WHO including ones we’ve removed from our platform for leading to imminent physical harm.” 

YouTube has started weeding out videos that falsely link COVID-19 to the rollout of 5G, while Google has set aside $6.5 million in funding for organizations committed to combating misinformation on the virus.

After the holiday shopping season, back-to-school time is the most important time of the year for the nation’s retailers. If parents and students don’t spend freely from mid-July to mid-August on everything from pens to computers, businesses can lose money.

This year, the back-to-school season is anything but certain. Most school districts are still trying to decide what they’ll do. Many, like New York City schools, are considering a hybrid situation, with students reporting to class just a couple of days a week and working from home the rest of the time.

Then there is the economic factor. With many parents unemployed from the coronavirus (COVID-19) shutdown, some families may not be able to spend on back-to-school items the way they did in past years.

Technology will be the big winner

Analysts at Deloitte say that spending, at best, will be about the same as last year, but they don’t expect growth in this environment. If individual families do increase their spending in any area, Deloitte expects them to spend it on technology.

"The back-to-school shopping season traditionally represents a clear transition to fall, but families this year face a period of uncertainty,” said Rod Sides, Deloitte’s vice chairman. “With school formats still up in the air for many, the spend is shifting to tech as parents anticipate the possibility of remote learning and the need to supplement students' education.”

Technology sellers certainly could be this school season’s winners, according to the Deloitte analysis. Spending on technology products such as computers and tablets is likely to increase 28 percent, with an average purchase totaling $488 dollars.

Clothing sales may suffer

But students going to class only a couple of times a week, or not at all, are less likely to spend much on apparel, traditionally a big segment of back-to-school spending. The purchase of clothing, accessories, and traditional school supplies could drop by 17 percent to an average of $336, according to Deloitte.

“Retailers that can stay nimble and react quickly to changing needs for education amid the challenges of COVID-19, will likely be the ones that will have an opportunity to appeal to shoppers this season," Sides said.

That said, retailers may find it harder to compete for back-to-school dollars this year if they don’t have an e-commerce channel. Deloitte predicts more back-to-school purchases will occur online -- 37 percent compared to 29 percent last year.

When consumers will start spending also remains a question. Until school districts announce their plans, parents and students may wait to make out their shopping lists.

Amazon has informed its third-party sellers in the United States that they will soon have to display their business name and address on their public seller profiles. 

Amazon said the change is intended to give consumers more insight into who they’re buying from. Sellers are already required to disclose this information to Amazon, but the policy change will make it so that the information is available for everyone to see. 

“We are making this change to ensure there is a consistent baseline of seller information to help customers make informed shopping decisions,” the company said Wednesday in a notice to sellers.

The change will take effect starting September 1. 

Expanding information available to consumers

By enacting the new policy, Amazon is aiming to provide greater transparency to U.S. consumers and crack down on issues like counterfeit items and unsafe or expired products. Listing seller information will make it easier for customers to get in contact with the seller or take legal action in the event that they purchased an item that caused harm. 

Amazon has already implemented a similar policy across its stores in Europe, Japan, and Mexico in accordance with local laws. In its announcement Wednesday, Amazon said it’s striving for consistency in its marketplace policies. 

“Over the years, we have developed many ways for sellers to share more about their business, including through features like the seller profile pages, ‘Store’ pages for brand owners, and Handmade ‘Maker Profile’ pages,” an Amazon spokesperson said. 

“These features help customers learn more about sellers’ businesses and their products. Beginning September 1, we will also display sellers’ business name and address on their Amazon.com seller profile page to ensure there is a consistent baseline of seller information to help customers make informed shopping decisions.” 

Amazon’s U.S. marketplace is its largest, with 461,000 active sellers based in the U.S. 

BMW of North America is recalling 16 model year 2020-2021 740Li, 740 Li xDrive, 750Li xDrive, M760Li xDrive, and Alpina B7 vehicles.

The top child seat tether anchor on the rear middle seat may not be readily accessible.

A child restraint system placed on the vehicle's rear middle seat without utilizing the three-point safety belt, could increase the risk of injury in a crash.

What to do

BMW will notify owners, and dealers will install a top tether anchor cover at the rear middle seating position.

This recall is expected to begin August 24, 2020.

Until these vehicles are remedied, owners should utilize the outboard rear seating positions which are equipped with an accessible top tether anchor, or, the middle rear seating position and the vehicle's three-point safety belt.

Owners may contact BMW customer service at (800) 525-7417.

Garland Ventures of Garland, Texas, is recalling 1095 cases of Five Cheese Stuffed Shells trays.

The product may be contaminated with Listeria monocytogenes.

No illnesses have been reported to date.

The recalled product, comes in 10.76 ounces containing shells with marinara sauce, mozzarella cheese and parsley, and packed in a comes in 10.76-oz. aluminum foil container with a clear lid marked lot# F080SS/F090SS on the bottom of label.

It was sold in a limited number of retail stores nationwide.

What to do

Customers who purchased the recalled product should return it to the place of purchase for full refund.

Consumers with questions may contact Bob Cocat anytime at (972) 795-5313.

Chrysler is recalling 114 model year 2020 Ram Promaster vans and 1500 pickups.

The vehicles may have an improperly crimped diffuser in the side curtain airbag which may result in the diffuser detaching from the inflator in the event of an airbag deployment.

If the diffuser detaches from the inflator during airbag deployment, the airbag may not inflate properly, increasing the risk of injury.

What to do

Chrysler will notify owners, and dealers will replace the side curtain air bag assemblies free of charge.

The recall is expected to begin August 14, 2020.

Owners may contact Chrysler customer service at 1-800-853-1403. Chrysler's number for this recall is W52.

Coronavirus (COVID-19) tally as compiled by Johns Hopkins University. (Previous numbers in parentheses.)

Total U.S. confirmed cases: 3,009,611 (2,948,397)

Total U.S. deaths: 131,594 (130,430)

Total global cases: 11,884,799 (11,662,574)

Total global deaths: 545,398 (539,058)

Trump pushing for school reopenings in the fall

Despite a new surge in coronavirus (COVID-19) cases across much of the country -- the number of U.S. cases went over the 3 million mark this week -- President Trump says the White House will pressure governors to make sure children are back in school this fall.

“We’re very much going to put pressure on the governors and the schools to reopen,” Trump said at a White House event with educators. “Open your schools in the fall.”

New York Mayor Bill de Blasio said today that New York City schools will not fully reopen in the fall. So far, few states and school districts have disclosed plans for getting kids back to the classroom. In many states, the school year resumes about a month from now. 

Las Vegas casinos could close again

Casino operators in Las Vegas may have pushed their luck when they reopened their doors in early June. Cases of the coronavirus have spiked in Nevada, and an industry publication reports that the casinos could shut down again.

US Bets quotes gaming expert Jeff Hwang as saying that some type of additional lockdown is both necessary and inevitable. The gambling news site reports that many casinos had lax enforcement of social distancing rules, and most did not require gamblers to wear masks.

“From the first day, the internet was filled with the most literal sort of viral videos, showing people behaving no differently than they did pre-COVID,” US Bets reports.

Florida’s ICUs reaching their limit

Florida hospitals report their intensive care units (ICU) are filling up during the current surge in new coronavirus cases. More than 40 hospitals say they have maxed out their ICU beds.

State health officials report that there are more than 5,000 ICU patients and they are using about 83 percent of the state’s ICU capacity. At the moment, they say there are fewer than 1,000 available beds.

The situation is said to be the worst at hospitals in the Miami, Orlando, Tampa, and Fort Lauderdale areas.

Brooks Brothers is the latest COVID-19 victim

Brooks Brothers, the upscale fashion retailer, has filed for Chapter 11 bankruptcy protection, the latest corporate victim of the pandemic. Not only did the initial shutdown close all of its stores, but people working from home also didn’t see the need for business attire. Casual Friday didn’t help.

The 200-year-old clothing chain joins Neiman Marcus Group Inc., J. Crew Group Inc., and John Varvatos Enterprises Inc., which have all also filed for bankruptcy since the virus shut down the economy. 

The company had been struggling over the last few years as younger shoppers chose a more informal look. It had been seeking a buyer since 2019.

Survey: COVID-19 won’t disrupt holiday shopping

The pandemic slammed the economy and radically changed consumers’ mobility patterns, but that’s unlikely to have much impact on holiday shopping later this year.

At least, that’s the conclusion of a survey by omnichannel commerce technology and operations firm Radial. It reports that shoppers do not plan to significantly change their holiday spending compared to 2019. 

Not surprisingly, the data revealed a definite preference for online shopping, with 66 percent of shoppers expecting to increase their online purchases during the upcoming holiday season.

Around the nation

• Florida: The mask-wearing debate exploded in a Fort Myers Costco when a video of a man yelling at other shoppers who asked him to wear a mask went viral this week. The man refused, yelling “I feel threatened.” Costco’s corporate policy requires all shoppers to wear masks.

• Tennessee: Memphis Mayor Jim Strickland has extended the state of emergency in his city as the pandemic continues. The original order went into effect March 17 but has been extended several times. Shelby County has recorded more than 12,000 cases of the virus and 200 deaths.

• Texas: The Texas Medical Association has issued a list of what doctors consider the top 37 activities that put people in risk of getting the coronavirus. Number one on the list is going to a bar. The least risky activity is opening the mail.

More than 60,000 new cases of COVID-19 were reported in the United States on Tuesday, marking a grim new record for cases reported in a 24-hour period. The country’s previous single-day record of 54,000 new cases was reported on Thursday.

The total number of cases in the U.S. has now exceeded 3 million, according to data compiled by Johns Hopkins University. 

A large number of cases have cropped up in the South and Southwest. Nearly half of all new cases in the country have come out of Arizona, California, Florida, and Texas; the biggest jumps in cases occurred in Texas and California, with more than 10,000 each. 

Lower death toll

The number of deaths from the virus has fallen in recent weeks, which President Trump -- who is pushing for schools to reopen in the fall -- is taking as a sign of overall improvement. 

"Our mortality rate is right now at a level that people don't talk about, but it's down ten-fold," Trump said in a White House briefing. 

Dr. Anthony Fauci, the nation’s top infectious disease expert, isn’t quite as optimistic about the state of the outbreak. Fauci said it was "a false narrative to take comfort in a lower rate of death."

"There's so many other things that are very dangerous and bad about this virus," he said.

Last week, Fauci said the nation is “not in total control” of the pandemic. He said the numbers could rise to a level that’s “very disturbing” if the trends we’re seeing now continue, and he wouldn’t be surprised if the average number of new cases per day eventually reached 100,000. 

"We are still knee-deep in the first wave of this," Dr. Anthony Fauci said in a Facebook and Twitter livestream Monday. 

Health authorities are continuing to urge everyone to follow public health and safety guidelines by wearing face masks, practicing social distancing, washing hands frequently, and avoiding small indoor spaces that could become crowded.  

The Consumer Financial Protection Bureau (CFPB) took action on Tuesday regarding payday lending. The agency announced that it has nullified provisions from the Obama administration that required lenders to ensure that borrowers could repay their loans before issuing cash advances. 

The agency also nullified a provision that was meant to protect borrowers from becoming caught in “debt traps” -- situations in which a debt is difficult or impossible to pay because high-interest payments prevent repayment of the loan’s principal, such as what happens in many student loans.

Enter the Trump administration

The Trump administration blocked those Obama-driven rules from becoming reality and asked for a review of the situation. That move prompted the CFPB -- under Trump-appointed leadership -- to change the rule so that lenders are not required to check whether a borrower can afford to pay or not.

Consumer cheerleaders claim that the reasons the Trump administration and the CFPB have for overturning the 2017 rule don’t hold water. 

“By eliminating the ability-to-repay protections, the CFPB is making a grave error that leaves the 12 million Americans who use payday loans every year exposed to unaffordable payments at annual interest rates that average nearly 400 percent,” Alex Horowitz, senior research officer with Pew Charitable Trusts’ consumer finance project, told CNBC.

One member of Congress also let his frustration be known. “Last October we learned that, in exchange for contributions to the Trump campaign, payday lenders were bragging about being able to ‘pick up the phone and … get the president’s attention’ to fend off regulation,” Sen. Sherrod Brown (D-OH) said in a statement. “Today, the CFPB gave payday lenders exactly what they paid for by gutting a rule that would have protected American families from predatory loans that trap them in cycles of debt.” 

The pandemic can put a consumer upside down in a loan

The ruling by the CFPB couldn’t come at a more precarious time for consumers. Nearly 33 percent of U.S. residents have lost income because of the coronavirus pandemic, according to the Financial Health Network’s 2020 U.S. Financial Health Pulse. 

Not only that, but 16 percent of financially strapped people have sold something, borrowed money from family or friends (12 percent), or taken to borrowing a payday loan, deposit advance, or pawn shop loan (3 percent) -- all as a way to stay afloat.

The need to keep their head above water can put a consumer at a crossroads of trying to find the best way out of their financial woes. Payday loans come easy, but paying them off doesn’t. 

One of the ugly hooks that payday lenders sink into a borrower is a finance charge that’s required to get the loan. As Horowitz noted, the annual percentage rate (APR) on those loans average 400 percent -- nearly 20 times the average credit card rate. Take out a five-year $2,000 loan from a payday vendor and you could be looking at $38,000 in interest alone.

The CFPB defends its move

While the Bureau can’t kill off the virus, it says that its actions will help ensure “that consumers have access to credit and competition in states that have decided to allow their residents to use such products, subject to state law limitations.” On top of that, the CFPB said it adopted the new rule “because of the insufficient legal and evidentiary bases for the (original) rule’s mandatory underwriting provisions.”  

Agency officials noted that the action will “help to ensure the continued availability of small-dollar lending products for consumers who demand them, including those who may have a particular need for such products as a result of the current pandemic.”

“A vibrant and well-functioning financial marketplace is important for consumers to access the financial products they need and ensure they are protected. Our actions today ensure that consumers have access to credit from a competitive marketplace, have the best information to make informed financial decisions, and retain key protections without hindering that access,” said CFPB Director Kathleen L. Kraninger. 

“The Bureau protects consumers from unfair, deceptive, or abusive practices and takes action against companies that break the law. We will continue to monitor the small-dollar lending industry and enforce the law against bad actors.”

With the American Academy of Pediatrics (AAP) now recommending infants as young as six months old receive a flu shot, a new study is exploring how early exposure to the flu can affect consumers’ immune systems as they age. 

According to the findings, consumers may be less likely to experience severe symptoms later in life if they’re exposed to the virus early on. The researchers say their findings could speed up the development of future treatment options.

"We hope the findings from our study will improve our understanding of influenza epidemiology and the low and variable effectiveness of the seasonal flu vaccine," said senior author Sarah Cobey. "This would lead to better forecasting and vaccination strategies to help combat future flu seasons."

Identifying infection risk

To understand how early exposure to the flu could affect the likelihood of becoming infected in the future, the researchers analyzed flu data from consumers in Marshfield, Wisconsin. The dataset included stats from a decade’s worth of flu seasons, and all participants were at least six months old. 

The researchers explained that there are three primary strains of the flu: A, which can be broken down into A(H1N1) and A(H3N2), B, and C. They assessed the risk of future infection based on early life exposure to all three variations of the virus. 

Ultimately, the researchers learned that being exposed to the flu during infancy is likely to protect consumers as they age. Exposure to a specific strain of the flu in early life reduced the likelihood of severe symptoms when exposed to that same strain again. The research team said this correlation was stronger for the influenza A(H1N1) strain than it was for the A(H3N2) strain, the latter of which was responsible for the swine flu outbreak in 2009. 

When it comes to the flu vaccine, the researchers learned that consumers respond differently to it at different ages. Because the flu shot is modified each year to adapt to the newest strains, this is important information for both consumers and medical experts. 

In a lawsuit filed on Wednesday, Harvard and the Massachusetts Institute of Technology (MIT) requested an order to block guidance recently issued by the government affecting international students.

Earlier this week, Immigration and Customs Enforcement (ICE) issued a news release saying that the government would not allow foreign students whose universities switched to online-only courses to remain in the United States this fall semester. 

International students to whom the new guidance applies must “depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status,” ICE said. 

Harvard President Larry Bacow immediately expressed opposition to the rule change, saying Harvard is “deeply concerned” that the new guidance “imposes a blunt, one-size-fits-all approach to a complex problem giving international students, particularly those in online programs, few options beyond leaving the country or transferring schools."

To keep students and instructors safe, Harvard has announced that all of its courses will be carried out online, including for students living on campus. The latest order threatens to impact roughly 5,000 of the school’s international students. 

"The order came down without notice—its cruelty surpassed only by its recklessness,” Bacow told CNN. “It appears that it was designed purposefully to place pressure on colleges and universities to open their on-campus classrooms for in-person instruction this fall, without regard to concerns for the health and safety of students, instructors, and others.” 

Failure to consider health risks 

The lawsuit filed by Harvard and MIT seeks to stop the government from imposing the guidance on the basis that it violates the Administrative Procedures Act. 

“The ability to provide remote education during the pandemic is of paramount importance to universities across the country. COVID-19 is a highly contagious disease that spreads from human to human in close contact situations,” the complaint stated. 

“ICE’s action proceeded without any indication of having considered the health of students, faculty, university staff, or communities,” the universities added. 

Additionally, the suit noted that the guidance will leave “hundreds of thousands of international students with no educational options within the United States,” just weeks ahead of the fall semester. 

“Students are largely unable to transfer to universities providing on-campus instruction, notwithstanding ICE’s suggestion that they might do so to avoid removal from the country. Moreover, for many students, returning to their home countries to participate in online instruction is impossible, impracticable, prohibitively expensive, and/or dangerous,” the suit said.