Jim Sensenbrenner: “Mr. Speaker, the Immigration and Nationality Act permits foreign students to study in the United States on nonimmigrant…”

“Mr. Speaker, the Immigration and Nationality Act permits foreign students to study in the United States on nonimmigrant student visas. Aliens must be full-time students to be eligible for F visas, which is academic or language studies, or M visas, which are vocational or non-academic studies, nonimmigrant student visas. However, some INS districts have paroled commuter students from Canada and Mexico into the United States as visitors to bypass this statutory requirement because no visa category exists for part-time commuter students. Since September 11, 2001, the INS has issued memoranda regarding its intent to end this practice of accommodating part-time commuter students but permits its continuance through the end of this year for students already enrolled in border schools. On August 27, 2002, the INS issued an interim rule to expand the F and M student visa categories to permit Mexican and Canadian commuter students to obtain student visas. However, such a rule is open to differing interpretations across administrations. By passing H.R. 4967, this bill would make Congress' intent clearer that the Canadian and Mexican students should be able to obtain student visas and attend U.S. schools along our borders.”