Russian Fulbright scholars may be in danger if they are forced to return to Russia, say advocates calling for decisive action by the Biden administration. The Russian Fulbright scholars were training or pursuing studies at U. S. universities when Russia declared three U. S. organizations, the institute added. According to Russian academics, around 150 Russian Fulbright scholars or recent former scholars in the United States could be affected by the Russian government’s statement.
On March 18, 2024, the Russian Prosecutor General’s Office declared the Institute of International Education an unwanted organization. According to Alexei Pryanishnikov, a lawyer affiliated with Mikhail Khodorkovsky’s Open Russia Foundation, “the arbitrary movements of law enforcement officials in Russia (the Prosecutor’s Office (Office, the FSB, the Investigative Commission and the courts) in interpreting the legislation on so-called “unwanted” organizations, as well as the low standards of proof in this category of cases, allow us to judge the grave dangers of incurring criminal responsibility of persons participating in the educational systems of the Institute of International Education.
The lawyer notes in a note that penalties for offenders, included in a new article of the Penal Code, can include fines or prison sentences of one to eight years. It considers that “it is likely” that the new article of the code “will be implemented to participants in the educational systems of the Institute of International Education. “(See here the point of view of a Russian Fulbright researcher. )
To better understand the Fulbright program and possible solutions for Russian academics, I interviewed immigration attorney Greg Siskind, who responded in writing. Siskind, a founding partner of Siskind Susser, P. C. , advises Russian Fulbright investigators on their legal options.
Stuart Anderson: What is the Fulbright program?
Greg Siskind: The Fulbright Program, established in 1946, is a prestigious currency exchange program administered through the State Department. Its stated purpose is to promote mutual and cultural exchange between the United States and other countries through educational and cultural exchanges.
The program is available to students, scholars, professionals, and artists to study, teach, conduct research, and exchange concepts in countries around the world. Fulbright scholarships typically cover expenses such as travel, living allowances, and in some cases, tuition fees for those who decided to participate in the program.
Foreign participants in the Fulbright program enter the United States on a J-1 visa, and the Fulbright program is the sponsor of the program.
Anderson: What are the program regulations?
Siskind: Fulbright scholars are subject to Section 212(e) of the Immigration and Nationality Act, which requires other individuals entering the United States on a J-1 visa who have obtained a government budget to return to their home country for two years. before they can take advantage of certain immigration measures. Get perks like work visas and a green card.
Fulbright recipients would possibly apply for a waiver of this requirement based on obtaining assistance from an interested U. S. government agency, hardship faced by a U. S. citizen or permanent resident spouse or child, or whether they are subject to persecution if they return home. In such cases, however, the Fulbright program is consulted and given special weight to its objection, so that a negative opinion from Fulbright has maximum effects on the denial of a waiver request. Unfortunately, Fulbright never helps grant a waiver. This means that maximum exemption requests for Fulbright recipients are denied. The State Department and Fulbright justify their strict policy by claiming that the promotion of foreign industry is a key goal of U. S. foreign policy.
Anderson: Why is Russian Fulbright worried?
Siskind: Russian Fulbright recipients are in a difficult situation. First, they are at risk if they return to Russia. The Fulbright program will close in Russia in 2022, as will many other non-governmental organizations. More recently, they have been labeled an “undesirable organization” and Fulbright participants are now under suspicion in a country with a dismal record of imprisoning others who disagree with the government. Many Russian recipients of the Fulbright program have already been unabashedly opposed to the war and the Putin regime’s measures. domestic politics and backing Russia is simply not a smart choice.
They have been subject to sanctions since the beginning of 2022, so many of them no longer benefit from their families’ monetary aid. They are in a precarious financial situation until they can unload the ability to work. For many, this is a dead-end scenario: not being eligible for a painting visa, not being able to return home, and not being able to apply for a residency waiver (for the reasons stated above).
If they try to apply for a waiver or likely political asylum, they will have to find the budget to pay a lawyer for the waiver, one of the most confusing and expensive immigration legal procedures, with legal fees typically costing five dollars. range of figures. Without it, they can take the DIY direction and navigate one of the world’s most confusing immigration systems on their own. Immigration lawyers offer assistance for free, but with the influx of humanitarian immigrants in recent years, it is difficult to locate that help.
Finally, waiver and asylum procedures are incredibly slow. An applicant for a J-1 waiver with a hardship or persecution waiver would possibly wait for a procedure of more than two years, and an asylum seeker would likely wait a decade for a hearing. A wonderful solution.
Anderson: What steps is Biden’s leadership taking?
Siskind: The Biden administration has a diversity of characteristics if it needs to help this population. First, the State Decomponent can simply be an “interested government agency” and help bring about a J-1 waiver for all Russian Fulbright scholars. Because the Fulbright program is part of the State Breakdown, the Biden administration can simply mandate that the Fulbright program not include a warning in those cases.
Another option is now available, thanks to recent policy guidance issued through U. S. Citizenship and Immigration Services. In the U. S. In the end, USCIS is the arbiter who determines whether a user is subject to the residency requirement (the Department of State makes waiver recommendations that USCIS follows). ). USCIS rules state that a user is not subject to the home residency requirement if it is highly unlikely that they will return home (a conflict in the home country is given as an example).
USCIS did not follow the procedure by which a user can claim this and indicated that the Department of State deserves to be consulted. But it would be simple enough for either agency to simply say that the rules apply, that the State Department agrees that situations in Russia are covered, and that Russian Fulbright recipients (and others subject to Russia’s 212(e)) are eligible for the same immigration benefits as others who are not subject to a residency condition.
Another option that the Biden administration could have would be prestige protected by transience. We have TPS for nationals of other countries in conflict where the U. S. has poor relations with their home countries (including Afghanistan and Syria). TPS would give Russian J-1s a certain prestige in the U. S. The U. S. military and the ability to work legally until the end of the war.
Congress can also meet this challenge by offering immigration assistance, as it did in the future with academics after the 1979 Iranian revolution and the 1989 Tiananmen Square uprising.
Anderson: What objections have you heard?
Siskind: The State Department was asked for help from the beginning of the war. After months of lobbying the department, the state nonetheless said Russian Fulbright scholars would not receive any special accommodations. No explanation has been given as to why. .
USCIS has been more sympathetic, as indicated by rules issued through the agency. However, repeated requests for explanations on how to enforce the policy’s rules have gone unanswered. No one seems to have any express objections to express. In fact, as you reported in May 2022, Biden’s leadership has obviously encouraged brilliant Russians to come to America. However, here is a population that has already proven to be the most productive and brilliant and that is already there, but it is not welcome. .
Anderson: What will be the consequences if the Biden administration doesn’t take action regarding Russian participants in the Fulbright program?
Siskind: Obviously, if other people had to choose between staying in the U. S. illegally or going back to Russia, they would probably go home and face danger. It keeps me up at night thinking about this possibility. Many of the young people I served would be drafted and sent to fight in Ukraine, or else be forced to apply their clinical skills to contribute to the Russian military’s effort. I can’t think of a more undesirable end result for the United States, Ukraine, and those individuals.
Biden’s administration also sends mixed signals that do not imply a coherent policy. Are they honestly saying that encouraging foreign exchanges with Russia is essential, even if Russia bans the Fulbright exchange program?Are they committed to helping Ukraine when they are willing to transfer the wisdom of Fulbright scientists to Putin and potentially even send new foot soldiers to Putin?Are they determined to lure Russian scientists even as they try to weed out many of the brightest ones already there?Hopefully, Biden’s leadership will meet this challenge immediately, because ignoring it for two years has not helped Russian Fulbright researchers or U. S. national security.
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