A group of Chinese students who were denied visas is proposing to sue the U.S. government over Presidential Executive Order 10043. U.S. attorneys say the lawsuit has no chance of success.
10043 is a presidential proclamation signed by former U.S. President Donald Trump on May 29, 2020, which seeks to prohibit Chinese students with ties to the Chinese Communist People’s Liberation Army from obtaining F or J visas to enter the United States to pursue graduate or post-graduate degree studies or conduct scientific research. As of September 8, 2020, the U.S. State Department has cancelled more than 1,000 visas for Chinese nationals under the executive order.
Mainland media reported that the students denied visas were mainly from the “Seven National Defense Schools” and Beijing University of Posts and Telecommunications. The “Seven National Defense Schools” are Beijing University of Aeronautics and Astronautics, Beijing Institute of Technology, Harbin Institute of Technology, Harbin Engineering University, Northwestern Polytechnic University, Nanjing University of Aeronautics and Astronautics, and Nanjing University of Technology.
Some applicants were presented with a denial slip directly after they reported the name of their institution, stating that the reason was 212(f), an executive power granted by immigration law to the president of the United States to deny entry to any alien in the name of national security.
Mainland media reported that Wang Lei (a pseudonym) and more than two dozen other Chinese students launched an initiative called “ANB Academics Without Borders” in May 2021. At the same time, they were preparing to challenge Presidential Decree 10043 with legal action.
However, mainland lawyer Wang Chang poured cold water on the Chinese students. He told the mainland media that only Chinese students whose visas were revoked in the U.S. have “standing to sue,” and those who were denied visas outside the U.S. do not have standing to sue because students who have not yet entered the U.S. are not protected by the U.S. Constitution’s Bill of Rights.
Realizing this, Wang Lei and his team tried to find Chinese students whose visas had been revoked in the United States. But even if those students launch a lawsuit, New York attorney Ning Ye told the Epoch Times that the suit has no chance of winning.
“Because the legality and constitutionality of the president’s executive order is a political issue, not a legal issue. With this as a political question (political issue), the court will generally not accept it.”
The second point is that whether or not to issue a visa belongs to the sovereignty and internal affairs of a country, and foreigners have no standing to initiate a challenge.
“In fact, it should be said that the person who initiated this lawsuit also knows that his kind of lawsuit can’t go anywhere. So, this is probably just a kind of public opinion and propaganda thing, not really a serious legal and judicial action. That is to say, no judge will accept such a case.”
Los Angeles attorney Zheng Cunzhu also told the Epoch Times that visas are not a basic human right, but a privilege granted by the government.
“A visa is a government action, it’s not your most basic right, it’s a privilege (given) by the government, it’s such a privilege that I give you. That is, if I am willing to let you come to the United States to study, or if you comply with certain policies to exchange, it is I unilaterally allow you, not you have such a right (right).”
Wang Chang, a mainland lawyer, claimed that Executive Order 10043 is a bad policy implemented by Trump, arguing that “all students from a certain country may be spies” and that it is an illegal “guilt by association”. Yeunen said that E.O. 10043 is to defend the United States.
“The U.S. government has finally woken up after a 40-year-long honeymoon with the Chinese Communist Party that was inexplicably confusing, and when it woke up, it rushed to build a fence and a wall to prevent (invasions) and to change the 40-year-long – actually longer – leftist control of the country. — more than seventy years of leftist illusions, political illusions about the CCP.”
Yeh Ning said the sweeping cuts were also a last resort. “In a game of peaceful evolution against each other, it is the Chinese Communist Party that is winning not the United States. So on this issue, the U.S. has to take a broad-brush approach in order to mend the fold. This one-size-fits-all approach may seem a bit crude, but it is actually the only viable approach – under the current U.S. system.”
Wang Chang, a mainland lawyer, accused the U.S. of treating all Chinese students as potential spies in a way that is inconsistent with the U.S. Constitution. Ye Ning countered that such U.S. efforts to prevent espionage have a basis in legality.
“In a situation where the U.S. can’t distinguish for a moment who is a spy and who is not, it’s to restrict visitors from certain countries. Whether you come to the United States to study or to visit, you are a guest. The host has the right to decide which guest to admit and which guest not to admit.”
Zheng Cunzhu said the U.S. Immigration Service did not refer to a particular foreign student as a spy, but only to strengthen security precautions. “This prevention is like you installed a security door on top of your window or door, or installed a security device on top of the window, or installed a monitoring device. Do you think your neighbors are some thieves? It is only based on a personal precaution, it is out of the national interest of the security of a kind of precaution.”
Ye Ning said that if the Chinese Communist Party really wants to help international students, it should stop planting spies among them.
“You really want to change the situation, you do not send spies among international students well, do not let international students to act as the vanguard of your patriotic thief theme, to the streets of the United States to wave the sickle and axe blood flag, waving the five-star blood flag, to go for your big foreign propaganda.”
To the surprise of many, Biden has inherited much of Trump’s political legacy when it comes to fighting the Chinese Communist Party, including the renewal of Presidential Executive Order 10043. The United States has suffered greatly from the theft of U.S. technology by the Chinese Communist Party over the past four decades, and there has been a growing outcry from American citizens against the Chinese Communist Party. Curbing the CCP has become a bipartisan consensus.
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