People For Rent: America has always treated foreign workers as a resource, not as people.
Ep. 57

People For Rent: America has always treated foreign workers as a resource, not as people.

Episode description

Will’s got his 90s voice ready and Joshua’s got the receipts on a 70-year-old architecture that treats students like Cold War chips. We’re talking about the $40 billion revenue model that charges you to watch you, and what happens when the ‘raw material’ starts writing op-eds. It’s a labor story, not an immigration debate, and no, it’s not a conspiracy—it’s a line item. Touch grass, then listen. #OverlapPodcast #HigherEd #LaborRights #SEVIS

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0:00

Summerville, Massachusetts, March, 2025. Plainclothes DHS agents are waiting on the sidewalk,

0:08

not at a courthouse, not at a detention facility, on a sidewalk in Summerville. And Rumecia Azturk,

0:16

a Turkish doctoral student at Tufts University, walks into that. No warning, no prior notice that

0:24

her F1 visa had already been revoked. She finds out her legal status in the United States has been

0:30

canceled the same way you find out your debit card got declined, in the moment, in public,

0:36

with strangers watching. All because she wrote an op-ed for the student newspaper? She co-wrote an

0:42

op-ed for the student newspaper, criticizing Tufts University's response to the conflict in Gaza.

0:49

That's the whole file. Like, that's the national security threat. A graduate student with a pen

0:53

and just a co-author listing inside of a newspaper. For which they transferred her to a detention

1:01

facility in all of all places, Louisiana, which we know can be a pleasant place to spend some time,

1:07

or an unpleasant place. But from Massachusetts, they sent her to Louisiana, like, she's some

1:12

kind of package being rerouted. Yeah, a federal judge in Vermont eventually issued an emergency

1:18

order. As of April 2025, she was still in the detention facility while the litigation was

1:25

moving through the court system. And here's the thing that I need you to sit with before we go

1:29

any further. Mesa Ozturk did not come to the United States to protest. She came here because

1:36

the United States spent 70 years building a system specifically designed to recruit people

1:43

exactly like her. Brilliant, ambitious, academically elite, and plug them into American institutions.

1:51

She followed every rule of a system that was never actually designed to protect her.

1:59

It was designed to use her. And when she stopped being useful in the way that they wanted?

2:03

The system showed her exactly what she was to it, to the system that is the whole time.

2:26

All right, welcome back overlap listeners. Thanks so much for being here. I am Joshua.

2:30

And I'm Will, welcome back. Yes, we are genuinely glad you're here this week, because this one,

2:36

Will, this one has been sitting under the desk on my chest, but and on my mind and heart for a while,

2:43

but still sitting underneath there. And I think we're finally going to go ahead and dig it up.

2:46

Same. I've been thinking about some of this and how to say it for weeks, honestly, but there's a

2:51

version of this story that gets told as an immigration debate. And I want to clear it

2:54

right up front. That is not what this is. This is not an immigration debate. That is not what this is.

2:59

Not even close. So what this is, and I want I want you, dear listener, to hear this before we go

3:05

any further is a labor story. It's a story about who gets to work, who gets to stay, who gets to

3:11

speak, and who gets to decide all three of those things. And it has a very long paper trail.

3:17

And the paper trail goes farther back than most people realize.

3:20

1954. Like everything in the boomer generation. J. William Fulbright is helping frame international

3:28

student exchange explicitly. Not implicitly, explicitly as a cold war soft power tool.

3:36

The idea was pretty straightforward, right? Recruit the world's best minds

3:40

into American institutions. You win their ideological loyalty, and send them home as

3:47

ambassadors for the American project. An outreach, if you will, an evangelization

3:54

of the American system. That was the architecture. That was the purpose of the program.

3:59

And if they didn't go home? And if they didn't go home, by 1965,

4:04

Emanuel Seller and Philip Hart and Lyndon B. Johnson had already built you a visa category

4:11

that made sure the university controlled your legal status. You are not a student.

4:17

You are a sponsored dependent. There's a very big difference.

4:21

You serve at the pleasure of the university, in a sense. I keep thinking about the migrant

4:25

farm worker parallels here. And I know we're going to get into this a little bit deeper in

4:29

the episode, but the structure is almost identical. You bring someone in, you tie their legal right to

4:34

exist in this country to a single institutional sponsor, and then you call it opportunity.

4:39

Yeah, you call it opportunity and you charge them for it. You actually have a line item right there.

4:44

Foreign students generated $40 billion in tuition revenue in 2022 alone. $40 billion, right. And in

4:54

2001, after September 11th, John Ashcroft and George W. Bush mandated a surveillance system called

5:01

SEVIS. They made the students pay the $200 fee to fund their entire monitoring infrastructure.

5:09

So you're paying to be watched?

5:11

You are paying to be watched. And if the government decides tomorrow that your op-ed is a foreign

5:17

policy threat, currently Marco Rubio can sign a piece of paper and Todd Lyons will send someone

5:25

to your sidewalk, to your house, to your university.

5:28

So here's what we're going to do today, listeners. We're walking you through the full architecture

5:32

of the system, how it was built, why it was built, who benefits from it. I think we all know who that's

5:37

going to be, but what it looks like now in 2025 when that architecture is being used as a weapon.

5:42

By the end of this episode, you'll never hear the phrase international student the same way again.

5:47

All right, so let's go. I want to start in a specific room. It's 1954, Washington, DC.

5:54

Close your eyes, feel the ambiance of the cigarette smoke thick in every room. J. William Fulbright is

6:02

a Senator from Arkansas. You know, there was some cigars in there as well. And look, J. William

6:08

Fulbright is not naive, right? He fought in World War II. He watched the Marshall Plan work. He

6:15

understands some things that the people around him are still kind of tripping over and tripping

6:22

toward, which is that you don't win a cold war with missiles, literally. You win it with mines.

6:29

And the program he's building, hearts and minds. That wasn't until later. That was Iraq, Iraqi

6:36

freedom. But the program he's building, what will essentially become the framework for the international

6:42

educational exchange program is very explicitly in the documents, in the stated policy rationale,

6:48

a soft power operation. Right. And I think it sort of goes without saying, not to point out the

6:53

obvious here, but it's not a cold war if you're winning it with missiles. That's a hot war.

6:58

That's just a war. But yeah. So I mean, this is not, you know, not what we're talking about here is

7:04

this policy rationale is not dressed up as something else, right? Not even adjacent to it, right? So

7:09

the State Department's own Bureau of Education and Cultural Affairs will tell you this, if you read

7:15

their historical records. But the goal is to bring foreign students to American universities,

7:20

let them through osmosis or telepathy, absorb American values, American institutions,

7:28

American prosperity and send them home as ideological allies, as ambassadors,

7:34

but really as converts to America's specifically ranch flavored democracy.

7:41

Soterios Johnson And that monster truck version of the plan there from the late 80s is that

7:48

cultural context. But let's take us back to the 50s, where everybody talked like this. And they

7:52

were all, you know, making big plans for America, you believed in American institutions. That's,

7:59

that's that's how it was to me. I mean, it wasn't how Beaver Cleaver or whatever talked. I don't

8:04

know. Apparently everybody was from a Chicago suburb in the 90s. That's right. That's right,

8:08

Joshua. We all were. That's how it was. That's the way it was. All right. Let's see if we can

8:12

recover if we can find the thread again here. But let's sit with that for a second. Okay. At least

8:16

Fulbright says the quiet part out loud. And I mean, it's the quiet part these days, right? It sounds

8:21

very propaganda brainwashy. But also back in those days, they really may have believed and I know many

8:27

people did believe that they were sort of the I mean, obviously, America had been proven to be the

8:31

greatest country ever, of all time, hands down, no fire, no arguments, no debates, the goats,

8:37

because we won World War Two, right? That was our claim to fame. People thought that they were

8:42

going to then export American values and institutions and save the rest of the world that way. So, you

8:48

know, but at the same time, Fulbright's like, hey, we're not giving it away for free. We also want

8:52

something from you. We want your mind. We want to reshape it. We want you to go back and tell everybody

8:56

that America has the right answer when you go back home. Yeah. Which, look, I mean, compared to kind

9:01

of what comes later and what we're seeing today, that's almost refreshingly transactional, right?

9:06

I mean, the problem is what gets built on top of that foundation. We talk about building on the

9:11

shoulders of giants, but there is a scenario where it becomes topsy-turvy at the top, right? Because

9:16

Fulbright's program is the first brick in this wall, and every brick that comes after it sort of

9:23

assumes the same thing, right? It assumes that a foreign student is a resource to be managed

9:29

toward American strategic ends. This is the sort of the operating assumption baked into every piece

9:37

of legislation that follows these beliefs and ideas. And the students themselves are not part

9:43

of that conversation. Yeah, they're not even, I mean, they're not even adjacent to it, right? So,

9:47

fast forward 11 years, like we talked about in '65, Emmanuel Celler is in the House, right? Philip

9:53

Hart is in the Senate, and obviously, LBJ was in the White House. And so, they're passing this

9:58

Immigration and Nationality Act, right? So, most people know this law for what it did to family

10:05

based immigrations, for abolishing the national origins quota system. And that was the headline,

10:11

that was what was sort of in the newspaper at the time, but buried inside of that legislation,

10:16

earmarked in all the pork, is the architecture of the F-1 student visa system. And what that

10:22

architecture does is extraordinarily specific. It makes the university the gatekeeper, man. See

10:28

how we went moving to the '60s there? Okay. Yes, it does make them the police

10:33

of the institution. It makes the university the gatekeeper of your legal existence in the

10:38

United States, right? So, your visa is not tied to you as a person. And I think sometimes we forget

10:43

that, right? Like, we see it as being tied to a person who has to apply and, you know,

10:48

re-up at every year. But it's tied to your institutional sponsor. You're not a student

10:53

in the sense that an American student is a student, right? You're a sponsored dependent.

10:58

And that distinction matters only because if you fall out of favor with that institution,

11:04

right? If you drop below full time because you just need an extra break because you're working

11:09

two jobs to keep the rent paid in addition to going to school, if you switch programs,

11:14

right, to a different major, just decide you're going to change your major without getting it

11:18

approved. If you do anything that the sponsor, in this case, the institution, deems non-compliant,

11:25

your legal right to be in our country evaporates. Not a process, not a hearing.

11:30

It's gone in the blink of an eye. If you'd like to dig deeper into this subject, listeners,

11:34

and this may be the only time we ever sponsor or promote this book, Greenlights by Matthew McConaughey

11:40

actually has these experiences as an exchange student. Alright, alright, alright. That's right.

11:46

You know what that sounds like to me though, honestly, it sounds like, well, on the one hand,

11:49

it's kind of like a chaperone system or nanny system where they assign the university to like

11:54

make sure you're following the right procedures or else you're gone. But it also sounds like a

12:00

lease agreement where the landlord can change the terms at any time and your only option is to move

12:04

out. You don't like the terms. Yeah. It's like a shitty parent or a job where your employer holds

12:11

your work authorization, which, spoiler alert, is exactly what comes next because the H-1B visa,

12:18

which Congress then creates through the immigration act of 1990 and doesn't take full effect until

12:24

1992, is the next layer. It's the next brick of the architecture that we're building. So Ted Kennedy

12:30

and Bruce Morrison built you a pipeline that takes the foreign student who's just graduated

12:35

from the American university and converts them into a temporary worker who is again bound to an

12:42

employer sponsor. You can't change jobs without risking your status. You can't start a company

12:49

without risking your status. The Economic Policy Institute has documented extensively how this

12:56

actually suppresses wages, how employers use the threat of status revocation as a labor control

13:02

mechanism. I saw this quite a bit working in the technology industry where specifically Indian

13:08

American or Indian and Pakistani employees I would work with every day. When the actual topic of

13:16

salary came up, they were making sometimes 50% of what the going rate was in America because they

13:22

said, "Oh, well, they also sponsor our visa," which is something like $20,000. It is. It costs about

13:29

$20,000 for a company to sponsor a visa, but that's once. Once it costs $20,000 and then it's just

13:36

re-upped every year and there's no additional cost to the employer from what I understand.

13:41

They say, "Well, we're going to dock your pay by 50% for a one-time payment of $20,000 and we're

13:48

going to keep that updated for you." But I saw it happen consistently with my fellow employees

13:57

working in the trenches doing the same work, same tools, same life, same cost of living,

14:03

but they were making half of what we were. Wow. That is awful. Joshua, you said this took full

14:09

effect in 1992? Yes. Each one visa? Okay. So in that case, read my lips, not going to do it.

14:17

That's your 1990s voice because this is not a conspiracy theory.

14:22

Uh, read my lips. This is documented. This mechanism is not subtle. You tell someone if

14:27

they ask for a raise or try to leave for a competitor, they might lose the legal right to

14:30

be in the country and you've created a compliance structure that no American worker faces.

14:34

That is not opportunity, that's leverage. That's indentured servitude is what it is.

14:38

That is exactly what it is. It's leverage. And here's the part that makes sort of the part of me

14:44

genuinely angry. You're looking at a, a two stage trap, right? So stage one, the F1 visa

14:51

ties you to the university. Step two is the H1B ties you to your employer and in between those

14:59

stages, there is a very small mechanism called optional practical training, O P T, which the

15:07

department of Homeland security expanded in 2008 under Michael Chertoff. And this one,

15:14

dear listener, this one I need you to really hear. Tell him Joshua. Chertoff's DHS extends O P T for

15:21

STEM graduates from 12 months to 29 months. That sounds like a gift, more time to work,

15:29

more time to transition, but here's what it actually is. It's an interim rule, not passed

15:36

by Congress, not authorized by statute or law, an administrative rule that allows universities and

15:43

corporations to use foreign graduate labor at below market rates while those graduates sit

15:51

in a legal limbo waiting for green cards that might or might not come. And in 2024, a federal

15:58

judge named Amit Mehta would vacate that rule entirely, finding it was improperly used without

16:04

congressional authorization, potentially throwing hundreds of thousands of people's work authorization

16:10

into question overnight. Wait a second, how long? So a rule that affected hundreds of thousands of

16:15

people's ability to legally work in the U S was issued without Congress ever voting on it. What

16:20

is this 2025? Right. Or 26, without Congress ever voting on it. Michael Chertoff signed it as an

16:27

interim final rule. It actually went into the Federal Register on April 8th, 2008. We were

16:32

probably distracted by other things at the time. It affected the lives of hundreds of thousands of

16:37

people. There wasn't a floor vote. Nobody debated it. It was not a democratic authorization and it

16:42

held for 16 years until a district court judge said, actually, no. I don't know why I'm still

16:48

surprised by things like that. Wait, I'm not. I'm not. Right. Exactly. It's not a feature. It's a

16:54

bug, right? And the ambiguity is useful, right? If your legal status is always contingent on this

17:02

administrative rule that can be vacated or rewritten, you're really never secure.

17:09

And people who are never secure are people who don't make waves. They don't cause trouble. They

17:15

don't rabble-rous and they certainly don't show up to protest. Can I take us back to a different

17:20

decade for a second, Joshua? Because I keep coming back to 1979 and I think it's the moment

17:25

that clarifies what all of this infrastructure is actually for. Okay. November 1979, to be specific.

17:31

I don't have a seventies voice for you all, so you'll have to deal with my regular one. Yeah.

17:37

There you go. November 1979. Iranian students have taken American hostages in Tehran.

17:45

Jimmy Carter's in the White House. Cyrus Vance is at State and Carter issues presidential proclamation

17:51

4702. He orders a review of every Iranian student visa in the U.S. Not Iranian students who had done

17:58

anything. Not Iranian students with any connection to the hostage takers. Every Iranian student

18:04

because they were Iranian. And this is the reveal, right? Like everything we've been describing,

18:09

the institutional sponsorship, the visa dependency, the surveillance structure that comes later,

18:17

all of it really only makes sense when you understand that the foreign student was never

18:21

really a person under this system, right? They were always also a diplomatic chip.

18:28

Carter at the time needed leverage. And look, I look at Carter with reverence. I wish we had

18:34

a president that was more like Jimmy Carter, but that doesn't make him immune from mistakes.

18:40

And this is one of his mistakes because he needed leverage. He had 52 Americans in captivity and he

18:46

reached for the closest available lever, which was 14,000 Iranian students who were here studying

18:54

engineering and medicine and literature and had nothing to do with any of them. 14,000 people who

19:00

built lives here who were enrolled in academic programs, who had friends, apartments, routines.

19:06

And the president could say by proclamation that their status was now under review

19:10

because of where they were born. And the legal infrastructure to do it had been sitting there

19:14

since 1965, right? Carter didn't build anything new. He just used it in a way that was already

19:23

in place. And that's the thing about these systems, right? We don't design them to be weapons from the

19:30

start. We didn't design all of these levers currently in the existing presidency in a way

19:36

that they were meant to be exploited. You don't have to design them to be weapons from the start.

19:40

You just have to build them in a way that makes them easy to weaponize later, which is exactly

19:45

what we're seeing right now. That's really the TLDR of this portion of the episode of listeners.

19:52

You don't have to design them to be weapons from the start. You just have to be able to use them as

19:56

weapons later. Because Fulbright wasn't thinking about deportation orders when he was building

20:00

his exchange program in 1954, right? Johnson wasn't thinking about mass visa revocations when he

20:06

signed the Immigration Act in '65. But they built a system in which a foreign student's presence in

20:11

this country is always conditional, always contingent, always subject to the political needs

20:18

of whoever's in power. And once you build a system like that, you can't be surprised when someone uses

20:23

it. That's why we used to hear in the 90s all the time, "I don't think they should have that power,

20:30

because I don't want the next guy to have that power." Even if we know that this guy's not going

20:35

to use it, it's why this system has been ever so slowly creeping in the... We talk about the law

20:42

not going fast enough, and I'm guilty of it myself, but it doesn't go fast this way so that we can have

20:47

time to think about the possible ramifications and fix them before it becomes law.

20:52

Yeah. That's the backdrop. And then 2001 happens, right? John Ashgrost and George W. Bush need this

20:59

surveillance system we talked about before. They build Sevice, and then make the students pay for

21:04

it, right? $200 to have the government watch you, right? To basically pay some government agent

21:11

or government worker to watch you do whatever you do. And I just want to say out loud one more time,

21:16

because the audacity of this is genuinely shocking. You're paying for your own monitoring

21:21

infrastructure. Yeah. The Sevice fee is actually documented. It's in the Enhanced Border Security

21:27

and Visa Entry Reform Act of 2002. Now, I was 18. It's not a conspiracy, right? It's a line item.

21:34

We're not a conspiracy podcast. If that's what you were thinking that this was, sorry, you showed up

21:38

on the wrong one. Go to the other overlap. Foreign students basically pay this fee when they arrive.

21:45

They fund the database that tracks every enrollment change, every address update, every deviation

21:52

from their approved status. And if someone in a federal building just has an inkling that your

21:58

record should disappear, they can click a button and you are legally speaking disappeared. Right.

22:04

If that sounds like, oh, like probation. It's because it is essentially. But for people who've

22:08

done nothing wrong, we're going to show you exactly what that button looks like when someone presses

22:11

it in 2025. But I need people to understand before we get there, the button existed because

22:17

the decision was made in 1954, 1965, 1979, 2001, 2008. This is not new. This weapon was manufactured

22:27

over 70 years by people who told themselves they were building opportunity. Yeah, they were building

22:33

opportunity, right, for American universities, for American corporations, for American foreign policy.

22:39

The foreign student was the raw material. And in 2025, the raw material is being reminded exactly

22:46

of what it is. So let's talk about March, 2025, because that is when our current president pressed

22:54

the button and not metaphorically, not as a, as a policy shift announced in a press briefing with

22:59

talking points and a Q and a period, right. Students checked a government database and found

23:05

out that they don't exist anymore. That's the sentence. They logged into Sevus, the system that

23:11

they paid to build and their records said terminated. And I think we need to be precise here

23:16

about what terminated means in this context, because the word does a lot of work. It does not

23:20

mean your visa application was denied. It does not mean you received a letter with a process attached

23:25

to it. It means your legal basis for being in the U S was erased with no, often no stated cause and

23:31

often overnight. So you wake up the next morning and you're done, you're out. The American immigration

23:37

lawyers association was sending emergency alerts in March and April of 25 while Reuters was still

23:43

reporting on it. So the ACLU litigation tracker was filling up in real time and the stated

23:48

justifications when there were any, if they were lucky, had things like minor traffic infractions,

23:55

speeding, left turn without signaling, dismissed charges, charges that had been expunged. And in

24:01

some cases, the justification was that the student had attended a protest attended, did not participate

24:08

necessarily, was present at a protest on a university campus. Which brings us back around

24:14

to Ms. Osterk. And I want to say her name correctly and fully because the way these cases get processed

24:20

in the new cycle, the name's blur and that blurring is itself a mechanism of the system.

24:26

Mesa Osterk, Turkish doctoral student, Tufts University, detained in Somerville, Massachusetts

24:33

by plainclothes DHS agents in March 2025, excuse me, March 2025, and transferred to a detention

24:39

facility in Louisiana. Louisiana. She was at Tufts in Massachusetts and they flew her to Louisiana.

24:47

There is a geography to this that is not accidental. You move someone far enough from their institution,

24:55

from their legal support network, from their community, and the logistics of fighting back

25:01

become a significant portion of the fight itself. And we all know that news travels by

25:05

Piro in Louisiana. So, you know, I mean, the chances of getting back to your institution

25:10

are slim to none. We don't need you spreading any of these stereotypes.

25:16

To the stated basis for her detention. And it was a co-authored op-ed, right,

25:20

in the student newspapers. I mean, does it get more American than that,

25:23

writing a protest piece in the student newspaper? But like the definition for the first amendment?

25:28

Right. But Tufts' response, her article is about Tufts' response to the Gaza conflict. So she's not

25:34

even criticizing the US. She's criticizing her own institution, which remember, had been set up

25:39

to basically control her access to continue existence in the US. The next thing you know,

25:44

her F1 visa has been revoked without notice. And I keep her turning to this 1979 parallel here,

25:49

because Carter did not give the Iranian students notice either. This is like a review. It's being

25:54

ordered. It's done before they even find out about it, right? And then you're subject to

25:58

deportation without even knowing why. This is just a new target, but it's the same architecture being

26:04

utilized here. Yeah. Kristi Noem, you know, dog killer, Barbie, was still running this in 2025.

26:12

The Secretary of Homeland Security, who's now Mark Wayne Mullen, you have to say it really fast

26:17

because his first name is two names, but it's really just one name. Mark Wayne. Mark Wayne.

26:23

The DHS budget for immigration enforcement in 2025 last year was requested at $25.3 billion.

26:32

$25 billion. Part of what that money is doing is paying ICE agents to put doctoral students

26:41

in vans and drive them across state lines because of newspaper editorials.

26:47

And most of them probably can't even read. But then there's Mahmoud Khalil. And this one I need

26:52

people to sit with because this is not an F1 visa case. Mahmoud Khalil was a lawful permanent

26:58

resident. Here are those two modifiers there, lawful permanent. He had a green card. He was

27:04

a graduate student in Columbia, and the Trump administration arrested him in March 2025 and

27:09

invoked a provision of the Immigration and Nationality Act that allows deportation of

27:13

non-citizens deemed, deemed, again, that's a key word there, deemed adverse to U.S. foreign policy

27:19

interests. No criminal charges, no conviction, which means no appeal. It's just a foreign policy

27:26

certification. Signed by Mark Rubio. Secretary of State personally signed that certification.

27:32

And the provision they use, section 237A4C of the INA, is not a new law. It's been sitting

27:42

in the statute for years, and it's rarely, if ever, actually invoked for any reason.

27:47

Because the implications of evoking it are ginormous. They're saying that the executive

27:53

branch can deport a lawful permanent resident for political speech by certifying unilaterally

28:03

that their presence is contrary to foreign policy. Folks, it's not a huge step from lawful permanent

28:08

resident to citizen, just in case you're wondering. But regardless, this is not a legal standard.

28:14

It's like an oath, the pledge, and a pay for the driver's license.

28:18

It's a ceremony with some pictures taken of the judge and, you know,

28:22

your family dressed up next to the American flag. Yeah. But this whole idea of deportation under

28:28

this particular section of the INA is not a legal standard. Let's be clear about that. It is not a

28:34

legal standard. It's a preference. It's a feeling dressed up in statutory language. We deem you to

28:39

be a risk, right. We deem you to be contrary to American interests. And the courts are fighting

28:44

about it right now. As of April 2025, while Mahmoud Khalil sits in a detention facility in, wait for

28:50

it, Louisiana, same facility, different name, same state. There's apparently one facility in Louisiana

28:55

doing a lot of work this past two years. Dark thought, but yes. And then there's Yoon Seo Chung,

29:02

and this is one that I think people need to hear most clearly in terms of what the system is

29:06

actually capable of. We have a South Korean permanent resident again. Legal permanent resident.

29:16

Exactly. Columbia University student. She's lived in the United States since she was seven years old.

29:22

Seven. And the government moved to revoke her green card using the same foreign policy provision

29:27

used against Mahmoud Khalil because she attended campus protests. Attended campus protests.

29:34

The federal judge actually issued a temporary restraining order. She was not deported,

29:39

but they made the attempt. They tried. And the attempt is the point because you don't have to

29:44

succeed at deporting someone who's lived here since seven to send the message, right? The message is,

29:50

this can happen to you. The message is your presence is conditional. And that message is

29:56

worth more to this enforcement apparatus than any individual deportation out.

30:01

Right. And I want to say this to anybody listening now. If you're an international

30:04

student, you already know this. You've known it your whole time here. You've been read in by the

30:09

other students for the one before you. You check your service status the way other people check

30:13

their bank balance, right? You're always watching to see what's happened because you won't get any

30:16

advanced warning necessarily. You know which professors are safe to talk to about politics.

30:21

You know which protests you can attend and which ones you can't. Not because you don't

30:24

have opinions, but because your legal existence is a variable that can be adjusted by someone

30:28

you'll never meet. Think about that. Think about living that way. And where does that sound like

30:32

you are? Does it sound like you're in a free democracy? Or does it sound like the old horrors

30:36

of communism that we used to hear about all the time? I mean, this is not a free country. This

30:40

is a managed population we're talking about. If you are a domestic student listening to this

30:46

and you're thinking that, you know, this doesn't really affect me. It's not going to touch me. It

30:50

doesn't bother me. I want to walk you through the $40 billion because that's what universities

30:55

collected in tuition from international students in 2022. 40 billion. The NSF reported that same

31:02

year that foreign students earned 40%, 40% of all doctoral degrees in science, engineering,

31:11

technology, and math, the big STEM in the United States. 40%. Those are people building the

31:17

research infrastructure of American universities. Those are graduate students running labs that get

31:23

grants to fund the institutions that your tuition dollars also support. And when you revoke their

31:29

visas in bulk without notice, without cause, they're not the only ones harmed by it. You

31:35

destabilize entire research programs. They're part of the system. They're part of the machine of

31:40

research in America. And when you breach their contracts, implicit or explicit, the universities

31:46

made when they recruited them. I mean, these are all consequences of what happens here. You take

31:50

the $40 billion revenue model and you introduce a variable that no admissions office can manage.

31:55

Why would a family in India or China or Turkey pay full international tuition to send their child

32:00

to a country that might detain them for writing an op-ed, co-writing, sorry, co-writing an op-ed?

32:06

Yeah. This is the part that connects directly back to what we talked about at the beginning,

32:09

right? The system was always built on extraction. Come here, bring your talent, pay full freight,

32:15

no financial aid, take the OPT extension at below market wages, wait in the green card backlog for a

32:23

decade, fund your own surveillance through SEVIS. And that was the deal. And the deal worked from

32:29

the institution's perspective because the students kept coming because the alternative staying home

32:35

often was worse. And now the administration is breaking the deal, right? Not by offering

32:39

better terms, but by removing the pretense that there were terms at all. Todd Lyons,

32:44

I think director of ICE, publicly stated that students who did not self-deport after visa

32:49

revocation would be detained. So if they don't self-deport, meaning you check your service status

32:55

and you find out you're out, you have to go buy a plane ticket and get back home because you can't

32:59

stay here. That phrase, the self-deport has a history as well. But the point is that again,

33:04

Todd Lyons says it out loud. He announces the coercion.

33:07

The ICE detention budget for 2025 was $3.4 billion, $3.4 billion to detain people.

33:17

And some portion of that money is now being used to detain doctoral students and lawful

33:21

permanent residents who attended protests or just co-wrote newspaper articles. I want you to think

33:27

of what that money could do if it were directed at, I don't know, anything else, like anything at all,

33:34

if it could be directed toward helping in any reasonable way the rest of our country and the

33:40

things that we're actively hurting from. Yeah. What else could we do with that money? Well,

33:45

let's, I'll tell you who's not getting that money. And this is a comparison that doesn't get made

33:49

often enough. It's migrant workers in agricultural labor or construction or in physical work

33:54

industries, cleaning office buildings, doing all these sorts of hard physical jobs. The migrant

34:00

workers have been exploited for a century since they've been recognized by the system, right?

34:07

The conversation about those workers, the H2A visa holders, the undocumented laborers,

34:12

involves a lot of appropriate moral clarity about the power differential.

34:16

The employer holds the status, the worker cannot leave without losing everything.

34:20

Yeah. So we don't often hear H2A. You know, the news has been pretty

34:27

prevalently talking about the H1Bs. And look, I'll be honest, I have some issues with the way

34:33

that we currently handle H1B visas in our country. I don't think that we're properly utilizing our

34:39

workforce to the extent that we currently need H1B visa recipients, but that doesn't mean that they

34:46

don't deserve the same protections that we do, right? That American citizens do. So we don't apply

34:53

the same moral clarity to intellectual labor. The H1B visa worker at a tech company is in the same

35:00

structural position as the agricultural worker on an H2A because it's the same system. Their employer

35:07

is their sponsor, and they can't freely change jobs without risking their status or their legal

35:12

ability to be inside the US. And they can't really advocate for better pay without actually risking

35:18

their status. They're functionally bound to the employer the way a migrant farm worker is bound

35:24

to the farm. The work looks different, the suit costs more, the structural dependency is identical.

35:31

And those are the permanent employed workers. The F1 student is upstream of all that. The F1

35:38

immigrant student is the one, there's a raw material, right, before it enters the pipeline.

35:42

They're paying for the privilege of being processed into our system. In the Washington

35:46

Alliance of Technology workers case, the ruling in April 2024, where a federal court vacated the DHS

35:52

ruling expanding the OPT STEM extensions, that case was brought by American tech workers arguing

35:58

that OPT programs suppress their wages. So again, this is for different reasons, but they're attacking

36:03

the program as well, basically saying, "Hey, if you let them stay as indentured servants for

36:08

this many months longer, this many years longer, it's lowering our wages, right, because they're

36:14

competing with us for jobs." And they're right, but the foreign students were also being exploited.

36:19

Both things are true. The system is designed to extract from everyone while appearing to benefit

36:23

everyone. So Judge Amit Mehta vacated the rule, right? DHS issued a new rule to preserve the

36:31

existing program, which was deemed to be unconstitutional because the program is too

36:36

valuable to the industry, the entire industry of technology world, to let a court ruling stop it.

36:44

40% of STEM doctors, 40 billion in tuition, 25 billion in enforcement spending. That's not

36:51

a coincidence. Those are budget lines in a system that has been running continuously since 1954,

36:58

when Fulbright framed exchange students as Cold War assets.

37:04

-I mean, they learned everything. That's the answer to the question we asked at the top.

37:08

They didn't fail to learn the lesson, they mastered it. They built the system so thorough,

37:12

so well-documented, so bipartisan in its authorship that you can revoke the status of a woman who has

37:17

lived here since she was seven years old, point to a statute, a certification, or a database entry,

37:22

and say, "We followed the process." -Process is the point though, right? The process was always

37:27

the point. And Rumeyska Ozterk is in Louisiana because 70 years of process made it possible.

37:35

So let's talk about Rumeysa because we've been talking about systems and budget lines and

37:39

statutes and I think sometimes, well, I think most times that's necessary, right? You have to

37:44

understand the system and the architecture and the history before you can really understand what it

37:49

actually does to people. I want to talk about what it does do to people. Rumeysa Ozterk is

37:55

a Turkish doctoral student. She is studying at Tufts University, but as of March 2025,

38:01

she is walking in Somerville in the plane, close, surrounded, and detained. No warning, no prior

38:07

notice. She's not been charged with a crime. It's not a flight risk. She was a doctoral student

38:12

walking down a street in Massachusetts. -Let's take a second with that image. I mean,

38:19

plane close agents, she wouldn't have known she was under arrest until suddenly she's free. Like,

38:23

she's walking to class or walking wherever she's going free like anybody else entitled to be there.

38:29

The next thing you know, you're being deported. -So the stated basis for her detention,

38:33

the reason the government gave for revoking her visa, it was the op-ed, right? She was

38:38

writing a newspaper article in Gaza. That was the documented basis, a student newspaper opinion piece.

38:45

-She wrote some words in a student newspaper about a university's institutional response to

38:50

a geopolitical crisis. The government of the United States of America revoked her legal status

38:56

in Florida, Louisiana. -Of course, like we talked about previously, they transferred her to an

39:01

immigration facility in Louisiana, not in Massachusetts, not near her university,

39:04

not near her legal representation. She found out her visa had been revoked from a letter, not a

39:09

phone call, not from any official notification. The way students were finding their status had

39:13

been canceled in this period was by checking government databases. You log in, you look at

39:17

your record, it says terminated. That is how you learn that your life in this country has been

39:22

revoked. -I keep thinking about what that moment is like. You're a doctoral student, you've built

39:29

something here, you've got years of work at dissertation. I mean, you're building a research

39:33

plan, you're contributing to this great nation. You got a department that you work in, you have

39:37

colleagues that you see every day, a neighborhood that you walk through in the morning, and you open

39:42

up a database and it says terminated. That word terminated, applied to a life. -Here's the thing I

39:47

want to connect with this, because I think it's important. Rumeysa Ozturk is an intellectual

39:52

laborer. She's a doctoral student, a researcher, a writer. Her labor is cognitive, her product is

39:57

ideas, and her visa, her F1 status, and the legal instrument that bound her to the institution,

40:04

just like an H2A visa, binds a migrant farm worker to a specific agriculture employer, the farm

40:10

worker can't leave the farm without losing status. Ozturk could not leave the university

40:14

sponsorship without losing status. The work looks completely different, the legal dependency is

40:20

structurally identical. -And that's what it comes back to really, is that this is not about deporting

40:24

people, it's not about getting rid of people. The idea is to keep the other ones under control.

40:28

The people that are picked up and deported are just examples being made of people who speak out.

40:34

So if you talk in the wrong, if you show up at the wrong protest, or you write a paper or an op-ed

40:39

in the wrong newspaper or the wrong topic, they're coming for you. -Yes. So that same farm worker who

40:45

speaks up and organizes the one who protest conditions faces retaliation from the same

40:50

mechanism, the visa, the status, the threat of removal. We treat it as two separate systems

40:55

because one involves fields and one involves, you know, academia. But the control mechanism is the

41:01

same. You're here because we allow you to be here and we'll stop allowing you to be here if you cause

41:07

problems. Which leads us to Mahmoud Kamil. He was Palestinian, Algerian, graduate at Columbia,

41:14

lawful permanent resident, not an F1 visa, not a temporary status, green card holder,

41:20

which green means go, right? ICE agents arrested him following his visible role in a pro-Palestinian

41:26

campus protest at Columbia. -And we already talked about what it means that he had a green card,

41:29

right? It means the next closest thing to a citizen. Like Joshua said, there's only another

41:33

standing between him and citizenship. -And the Trump administration, of course, invoked a rarely

41:37

used provision of the immigration nationality act, which allows deportation of non-citizens deemed

41:42

adverse to the United States foreign policy interests. No criminal charges, no conviction,

41:46

no allegation of violence or fraud or any specific unlawful act. The basis was his political activity,

41:52

his presence at protest, his speech. A federal judge blocked his immediate deportation and then

41:56

a secretary of state Marco Rubio personally signed a certification. A formal state department

42:01

document stating that Mahmoud Kalil's presence in the United States was contrary to foreign policy

42:05

interests. -Say what you will about the Trump administration, but they do have some, a deep

42:09

bench when it comes to legal history, right? And they can dig through some statutes and some

42:13

case law and find some context. -God, can they? They just keep quoting 17th and 18th century stuff.

42:18

And I'm like, is our country even alive then? -It's a never ending found of that sort of stuff. Yeah.

42:25

-Yeah. So we talked as well about Yoon-Seo Chung and we, I'll go through it briefly. South Korean

42:34

student at Columbia University, came to the United States when she was seven. She lived here for the

42:38

majority of her life. She's a permanent resident green card holder. And the government sought to

42:43

revoke her green card to deport her. Same foreign policy provision used against Mahmoud Kalil.

42:48

The basis was her participation in campus protests, just seven. -Seven years old when she gets here.

42:53

This is not a place she chose as an adult with full understanding of why she was here or what

42:57

the consequences could be if she spoke up. This is a country she grew up in. This is home to her,

43:03

right? In every sense of the word can mean this is home to her. And she shows up at a campus protest.

43:07

And she was lucky, you know, a federal judge issued that restraining order blocking her deportation.

43:13

But the case established something that is genuinely important for people to hear.

43:18

It established that long-term permanent residents, people with deep roots, people who have spent

43:23

their entire adult lives here, who are culturally as American as anybody else, who arrived as children

43:30

are not protected. Their status can be targeted. Their green card can be challenged. Their home can

43:35

be taken because of political speech, because of what they said at a protest. -So we have three

43:39

people, three very similar stories. A doctoral student detained for an op-ed, a grad student

43:44

detained for protesting, and a woman who's lived here since childhood targeted for the same reason.

43:50

All three of them discover what so many migrant workers already know. What people pick crops and

43:55

clean hotels and work and meat processing plants have always known. Your status here is conditional.

44:00

That condition is compliance. And the moment you become visible, the moment you use your voice,

44:06

like we all tell every American they have the right to do, the system that invited you here

44:10

will remind you exactly how temporary its welcome has always been. -And like always,

44:14

these are not edge cases. These are the system working exactly as it was designed.

44:18

So let's just say it plainly. What we've been documenting for the last, I don't know, 45 minutes

44:23

or so is not a series of policy errors. It's not an overcorrection. It's not a bureaucratic confusion.

44:30

The evidence points in one very specific direction. The United States has built a system that imports

44:35

human capital, extracts all of the value from it, and then reserves the right to expel it the moment

44:42

that capital becomes inconvenient. That's true for the doctoral student writing an op-ed. It's true

44:47

for a graduate student at a protest. It's true for a woman who arrived at seven years old. And that

44:53

has been true for decades longer for the person picking strawberries and salinas, the person

44:57

cleaning rooms in Las Vegas, the person cleaning a processing line at a meatpack and plant in Iowa.

45:03

The mechanism is different. The visa category is different. The paperwork is different,

45:08

but the vulnerability of that between both is identical. -You have students tied to institutions,

45:16

workers tied to their employers. In every case, the mechanism is the same.

45:21

Your presence here is contingent on your usefulness and your silence and your cooperation.

45:25

So I guess the question is, what do you do with that, right? If you're listening to this and you're

45:29

angry, good, stay angry. I mean, touch grass a little bit, but it's okay to be angry about

45:34

this kind of stuff. So let's get specific about where to put that anger. Here's what I would do

45:39

first. I would go to the National Immigration Law Center at NILC.org. They're not a petition

45:45

organization. They're not a change.org sort of a thing. They are in court right now. They have been

45:51

litigating the legal challenges to executive orders that created the conditions we've been describing.

45:57

If you donate, your money is going to go directly to legal infrastructure that has been

46:01

actively blocking deportations. If you're not in a position to donate, they publish plain language,

46:06

Know Your Rights materials that you can share. Print out a couple of copies, give them to your

46:10

friends that you know are concerned about these sorts of things. Put them in a group chat, get them

46:15

in signal, send them to the international students at your local university, send them to the workers

46:20

at the restaurants where you eat lunch. That information is a form of protection. And the legal

46:24

path matters enormously here. And I want to add something specific to that. The ACLU's Immigrants

46:30

Rights Project, which is at ACLU.org/immigrants-rights is currently tracking litigation across

46:40

multiple federal districts. The Chung case, the Kaleel case, the cases we haven't even covered,

46:45

because there are many more of them. Those are being monitored and in some cases actively

46:49

supported by this project. So what litigation does, the direct pressure alone cannot always do,

46:54

is create precedent. But that's what the ACLU is in the courtroom. The court ruling says that you

46:59

cannot revoke a green card for protected speech. It does not just protect one person, it protects

47:03

the whole framework. It's slow. I know it's slow, but it's durable in a way that a single

47:10

news cycle is not. So the second thing I'd do is I'd get connected to something local. And I mean

47:14

that like genuinely local, right? Like not like a national organization with a local chapter that

47:19

sends you emails. I mean, find out who is doing sanctuary work in your city. Find out which labor

47:26

organizations are actively working with migrant workers in your region. For agricultural workers,

47:32

specifically the United Farm Workers Foundation runs the UFW Foundation Citizenship Project

47:37

at ufwfoundation.org. They do direct legal assistance. They do know your rights outreach

47:43

in the fields. There are people who have been living inside of this vulnerability for generations.

47:49

And they've built infrastructure for it. Connecting to that infrastructure, volunteering, showing up,

47:54

translating if you have that ability, driving people to appointments. That's just what's needed.

48:00

It's not glamorous work. It's not fun. Sometimes it's literally just being an uber when a person

48:06

can't really afford an uber. But that is the work. Now, for the intellectual labor side of this,

48:11

specifically for international students and researchers, I want to name the National

48:15

Postdoctoral Association at nationalpostdoc.org. They've been pushing for structural reforms to

48:21

OPT and H-1B dependency for years. That's a longer game, but here's the specific ask.

48:27

Contact your congressional representative, and I mean specifically go to house.gov/representatives/findyourrepresentative,

48:34

put in your zip code, find the name, and ask them specifically where they stand on OPT reform.

48:39

Whether they support legislation that decouples immigration status from single employer

48:44

sponsorship, because that's a concrete and nameable ask. It's not vague. It gives the staffers who

48:50

answer the phone something to actually log. Yeah. And this week, specifically this week,

48:55

go to the Immigrant Defense Project at immigrantdefenseproject.org. They have a

49:00

rapid response network. So if you live near a detention facility, if you live in a city with

49:05

a significant immigrant population, you can actually be trained to respond when someone is detained.

49:11

So that's something that you can do with your body and your time, not just your money.

49:14

And here again, we completely agree, without any daylight between us, every single person

49:19

we talked about today, Mahmood Khalil, Yun-Seo Chung, the unnamed H-2A worker, the OPT graduate

49:25

afraid to report wage theft. I mean they were invited here by the US government.

49:29

They were told their labor, their minds, their presence had value. They built lives inside that

49:34

invitation. And the moment they became inconvenient, the welcome was revealed to be a lease agreement

49:39

with conditions buried in the fine print. And the condition was always the same. Be useful,

49:44

shut up, and disappear when we tell you to. Again, we started this new segment at the end

49:51

where we talk a little bit about what sort of surprised us from the research, what sort of

49:55

surprised us from our findings. So what got me is the $200. After September 11th, the government

50:02

looked at a foreign student and said, "We need to build a surveillance system that tracks you."

50:08

And then they made the students pay for it. $200. I mean, it doesn't seem like a lot in the grander

50:12

scheme of things, but this is to basically pay for the infrastructure of their own monitoring.

50:17

It's like with no crime, forcing someone to wear an ankle monitor and force them to pay for the

50:22

ankle monitoring service, right? That's not bureaucratic oversight. That's a hostage paying

50:28

for the lock on the door and nobody blinked. It passed. It became policy. It became normal.

50:33

That is the specific thing that followed me, I think from all of the research we did for this

50:37

week's episode. I think the thing that stuck with me was the Fulbright Framing back in 1954. The

50:43

rationale for bringing people here, win ideological allies, recruit talent, and it was never dressed

50:47

up as a generous, as a gift to humanity. It was always about benefiting the US government.

50:54

Basically, like I said, they said the quiet parts out loud. And then 70 years later, we collectively

50:59

acted surprised when the system treats people like instruments, right? The surprise is the part I

51:03

don't understand. The blueprint was always public. I mean, these people were essentially wards.

51:07

It's not a free people who are here to contribute to the system. They were here to be extracted,

51:16

to have their information and knowledge, their work were extracted from them and then told that,

51:21

"Hey, you're going to stick around. You better mind your Ps and Qs."

51:25

Yeah. So look, we told you the three things that you could do right now. A couple of other things,

51:30

if you want first, you can go to the Student Barrier Protection Center. That's been documenting the

51:34

financial exploitation of international students specifically, the way tuition dependency and visa

51:39

dependency kind of compound in each other. That's at studentbarrierproject.org. They have a reporting

51:46

portal. So if you know an international student who's been financially exploited by their

51:49

extitute, that story needs to be in a database somewhere. So please do put it there.

51:53

Second, Detention Watch Network at detentionwatchnetwork.org is specifically focused

51:58

on conditions inside immigration detention facilities. And given that Ramesa Azturk was

52:03

transferred from Massachusetts to Louisiana, given that Mahmood Khalil has been sitting in a detention

52:08

facility in Louisiana for weeks, the geographic isolation of the detention is part of the

52:13

punishment. The detention watch has a map of facilities in a community visitation program.

52:18

So showing up in person at a detention facility as a community member changes the calculus for

52:22

what gets done to people inside. Again, it's documented, it's real.

52:27

Third, you can go to the Economic Policy Institute at EPI.org. It has a wage tracker specifically for

52:32

H-1B employees, sorry, employers. So you can look up the companies. You can see what they're paying

52:36

versus the prevailing wage. And if you work in tech, if you work adjacent to tech, if you know

52:42

someone who is navigating an H-1B situation, that tool exists and most people don't know it's there.

52:47

So use it, share it, name the companies that are suppressing wages under the program's legal cover.

52:52

And here's what I keep winding on. The students in these cases did not come here

52:55

knowing the risks. Most of them came before these risks were even visible. They came because they

53:00

believed the invitation was real. And I think that that belief is worth protecting. Not because it

53:05

was always honored, but because the alternative, a world in which nobody believes the invitation

53:08

anymore, is just a much darker place to live. I mean, this could be a program that benefits

53:14

everybody. We can still make that true. We can still bring about that reality. And that part

53:18

is actually going to be up to us. And you can find everything we've talked about across these

53:22

episodes now at fof.foundation. We're on Castapod, Apple Podcasts, Spotify. Leave a review if you

53:29

have something to say and five stars to offer. We read them. Yes, we do. Also, I want to make sure

53:35

that you tell one friend about this podcast and make sure to rate us wherever you're listening to

53:39

this. Five stars or seriously GTFO? No, just kidding. If you do have some feedback on how we

53:44

might be able to improve this, if you have a topic that you think would be interesting that you'd like

53:48

us to cover, we'd be happy to give that a look over. You can email us at the overlap@fof.foundation.

53:56

That's the overlap one word at fof.foundation. So I guess with that, I want to say something to

54:03

everyone who listened to this whole thing. You sat with it, that matters. This country is built

54:08

on a pipeline that starts with a recruitment brochure and ends with a detention facility

54:12

in Louisiana. And it's been running continuously since most of us were even born. And the least we

54:19

can do is sort of look at it directly. Well, Will, thanks again for being here with me today.

54:25

Will G (Guest): Thank you for having me, Joshua.

54:26

Josh Birk (Guest): Just, I didn't have you. You signed in just like I did.

54:30

Will G (Guest): It's your studio, Joshua. It's your studio.

54:32

Josh Birk (Guest): It is technically my studio. It's only because I pay for the subscription.

54:36

Anyway, thanks so much listeners and we will see you next week.

54:39

Will G (Guest): Thanks, everyone. Have a good week. Bye-bye now.

54:42

Josh Birk (Guest): That's the overlap.

54:48

[Music]