Lawsuits aim to reinstate the lawful status of numerous international students, allegedly singled out by immigration officials.
Thousands of overseas students across the nation have found themselves in hot water due to a pair of legal battles accusing the current administration of illegally stripping them of their status, all part of a broader immigration crackdown. According to CNN estimates, more than 1,000 students and graduates have had their visas or statuses revoked, jeopardizing their plans to continue their studies in the United States.
The cases span from high-profile allegations of supporting terrorist groups to petty offenses such as years-old misdemeanors. While some students have brought individual suits, two federal lawsuits in Georgia and New Hampshire aim to represent a large number of students together - over a hundred in each.
Attorney Charles Kuck, representing one of the cases and a former president of the American Immigration Lawyers Association, explained that consolidating the cases together made it possible for plaintiffs to afford legal representation and allow for effective litigation. The American Civil Liberties Union (ACLU) has expressed support for the cases as well.
Both lawsuits focus on the plaintiffs' legal status as foreign students, which they argue is distinct from the visa permitting entry into the United States. They contend that the government unlawfully stripped students of their status, leaving them vulnerable to detention or deportation without proper due process. Kuck stated that he is aware of at least ten other lawsuits filed by international students making similar arguments.
In response, a Department of Homeland Security (DHS) spokesperson criticized the ACLU, suggesting they change their name due to their alleged focus on protecting foreign students instead of the civil liberties and safety of Americans.
"It's a privilege to be granted a visa to live and study in the U.S.," said DHS Assistant Secretary Tricia McLaughlin. "When you break our laws and advocate for violence and terrorism, that privilege should be revoked, and you should not be in this country."
The Difference Between a Student's Legal Status and Their Visa
At the heart of both lawsuits is the distinction between a foreign student's visa and their legal status as a student. International students studying in the U.S. can hold several types of visas, with both lawsuits centered on F-1 visas, the most common type. The visa allows foreign students to enter the U.S., but they must maintain their legal status by pursuing their course of study and adhering to other rules, such as avoiding unauthorized employment.
DHS can initiate the termination of a student's status for various reasons, including withdrawing a special waiver, introducing a private bill to make them a permanent resident, or following a notification citing national security or public safety concerns. However, an expired exchange visitor visa or F-1 visa does not necessarily mean the person is immediately considered to be in the U.S. illegally. ICE's website notes that someone can remain in the country if they maintain their status.[5]
Neither lawsuit challenges the students' visa revocations but argues that the Trump administration unlawfully terminated the students' legal status, thereby interfering with their ability to work and study in the United States and jeopardizing their plans to complete their programs.
Judge Orders Government to Restore Students' Status...
The first lawsuit, initially filed in Georgia in April, included 17 foreign students attending colleges and universities across various states. The case has since grown, with 133 students included among the plaintiffs - all identified with pseudonyms out of fear of retaliation from the defendants.
The defendants include US Attorney General Pam Bondi, Secretary of Homeland Security Kristi Noem, and Acting US Immigration and Customs Enforcement Director Todd Lyons. CNN has reached out to the White House, Immigration and Customs Enforcement, and the Justice Department for comment.
On Friday, a federal judge issued a temporary restraining order directing the government to reinstate the students' student status by Tuesday while the case proceeds. The complaint alleges that the government removed the students from the Student and Exchange Visitor System (SEVIS – an online database used by schools to report legally required information about international students), thus terminating their legal status. The students' SEVIS records were marked with suspicious labels like "Individual identified in criminal records check and/or has had their VISA revoked" or "failing to maintain status."[2]
Although some plaintiffs faced criminal charges, none had a criminal conviction, and none had violated the regulation restricting them from being convicted of a violent crime carrying a sentence longer than one year. For example, Jane Doe 1, a college student in Georgia, believes she is being targeted for a dismissed domestic violence case due to lack of evidence, while John Doe 2, also a Georgia student, believes he's being targeted for traffic citations, which were ultimately dropped.[2]
According to the lawsuit, the revocation of a visa is not sufficient grounds for terminating a student's status. "A nonimmigrant visa controls a noncitizen's admission into the United States, not their continued stay."[2] "Rather," the lawsuit states, "DHS's act of unlawfully terminating SEVIS records appears to be designed to coerce students, including each Plaintiff, into abandoning their studies and 'self-deporting' despite not violating their status."
Attorneys for the plaintiffs celebrated the Friday ruling, with another hearing scheduled for Thursday. "We believe this ruling shows the students are likely to prevail on their claims and we are pleased the court ordered the government to halt its unlawful actions while the lawsuit continues," said Akiva Freidlin, a senior staff attorney at the American Civil Liberties Union of Georgia.[2]
...while Another Case Gets Underway
The second lawsuit, filed in New Hampshire, contains similar arguments. At present, it represents five international students, with three from India attending Rivier University in New Hampshire, and two Chinese students attending Worcester Polytechnic Institute in Massachusetts. The suit aims to represent a larger class by certifying the case as a class action, possibly encompassing hundreds of students in similar situations. The lawsuit cites at least 112 students with F-1 status terminated in New Hampshire, Maine, Massachusetts, Rhode Island, and Puerto Rico.[3][4]
Once again, Sec. Noem, acting ICE Director Lyons, DHS, and ICE are named among the defendants. The plaintiffs allege they were stripped of their student status unlawfully, like in the Georgia case. One of the plaintiffs claims to have received an email this month from his school notifying him his SEVIS record indicated he had failed to maintain status. The email read: "Individual identified in criminal records check and/or has had their VISA revoked" and "SEVIS record has been terminated."[3]
- The distinctions between foreign students' visas and their legal status as students are being disputed in two federal lawsuits in Georgia and New Hampshire, with over a hundred students each represented.
- Attorney Charles Kuck, representing one of the cases and a former president of the American Immigration Lawyers Association, argues that consolidating the cases together makes it possible for plaintiffs to afford legal representation and allows for effective litigation.
- One of the lawsuits contends that the government unlawfully stripped students of their legal status, leaving them vulnerable to detention or deportation without proper due process. Kuck is aware of at least ten other lawsuits filed by international students making similar arguments.
- The Trump administration's response to the lawsuits criticized the American Civil Liberties Union (ACLU) and suggested that they may need to change their name due to their alleged focus on protecting foreign students instead of the civil liberties and safety of Americans.
