The Trump administration is stepping back from a significant multi-state legal battle concerning sweeping actions taken by U.S. Immigration and Customs Enforcement (ICE). These actions had the potential to terminate the immigration status of thousands of international students studying in the United States. This unexpected shift was announced during court proceedings nationwide on Friday and comes in response to numerous legal challenges filed by students claiming their immigration status was being canceled without any explanation.
Attorneys from the Department of Justice informed the court that immigration officials are actively working to develop a new system for reviewing and managing records for international students in the Student and Exchange Visitor Information System (SEVIS). This system is crucial as it is directly linked to the immigration status of these students. A statement read in court and shared with the students' attorneys indicated that "ICE is developing a policy that will provide a framework for SEVIS record terminations." Importantly, officials clarified that they would not base cancellations solely on searches from the National Crime Information Center.
In light of these developments, it was announced that ICE would halt the issuance of new revocations based on those searches until the new process is finalized. By Friday evening, preliminary data from CNN indicated that over 150 SEVIS accounts had been reinstated across 35 different educational institutions.
Attorneys representing students involved in legal actions in states such as New Hampshire, Georgia, and Pennsylvania reported to CNN that their clients were receiving notices of reinstatement from their respective schools. During a court hearing, a Justice Department attorney stated that ICE was in the process of reinstating records for all students who had faced termination, not just those who had initiated lawsuits.
Despite this positive news, attorneys warned that ICE would still retain the authority to terminate student records under other circumstances. The DOJ reiterated that "ICE still maintains the authority to terminate a SEVIS record for other reasons," which includes situations where a student fails to maintain their nonimmigrant status or engages in unlawful activities that could lead to removal from the United States under the Immigration and Nationality Act.
Throughout the United States, international students have initiated lawsuits against the administration due to ICE's attempts to cancel their immigration records in the SEVIS database. This database, managed by the Department of Homeland Security, is essential for tracking the immigration status of international students and providing universities with the necessary information about their enrollment. Many students expressed concern that the revocation of their SEVIS statuses coincided with visa cancellations, placing them at significant risk of deportation.
The Trump administration's actions began in March, targeting students who participated in protests related to the Israel-Hamas conflict on college campuses. This aggressive enforcement led to widespread panic and fear among international student communities, resulting in some detentions and at least two cases of self-deportation. Legal documents reveal that ICE justified its record terminations based on alleged "criminal history," even for students who were arrested but never charged or had their charges dismissed.
Although the restoration of student statuses may alleviate some concerns for thousands of international students, it does not address the situation for others whose visas have been revoked. For example, Rumeysa Ozturk, a Tufts University student, and Mahmoud Khalil, a Columbia University graduate, have faced serious repercussions due to their arrests, which were linked to allegations of supporting Hamas.
In recent weeks, ICE appeared to have revoked SEVIS statuses for various minor legal infractions, including driving offenses, without providing proper notice to students. Cases like that of Xiaotian Liu, a Dartmouth University graduate researcher, highlight the troubling nature of these actions. Liu's immigration status was altered without any prior warning, despite his clean record.
As the legal fight continues, it is evident that the wave of lawsuits has significantly influenced the government's decision to reactivate the SEVIS records of some students. Gilles Bissonnette, Legal Director of the ACLU of New Hampshire, emphasized the need for clarity regarding the criteria for reactivations and whether this process would extend to students who did not file lawsuits.
While most students who had their visa statuses revoked have not faced detention or deportation, the revocation has severely hindered their ability to continue coursework and maintain employment tied to their student visas. According to the American Immigration Lawyers Association (AILA), approximately 4,700 students experienced abrupt changes to their records due to the administration's actions.
In a statement, Gregory Chen, AILA’s Senior Director of Government Relations, acknowledged that while ICE’s retraction of its actions offers some relief, long-term consequences continue to impact these students and their families, as well as American educational institutions and businesses.
Although the administration claims that reinstating student records should ease the ongoing court battles over SEVIS terminations, legal scrutiny remains. Senior District Judge Jeffrey White has requested further information regarding the administration's recent statement and has expressed skepticism about whether all issues have been adequately addressed. As the situation evolves, the legal community and affected students are closely monitoring developments to ensure that their rights and statuses are protected.
