Court grants NM Tech student temporary restraining order against Homeland Security
Homeland Security Secretary Kristi Noem is named as a defendant in a complaint filed in federal court by a New Mexico Tech student challenging her agency's decision to terminate his student status. Alex Brandon-Pool/Getty Images)
The U.S. District Court for the District of New Mexico on Friday granted a Ghanaian doctoral student at New Mexico Tech a temporary restraining order so his legal team can continue challenging the termination of his F-1 student status by Homeland Security, ACLU of New Mexico announced.
ACLU-NM, which is representing the student — known as K.O.D. in court records —along with Huffman, Wallace & Monagle LLC, on Wednesday filed a motion for a temporary restraining order and a complaint for declaratory and injunctive relief in the U.S. District Court for the District of New Mexico.
As Source reported earlier this week, according to court records, the U.S. Department of Homeland Security on April 9 abruptly terminated the student's status in the Student and Exchange Visitor (SEVIS) system, placing K.O.D. in danger of immigration detention and deportation, his attorneys wrote.
'Losing my F-1 status puts my education, research, and career trajectory at risk, and I fear being forced to leave the country before I can complete my Ph.D. program,' the student wrote in a sworn statement included in court records. 'This sudden disruption has made me feel vulnerable and anxious, not only about my immediate situation but also about the stability and direction of my life in the years to come.'
In a statement Friday, attorney Shayne Huffman said the court's ruling 'reaffirms that every person within our borders, regardless of where they were born, deserves to be protected from arbitrary actions by the U.S. government. The court has recognized that K.O.D., like other international students, cannot simply have his status terminated without notice or explanation. K.O.D. can now continue his doctoral research without the immediate threat of detention or deportation hanging over his head.'
According to an ACLU-NM news release, New Mexico universities have approximately 2,000 international students. K.O.D.'s lawsuit against Secretary of Homeland Security Kristi Noem and ICE Acting Director Todd Lyons will continue, the release notes, and seek permanent relief.
'Today's ruling sends a clear message that the government cannot arbitrarily target international students,' ACLU of New Mexico senior staff attorney Rebecca Sheff said in a statement. 'This is an important first step toward justice for K.O.D. and potentially hundreds of other international students facing similar situations
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