Judge grants Mines student injunction against DHS
SIOUX FALLS, S.D. (KELO) – A district judge granted a preliminary injunction for a graduate School of Mines student's immigration records and visa after the Department of Homeland Security (DHS) attempted to terminate her status before graduation.
On May 13, the western district court of South Dakota held an evidentiary hearing on the motion for a preliminary injunction. The court granted the motion on May 15, according to court documents.
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Court documents said Priya Saxena can stay in the U.S. under her current F-1 student visa, which is set to expire in 2027, and DHS cannot take immigration enforcement action to terminate her SEVIS records or revoke her student visa retroactive to April 4. Further, DHS cannot transfer Saxena out of the jurisdiction of the District of South Dakota. If DHS found a lawful reason to terminate Saxena's immigration records or visa, then DHS must provide notice to her and the court 15 days prior to termination.
Originally from India, Saxena lawfully obtained a student visa in January 2020 to enroll at the South Dakota School of Mines and Technology, court documents said, and she graduated with a doctoral degree in Chemical and Biological Engineering on May 10, 2025.
But the path to her degree wasn't easy after a possible deportation in April.
On April 4, 2025, DHS terminated Saxena's SEVIS record and revoked her student visa, due to a 'criminal records check,' according to court documents.
In 2021, Saxena faced a DUI charge, according to court documents, but a court dismissed the charge after Saxena plead guilty and paid a fine. Court documents said her visa was renewed in 2022 after a hearing.
According to court documents, DHS failed to inform Saxena about the update to her immigration status, as her designated school official (DSO) informed her on April 7.
On April 16, the School of Mines told Saxena that she couldn't graduate in May without lawful immigration status.
More importantly, the record and visa termination threatened Saxena's ability to apply for optional practical training (OPT), a resource that would further her academic opportunities and future career, court documents said.
The next day, Saxena filed a lawsuit against DHS Secretary Kristi Noem and Todd Lyons, acting director of U.S. Immigration and Customs Enforcement (ICE). Court documents said Saxena's lawsuit raised two claims:
Unlawful termination of her SEVIS record, violating the Administration Procedure Act (APA);
Violation of her rights to due process, violating the Fifth Amendment of the U.S. Constitution.
Additionally, Saxena moved for a temporary restraining order (TRO), as well as a preliminary and permanent injunction.
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On April 18, the court granted a TRO, requiring Noem and Lyons to reinstate Saxena's immigration records and status retroactive to April 4, and take no further action to terminate such. The TRO expires on May 16, according to court documents.
Afterwards, Saxena's immigration records and visa were reinstated, and she was able to complete her program and graduate on May 10.
On May 15, the court granted Saxena' preliminary injunction.
A preliminary injunction is a court order requiring the preservation of the status quo until the courts decides on the final merits of the case, court documents said.
The court must consider the following factors to grant a preliminary injunction, as defined by court documents:
The threat of irreparable harm on the plaintiff
The state of balance between this harm and the injury that granting an injunction will inflict on defendants
The probability that the plaintiff will succeed on the merits
Public interest
According to court documents, the court granted a preliminary injunction on the following merits:
Threat of irreparable harm: the court agreed with Saxena's claims of harm, if her status were terminated again, on the basis of loss in academic progress, such as the previous threat to a timely graduation and potential inability to apply for OPT to further her career.
Balance of hardships and public interest: The court found that the defendants showed no evidence that they'd receive harm if a preliminary injunction were to be placed, while Saxena proved there would be harm to her if it weren't in place. Further, the court found that the defendants' enforcement of immigration law was unlawful and likely to cause Saxena irreparable harm, which gives Saxena more favor of public interest.
Likelihood of success on the merits: the court found four reasons for this merit: mootness, finality of agency actions, the court's jurisdiction, and the APA claim. First, although Saxena's SEVIS record was reinstated, her claims are not moot because the defendants failed to show that re-termination of her record is not reasonably expected to reoccur. Second, the court agreed that the termination of a F-1 student visa as a final agency action. Third, the court can rule on the matter of Saxena's immigration record and visa because she's not challenging a decision to go forward with removal proceedings. And finally, the court agreed that Saxena can succeed on her APA claim because she hasn't committed violations for lawful termination of her visa.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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