US court protects Indian PhD graduate Priya Saxena from deportation
A federal court has issued a preliminary injunction protecting Priya Saxena, a 28-year-old Indian student and recent PhD graduate, from deportation after the Department of Homeland Security (DHS) attempted to revoke her valid F-1 student visa.Saxena, who recently received a doctorate in chemical and biological engineering from the South Dakota School of Mines & Technology, faced unexpected visa revocation by the Trump administration in April.advertisementDHS cited a 'criminal record' as the reason for cancellation, a claim her attorney strongly rejected. The only incident on her record was a minor 2021 traffic violation — failure to yield to an emergency vehicle, for which she paid a nominal fine.
Despite the charge having no bearing under immigration law as a deportable offense, DHS moved to revoke her SEVIS status without prior notice or the opportunity for her to respond.Her attorney, Jim Leach, said Saxena had fully disclosed the infraction during her original visa application, and her F-1 visa, valid until 2027, had been issued after a thorough review. A suspected DUI from the same year was dismissed following a negative blood test."The government reissued her visa and then comes back three and a half years later and says, 'Oh, wait a minute. Get out of the country now,'" Leach told NBC News. "It just makes no sense."advertisementSaxena challenged the government's actions in court, arguing that DHS had violated the Administrative Procedure Act and her Fifth Amendment right to due process.Initially granted a temporary restraining order that allowed her to complete her studies and attend graduation, the court extended that protection Thursday with a preliminary injunction. This allows her to remain in the US and apply for Optional Practical Training (OPT), a program that permits international graduates to work in their field.Saxena, who holds both a PhD and a master's degree in chemical engineering from the same institution, recently received her doctorate in a graduation ceremony that drew attention for reasons beyond academics.While she was cheered by fellow students and faculty, South Dakota Governor Kristi Noem, who received an honorary degree during the same event, faced vocal protests.Noem, who previously served as Secretary of Homeland Security under the Trump administration and has returned to the role under his revived leadership, is leading one of the nation's most aggressive deportation campaigns.One protester outside the graduation ceremony held a sign that read: 'A doctorate in graft I could understand,' while chants of 'No honor for Noem' rang through the streets.
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