Judge issues temporary restraining order allowing Marshall student to stay in US
Marshall University, located in Huntington, W.Va. (Lexi Browning | West Virginia Watch)
A judge has issued a temporary restraining order allowing a Marshall University graduate student to stay in the country after the Trump administration said it was canceling his student visa.
The American Civil Liberties Union of West Virginia filed the lawsuit against administration officials on behalf of S.V., who is a citizen of India. S.V. was weeks away from graduating with a data science degree when he got word that the Trump administration was revoking his student visa. He later learned that he was 'identified in a criminal records check,' an ACLU news release said.
More than 1,000 international students at 160 colleges and universities across the country have had their visas revoked or their legal status terminated since March, according to a report by the Associated Press. That includes students at colleges and universities in West Virginia.
S.V. was sentenced to probation in 2020 in Indiana for operating a vehicle under the influence, a misdemeanor, according to the ACLU. He left the United States and returned in 2023 to study at Marshall. The ACLU argues that having been identified in a criminal record check is not legal ground for terminating a visa.
In the order Tuesday, U.S. District Judge Robert Chambers ordered the Trump administration to restore S.V.'s F-1 student visa status and prohibit officials from arresting, detaining or transferring him out of the court's jurisdiction.
'ACLU-WV won't stop fighting until his status is permanently restored,' the organization said in a statement.
The judge has set a hearing in the case for 10 a.m. May 7 at the federal court house in Huntington.
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