Education associations file amended lawsuits as international students continue to face ‘unlawful' SEVIS termination
The 'unlawful' practices of terminating SEVIS records of international students based on visa revocations and alleged criminal histories continue, even as many records have been reactivated following lawsuits and favourable injunctions by district courts.
In this backdrop, the Presidents' Alliance on Higher Education and Immigration, a coalition of over 570 campus leaders, together with the Association of Independent Colleges and Universities in Massachusetts (AICUM), has filed an amended lawsuit-complaint in the district court. It updates the original lawsuit-complaint submitted on April 24. These associations are challenging the unlawful mass termination of SEVIS records for F-1 students and participants in the Optional Practical Training (OPT) program.
The lawsuit-complaint states that the US Department of State (DOS) has also misled affected students, and continues to do so, by sending emails falsely claiming they must leave the US immediately, even though visa status governs entry, and is inapplicable to whether an already-admitted student may remain in the country. DHS has since formalised a policy allowing SEVIS record terminations based on visa revocations, continuing this unlawful practice, it adds.
Through this amended complaint, the associations are primarily asking the court to do three things:
Hold unlawful and set aside the policy under which the mass visa revocations were carried out, and enjoin the government from using this practice again;
Order the government to stop sending false and coercive emails to international students; and
Hold unlawful and set aside the policy that purports to permit the termination of SEVIS records based solely on visa revocation.
Miriam Feldblum, President and CEO of the Presidents' Alliance, stated, 'We are asking the court to prevent the government from engaging in similar actions in the future and to hold the agencies accountable for these unprecedented and damaging practices. The actions of the government have created chaos and fear. Even students whose SEVIS records have been reinstated continue to face uncertainty, unanswered questions about their education and career prospects, and ongoing vulnerability under the new policy.
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' Colleges and universities have faced academic disruption, administrative burdens, and reputational harm, all of which compromise their ability to support international students. This instability jeopardises global talent recruitment, threatens academic freedom, and places undue strain on campus systems. Through this amended complaint, higher education is standing together to defend the rights and contributions of international students and scholars, whose presence, innovation, and ideas strengthen our communities and grow our economy,' she added.
Rob McCarron, President and CEO of AICUM, stated: 'Our overarching goal for this litigation is to ensure due process, and that any changes to the SEVIS program be done in full compliance with statutory and regulatory procedures. More than 80,000 international students travel to Massachusetts to pursue a higher education, adding vibrancy and innovation to our campuses and often founding startups in Massachusetts.
Providing due process, proper notice, stability and clarity – to students and the institutions that serve them – is critical so that everyone fully understands what needs to be done to enroll in a college or university in Massachusetts.'
A joint release points out the significant role played by international students. In the 2023-2024 academic year alone, international students contributed approximately $44 billion to the US economy and supported more than 3,78,000 jobs.
Yet policies like the one challenged in this lawsuit threaten to undermine our ability to attract and retain top global talent, harming not only individual students and campuses but also long-term economic strength, innovation capacity, and national security. Through this legal action, the higher education community reaffirms its commitment to international students and scholars.
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