Federal court halts Homeland Security's attempt to remove two Montana graduate students
A federal judge has granted an emergency restraining order which will prevent U.S. Secretary of Homeland Security Kristi Noem and the U.S. Immigration and Customs Enforcement from deporting two Montana State University graduate students who were notified that their status as foreign students was being revoked.
Montana University System officials reported last week that at least four students in the state had their F-1 visas revoked and their F-1 status terminated. Each of the students say that the federal government was revoking their status, even though the students had not been notified, had not been convicted of a crime, and had not received notice of the change. Two of the students, both graduate-level students in Bozeman have challenged the decision in federal court and are being represented by the American Civil Liberties Union of Montana.
In an emergency motion filed Monday, the ACLU claims that the students learned of the status change as the university system was handling routine status checks. The federal government, through Noem, didn't just eliminate their F-1 visa, which allow a student to enter the country; the department cancelled their entire F-1 status, meaning that the students could deported at any time.
One student in the Montana lawsuit is a doctoral student in electrical engineering, the other is a master's level student in microbiology. Both are reportedly set to graduate from their programs during 2025.
In an emergency ruling on Tuesday, U.S. District Court Judge Dana L. Christensen found that the case was similar to one in New Hampshire in which the court also found that the federal government had not followed its own procedures for revoking the status, and violated a number of due-process protections, which allows a student to challenge the decision before an independent court.
Attorneys for the federal government have not made their appearance to defend the Trump administration's decision, but Christensen noted in his ruling on Tuesday afternoon that attorneys for the ACLU had been trying to get a response from the U.S. District Attorney's Office in Montana.
'As of the date of this order, defendants have not responded to plaintiffs' motion,' Christensen noted in his order.
The temporary restraining order says that officials must restore the students' status and must not initiate deportation proceedings for two weeks. It also stops Homeland Security from ordering their 'arrest, detention or transfer' from Montana without proper notice and a chance for attorneys to contest the action.
Christensen set a court hearing for the matter on April 29 in Missoula, and ordered the federal government to respond by then.
'The court finds that the plaintiffs are likely succeed on the allegation that (Homeland Security's) termination of (their) F-1 student status … is arbitrary and capricious, an abuse of discretion, contrary to constitutional right, contrary to law, and in excess of statutory jurisdiction,' Christensen said.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Buzz Feed
25 minutes ago
- Buzz Feed
Noem Announces Trump's Plan To Paint Border Wall Black
Secretary of Homeland Security Kristi Noem recently announced the Trump administration's latest genius plan: painting the entire southern border wall black to deter immigration. At a Tuesday press conference in Santa Teresa, New Mexico, she praised the wall, saying "It's tall, which makes it very, very difficult to climb, almost impossible. It also goes deep into the ground, which would make it very difficult, if not impossible, to dig under. And today we are also going to be painting it black." Unsurprisingly, Kristi credited Donald Trump for the bright idea. "That is specifically at the request of the president, who understands that in the hot temperatures down here, when something is painted black, it gets even warmer, and it will make it even harder for people to climb." According to USA Today, she was asked if critics might find that cruel. Her response? "Don't touch it." For a few moments, she even painted the wall with a roller. Look how hard she works, everyone! Definitely worth her salary of $235,100 per year! Notably, she failed to mention the cost of this project, though CNN reported that the "Big, Beautiful Bill" dedicated about $46.5 billion to modernizing the border. The outlet also noted that this isn't the first time Trump has shown interest in painting the wall black. During his first term, he brought it up numerous times and ordered sections test-painted, with officials reportedly saying it was "largely being done to placate the president." In 2020, the cost was estimated at $1.2 million per mile — who knows what it would cost now with prices these days. Naturally, people have a lot to say about all this: One person wrote, "They know there is no sun at night, right?" Another said, "Tracks with this administration. Everything is just paint metaphorically. Hair, makeup, policy, troop deployment domestically, history, education, religion. All they do is attempt to paint over the awful people that they are." "Trump wants to paint 1300 miles of border wall black.. so it will be too hot to touch. Estimated to cost $2.7 billion. The estimated cost of gloves for illegals: $5.00 a pair. History will record this time as the Dumbest of All Ages.." "The crazy thing is that despite this costing literally billions of dollars; they have the money for it! That's right, Congress decided to cut funding for benefits for Americans and instead give CBP billions for the border wall, which they'll now use to paint the thing black." "The clown car of idiots never fails to impress with the level of stupid they show every single day." "Noem forgot to say Trump will make Mexico pay for the paint." "Fun Fact: Painting the entire 1,300-mile U.S.-Mexico border wall black could cost $2.72 BILLION. We are governed by the dumbest people in America." "This is sure to make grocery prices go down. Release the Trump Epstein files." And finally, "They really are just taking tips from Wile E. Coyote." What do you think about all this? LMK in the comments below!
Miami Herald
an hour ago
- Miami Herald
Appeals court allows Trump administration to end TPS for Nicaragua, Honduras, Nepal
A federal appeals court has granted the Trump administration's request to pause an order from a federal judge who had stopped the termination of deportation protections and work authorizations for immigrants from Nicaragua, Honduras and Nepal. Handing the Trump administration a win in its goal to revamp the Temporary Protected Status program, the three-judge panel of the Ninth Judicial Circuit Court of Appeals in San Francisco offered no opinion for its unanimous decision on Wednesday. Approximately 61,000 people — 51,000 from Honduras, 7,200 from Nepal,and 2,900 from Nicaragua — could be affected by the decision. The decision means TPS holders from Nepal are stripped of their legal status and work authorization, which expired on Aug. 5. TPS for Honduras and Nicaragua is set to expire on September 6. A federal judge had postponed the termination till a planned hearing on Nov. 18. 'This is yet another huge legal victory for the Trump Administration, the rule of law, and the safety of the American public. Temporary Protected Status was always meant to be just that: Temporary,' Tricia McLaughlin, assistant secretary of Homeland Security, said in a statement. The ruling allows the administration to enforce the termination, which could upend the lives of Nicaraguans living in the United States, 40% of whom call Florida home. In August, U.S. District Judge Trini L. Thompson had ruled to postpone the administration's termination of TPS in a lawsuit filed by the National TPS Alliance and several TPS holders. The groups argued the administration had failed to account for the current real-life conditions in the three countries, and that the termination was not based on proper legal considerations. Thompson agreed with the TPS holders. In her August ruling, she said the administration had shown a history of racial animus in its immigration policies, including terminating TPS status for countries like Haiti, Venezuela and Afghanistan. Thompson's ruling mentioned that during the presidential campaign, President Donald Trump had referred to immigrants as 'poisoning the blood of our country' and the Department of Homeland Security had referred to undocumented immigrants as 'criminals.' 'Indeed, code words may demonstrate discriminatory intent,' Thompson said. 'Color is neither a poison nor a crime.' DHS issued a statement calling Thompson, who was appointed to the bench by President Joe Biden, a 'woke judge' and compared her opinion on the case to a ''New York Times opinion piece.' The federal agency has maintained in its TPS terminations for multiple countries that having immigrants from those countries in the United States is a national security concern. However, it has not provided evidence in any of the cases on how people who have been living in the U.S. for more than two decades pose a national security risk. The administration terminated the Status for Nepal in June and for Honduras and Nicaragua in July. The designation was first provided to Honduras and Nicaragua after Hurricane Mitch caused extensive damage and displacement in both countries in 1999. The designation has been continually extended over the years and was eventually challenged by the first Trump administration. At the time, the administration chose not to enforce a termination. Nepal received TPS status after a 7.8 magnitude earthquake in 2015. 'This administration's attack on TPS is part of a concerted campaign to deprive noncitizens of any legal status,' said Emi MacLean, attorney at the ACLU Foundation of Northern California. 'Today's ruling is a devastating setback, but it is not the end of this fight. Humanitarian protection–TPS–means something and cannot be decimated so easily.' TPS is conferred on foreign nationals who because of war, natural disaster or other extraordinary conditions cannot safely return to their home country. TPS allows recipients to live and work in the U.S. as long as their home country is designated for TPS. On Wednesday, lawyers representing Haitian TPS holders in a separate lawsuit filed a motion challenging the Trump administration's decision to terminate the benefit for as many as 350,000 Haitians. The complaint was initially filed on July 30, 2025, in federal court in New York. The Haitian TPS holders are asking the court to stay the termination of their status pending a final resolution on the merits of the case, given the imminent threat to their lives should they be forced to return to Haiti. 'If the termination stands, people will almost certainly die. Some will likely be killed, others will likely die from disease, and yet others will likely starve to death,' the lawyers for the Haitians said in a motion. 'Loss of TPS will expose them to immediate deportation to a lawless country where they will be at constant risk of rape, kidnapping, and murder while lacking access to sufficient food, housing and medical care.' Haiti has has TPS designation since a massive earthquake killed hundreds of thousands in 2010, and it has been repeatedly extended after repeated crises in the Caribbean nation.
Yahoo
an hour ago
- Yahoo
State reps push for safeguard against Trump deploying military to Michigan cities
Earlier this month, President Donald Trump announced a 'crime emergency' in Washington D.C. He then militarized the D.C. police department and deployed hundreds of National Guard soldiers, sparking protests, public safety concerns and legal challenges. As Trump threatens similar actions in other Democratic-led cities, some Michigan lawmakers are pushing for legislative safeguards to prevent a similar situation from happening here. 'The federalization and deployment of National Guard troops into L.A. and Washington D.C. represents an unprecedented abuse of executive power,' Michigan House Rep. Laurie Pohutsky, D-Livonia, said at a news conference on Thursday, Aug. 21. 'As elected leaders, we cannot allow these actions to go unchecked.' State Rep. Tyrone Carter, D-Detroit, and Kyle Zawacki, the Legislative Director for the ACLU of Michigan, joined Pohutsky at the news conference to introduce House Bill 4796. The bill sets out to 'reaffirm state sovereignty' by requiring permission from Michigan's governor before the military can be deployed in the state. While the bill does not expand or limit any existing powers, said Pohutsky, it does enable state courts to litigate the issue, rather than relying on federal courts to determine the legality of the President's actions. 'This bill […] reiterates federal law into state law, giving our state and our courts one more avenue to push back on the President's unlawful and, arguably, unconstitutional actions, should he attempt to deploy troops in Michigan,' said Pohutsky. Rep. Carter, a former lieutenant with the Wayne County Sheriff's Office, warned that the deployment of troops to American cities 'will not bring public safety.' 'Good policing is about protecting the civilians we serve, not treating them like enemies on the battlefield — that's the role of the military,' said Carter. When asked if she thought it was a realistic concern that troops would be sent to Michigan cities, Pohutsky cited reporting from the Washington Post and The Guardian that the Trump administration has already signaled its 'plans to expand these actions' across the country. 'I think that it's important to supply that safeguard whether it's an acute threat to Michigan or not,' Pohutsky said. She also said she worries that similar policies to the ones in Washington could be 'weaponized' in cities like Ann Arbor that have been vocal about their opposition to many of the current presidential administration's actions. In addition, Pohutsky said she has 'very serious concerns' for Detroit, a city that Trump has repeatedly criticized in public comments, and whose population is 74% Black. 'Based on the cities that [Trump] has targeted and the areas that he is choosing to have occupied, I absolutely think that race is playing a role,' Pohutsky said. 'Which again creates some concern about areas of our state that may be unjustly targeted using these policies.' Throughout the news conference, all three speakers described the President's deployment of troops as 'authoritarian,' with Zawacki warning that it was another step down a dangerous path, and Pohutsky calling on her father's experience as a soldier in WWII to warn constituents to pay attention to history. 'We keep saying 'unprecedented,' and in a way it is because it's unprecedented here. But worldwide, it is not unprecedented,' said Pohutsky. 'It's very, very frightening.' Violent crime rates in both Washington D.C. and Detroit are currently the lowest they've been in decades. In 2024, the city of Detroit reported a 19% decline in homicides. Earlier this week, however, Detroit Mayor Duggan sparked controversy over an interview with CNN in which he partially credited the Trump administration for helping Detroit's violent crime reduction. Pohutsky acknowledged the limits of the legislation, saying that preventing the Trump administration from 'engaging unlawfully is not reality.' However, she ended by emphasizing her goal is to give state courts the power to litigate and fight back against such actions. The bill must be approved with a majority vote in both the Michigan House and Senate and then signed by Gov. Gretchen Whitmer before it can become law. Pohutsky said that while she doesn't expect the bill to move out of the House or for the Speaker of the House, Rep. Matt Hall, R–Richland Township, to put the bill up for a vote, she does see it as an important first step towards raising awareness on the issue and a 'long term goal' to pass the legislation in the future. Aurora Sousanis is a politics intern at the Detroit Free Press. You can contact her at asousanis@ This article originally appeared on Detroit Free Press: Legislation aims to stop Trump deploying military to Michigan cities
