Kicked out without warning? SEVIS terminations leave hundreds of international students in legal chaos
Mounting legal challenges are targeting U.S. immigration agencies for terminating SEVIS (Student and Exchange Visitor Information System) records of hundreds of international students. District courts have increasingly granted Temporary Restraining Orders (TROs) to protect students from the fallout, as attorneys highlight the "irreparable harm" caused by these terminations.
In a recent Michigan court case involving an Indian student, Andre Watson, a senior Department of Homeland Security (DHS) official, claimed in an affidavit that SEVIS termination does not equate to visa revocation. Immigration attorneys argue that DHS is using this interpretation to downplay the severity of SEVIS termination in court—even though official notices to students state they must leave the U.S. immediately.
ALSO READ: US now demanding home addresses & biometrics from H-1B visa workers; raises concernImmigration lawyers have called the government's stance "ridiculous," pointing out that SEVIS termination often leads to visa revocation, loss of employment authorization, and even deportation proceedings.
(Join our ETNRI WhatsApp channel for all the latest updates) Despite DHS's claims in court, students and Designated School Officials (DSOs) are being told that termination of SEVIS means loss of lawful F-1 status and the need to leave the U.S. immediately.
Attorney Steven A. Brown said that even immigration enforcement agencies like ICE can't confirm whether affected students are still lawfully present. As a result, attorneys urge students to file lawsuits to clarify their legal standing.ALSO READ: International students file legal challenges over widespread US visa revocationsThe issue is particularly urgent for students on Optional Practical Training (OPT). If SEVIS is terminated, many lose the legal basis for employment. And since F-1 reinstatement is not available to graduates, there's little recourse for those already working under OPT.
ALSO READ: 50% of revoked US student visas under Trump 2.0 belong to Indians
Karin Wolman, a New York-based immigration attorney, warns that SEVIS termination usually means automatic loss of work authorization, even if students haven't received a visa revocation notice.Attorney Rekha Sharma-Crawford explains that schools are hesitant to allow students with terminated SEVIS records to attend classes, fearing liability and even criminal harboring charges. This has left students stranded—unable to study, work, or transfer schools.
Many of these terminations are reportedly based on minor interactions with law enforcement, such as seatbelt violations or speeding tickets. Jath Shao, another immigration attorney, argues this reflects a violation of due process, especially when terminations are triggered by automated data mining without formal charges or hearings. In a recent ruling, a district court granted TROs to 133 international students, acknowledging the significant harm caused by SEVIS terminations. Plaintiffs argued that once admitted on an F-1 visa, they should remain legally present as long as they meet visa conditions.
Still, students face an uphill battle. As Adam Cohen of Siskind Susser noted, DHS policies remain unclear, and contradictions between federal court affidavits and government actions continue to place students in jeopardy.
(With TOI inputs)
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