Revoke F-1 visa, then terminate student record under US plan, claim experts

Business Standard

01-05-2025

Amid a wider crackdown on immigration, the Trump administration in the United States is expanding how international students, including Indians, can be stripped of their legal status to stay and study in the country.
Lawyers representing affected students said the new policy allows for quicker deportations and seeks to justify earlier actions that cancelled thousands of foreign students' permission to remain in the US.
Students whose visas are revoked now lose their right to continue studies or employment. Previously, a student could remain in the country even if their visa was cancelled, as long as they did not leave and try to re-enter.
"Looks like US Immigration and Customs Enforcement and Department of State have devised a plan to deport any F-1 student with no process. DOS revokes the F-1 visa for any or no reason at all, and then ICE terminates SEVIS and/or puts the student in removal for the visa revocation," Brad Banias, an immigration lawyer representing students shared on social media.
Court filings shed light on new policies
The changes came to light during lawsuits filed by students who had their legal status suddenly cancelled in recent weeks, often without explanation. Judges in several cases made preliminary rulings that the government had acted without due process.
Following pressure in court, the government said it would issue new guidelines for cancelling student status. A court filing on Monday included a document from Immigration and Customs Enforcement (ICE) outlining that valid reasons now include the revocation of a student's visa.
'This just gave them carte blanche to have the State Department revoke a visa and then deport those students, even if they've done nothing wrong,' Banias.
Banias said the guidelines vastly expand ICE's authority beyond earlier policies, which did not list visa revocation as a reason to terminate a student's legal permission.
"The ICE's new 'policy' regarding SEVIS termination goes well outside of its regulatory and statutory authority and violates decades of policy by DOS", he shared on X.
Charles Kuck, an immigration lawyer based in Atlanta, added that the new guidance allows ICE to cancel a student's status if their name appears in a criminal or fingerprint database, regardless of conviction or charges.
Thousands of international students targeted
The American Immigration Lawyers Association (AILA) said ICE had terminated SEVIS records for as many as 4,736 international students since January 20, 2025, with Indians making up the majority. Students from China, Nepal, South Korea and Bangladesh were also affected.
SEVIS (Student and Exchange Visitor Information System) is an online database schools use to update the government on the legal status of international students. Termination of a SEVIS record results in immediate loss of legal status to study or work under the Optional Practical Training (OPT) programme.
A common thread among many targeted students was some past contact with law enforcement. This included traffic tickets or university disciplinary violations. In several cases, charges had been dropped and no criminal record remained.
How students were labelled as criminals
Court filings and hearing discussions revealed that Homeland Security officials had cross-checked student visa holders against the National Crime Information Center (NCIC), a database managed by the FBI.
The NCIC contains information not only on those convicted but also on suspects, missing persons and individuals arrested but never charged.
Government officials admitted in court they had not applied the principle of 'innocent until proven guilty' and had launched the mass cancellations without individual case reviews.
About 6,400 students were flagged through this search, US District Judge Ana Reyes said during a hearing.
In the past month, foreign students across the US were alarmed to discover that their SEVIS records had been deleted, leading some to hide or leave the country.
Federal government reverses course under court pressure
Facing growing legal challenges, federal officials announced on Friday that international students' legal status would be restored while a new policy framework is developed.
In a court filing on Monday, the government shared a document outlining the new policy, including the revocation of entry visas as grounds for cancelling student status.
'This just gave them carte blanche to have the State Department revoke a visa and then deport those students even if they've done nothing wrong,' said Banias.
A lawyer for the government later told a federal court in Oakland, California, that the Department of Homeland Security (DHS) would reinstate SEVIS records.
'ICE is developing a policy that will provide a framework for SEVIS record terminations. Until such a policy is issued, the SEVIS records for plaintiff(s) in this case (and other similarly situated plaintiffs) will remain Active or shall be re-activated if not currently active and ICE will not modify the record solely based on the NCIC finding that resulted in the recent SEVIS record termination,' the government's statement read.
Brian Green, a lawyer representing one of the students, said the government confirmed the temporary protections would apply to all students in similar circumstances, not only those involved in lawsuits.
Many students unaware they were being investigated
Students whose visas were revoked or legal status cancelled said they were often unaware of any wrongdoing. Many had only minor infractions, such as traffic violations, while others were completely unaware of why they were targeted.
In the case of Akshar Patel, an international student studying information systems in Texas, Homeland Security officials admitted in court filings that Patel had been pulled over and charged with reckless driving in 2018, but the charge was later dropped. Nevertheless, Patel's name was included among 734 students listed for SEVIS termination.
Within 24 hours of receiving a spreadsheet identifying these students, a Homeland Security official ordered their SEVIS records to be terminated.
Judge Reyes criticised the government's rapid action, saying, 'All of this could have been avoided if someone had taken a beat.' She described the process as demonstrating 'an utter lack of concern for individuals who have come into this country.'
Many colleges, unaware of the sudden terminations, told students to stop attending classes or employment, leaving them vulnerable to deportation.
Government lawyers insisted in court that database changes were merely an 'investigative red flag' and did not automatically strip students of legal status.
'Mr Patel is lawfully present in the US,' said Andre Watson of the Department of Homeland Security. 'He is not subject to immediate detention or removal.'
Reyes declined to issue a preliminary injunction but encouraged lawyers for both sides to settle the matter to allow Patel to continue studying.
Temporary reinstatements ordered in Georgia court
Last week, a federal judge in Georgia issued Temporary Restraining Orders (TROs) requiring the reinstatement of SEVIS records for 133 students, including many Indians. These students, holders of F-1 and M-1 visas, alleged their records had been closed despite no criminal convictions.
The sudden terminations had caused widespread confusion and fear among international students, many of whom did not realise they were under investigation.