UW-Madison student still fighting Trump administration's student visa cancellation

Yahoo

06-05-2025

Bascom Hall, University of Wisconsin-Madison. (Ron Cogswell | used by permission of the photographer)
Madison attorney Shabnam Lotfi says her client, Krish Lal Isserdasani, was exceptionally responsible in the way he handled the news that the Trump administration had suddenly taken away his student visa.
Isserdasani, a 21-year-old computer engineering senior at the University of Wisconsin-Madison from India, was about a month out from his graduation on May 10 when he became one of thousands of students across the U.S. that had their Student and Exchange Visitor Information System (SEVIS) records cancelled by the Trump administration. According to the Immigration and Customs Enforcement, SEVIS is a 'web-based system for maintaining information on nonimmigrant students and exchange visitors' in the U.S. Once SEVIS records were canceled, students faced the termination of their student visas and their ability to remain in the U.S.
UW-Madison notified students of the changes to their SEVIS status, warning them that status termination generally means an affected person should depart the United States immediately.
'I admire him for acting quickly,' Lotfi told the Wisconsin Examiner. 'He saw that his SEVIS record was terminated, immediately contacted the university to see what it means, did not attend classes for a week to figure out what's going on, [and] hired a lawyer immediately.'
In April, U.S. District Judge William Conley issued a temporary restraining order blocking the government from terminating Isserdasani's SEVIS and from taking any further related actions. That order noted Isserdasani and his family had spent about $240,000 on his education, stood to lose $17,500 on the current semester's tuition and would be responsible for four months of rent on an apartment he would vacate if he was forced to leave the country.
With the temporary restraining order in place and providing some protection, Lotfi said he was able to resume attending classes.
'That doesn't necessarily mean he feels entirely welcome and free and comfortable,' Lotfi said, 'but he's doing the best he can with the cards he has in the situation.'
At the end of April, the Trump administration started reversing the cancellations. Administration attorneys said in court that they were working on developing a policy that would provide a framework for SEVIS record terminations. Lotfi said she is 'aware of what they're thinking about' and that if they're trying to find a way to make the terminations lawful, that 'will likely be challenged again.'
Lotfi said the Trump administration's step back from the cancellations is a win. This is not the first time she has fought a Trump order involving immigrants, having brought a challenge in 2018 to the Muslim travel ban during Trump's first term.
'It was a coalition of attorneys nationwide bringing so many [temporary restraining orders], so many lawsuits on behalf of so many students all at the same time — and the government not having any defense to any of it — that caused them to have to reevaluate,' Lotfi said.
As of April 28, the 27 cancellations for UW-Madison students and alumni were reversed as were the 13 for UW-Milwaukee. However, the reversals are not the end of Isserdasani's case.
When it comes to his case, Lotfi said it appeared during a hearing last week that the government attorneys were not changing their plan to eject Isserdasani based on the administration's perceived change in stance on international students' visas. She said the government's attorney indicated her client's SEVIS record was only active because of the temporary restraining order and that 'it was not related to any change in a government policy.'
'The government attorneys also indicated that they maintain their right to terminate his SEVIS record again in the future should that be necessary,' Lotfi said. 'It certainly surprised me, and I think it surprised the court that they were taking that position.'
Lotfi noted that the government attorneys in Isserdasani's case have been arguing, based on a declaration by Andre Watson, a Trump Department of Homeland Security official, that the SEVIS record and a student's visa status are not the same. She said no one is buying the argument.
'The vast majority of judges nationwide are asking, then, why do you terminate the SEVIS record? What was the point of doing this? If you guys say that SEVIS and student status are not the same, does that mean that Mr. Isserdasani is in a lawful student status right now?' Lotfi said. 'They won't say that. They'll just say that the two are not the same, but they will not confirm that he is in a lawful student status with the SEVIS terminated.'
The case challenges the cancellation of the record in several ways, including arguing that the government cannot just take away his status without due process — the ability for him to know why his SEVIS is being terminated and to challenge the termination — and arguing the cancellation was arbitrary and capricious.
'It's not that Isserdasani failed to go to class. It's not that he had a criminal activity [or] he was convicted of criminal activity. It's just because his name [was] in a database,' Lotfi said. In determining cancellations, the Trump administration had run international students' names through an FBI database called the National Crime Information Center. It appeared that an arrest for disorderly conduct in November 2024 was the reason for Isserdasani's SEVIS cancellation, but charges were never pursued and he never had to appear in court.
Lotfi said she and her client are waiting for the court's written decision on whether the temporary restraining order will be converted to a preliminary injunction, which would prevent actions by the government through the course of litigation. Then, she said, litigation will continue, which can take time.
'It is in the interest of justice, and in the interest of the American people, that a final decision on the merits of the case is issued,' Lotfi said.
Lotfi said people shouldn't accept the Trump administration's accusations against foreign students as true.
'These students are in a foreign country. Many have learned a second language… They are young and alone without family. They are following this country's rules and regulations, and they didn't do anything wrong,' Lotfi said. 'They don't deserve this.'
'If it's a U.S. citizen, we say innocent until proven guilty… Why do we not have that same mindset when it comes to foreign nationals?' she added. 'It just seems like any arrest for anything then that's guilt, and that's not the case. We would never allow that for any of our neighbors, so we should not accept the administration's description of international students having violated their status when they didn't.'
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