Latest news with #ACLUofUtah
Yahoo
19-04-2025
- Politics
- Yahoo
Utah international students and ACLU sue DHS over abrupt visa terminations
The Orrin G. Hatch United States Courthouse is pictured in Salt Lake City on Wednesday, April 9, 2025. (McKenzie Romero/Utah News Dispatch) Eight international students in Utah whose permits to study in the country were revoked have sued the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement for the 'unilateral' and abrupt termination of their legal status in the country, forcing them to lose school time and jobs while subjecting them to detention and deportation. The American Civil Liberties Union (ACLU) filed the lawsuit in federal court in Utah on behalf of the students on Friday, asking for a temporary restraining order halting the removal of the individuals' records from Student and Exchange Visitor Program (SEVIS), a database that tracks their visa compliance and allows them to stay in the country while they complete their studies, or in the case of recent graduates, maintain an early career job. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX That, after more than 50 students were reported to be impacted by status revocations in Utah, many without any type of notice. Some of them didn't have links with protests or a criminal background, generating confusion on campuses. According to the suit, the Department of Homeland Security action violated the students' rights for due process since they didn't get a chance to contest the decision. It also alleges that erasing the SEVIS records was against federal law and violated the Constitution. '(The students) were following all their visa requirements and had committed nothing that should have changed their status,' Aaron Welcher, communication director for the ACLU of Utah, said on Friday. The ACLU declined to release some details about the students to protect their privacy. However, the organization said they are from China, Nigeria, Mexico and Japan and are attending different universities across the state, including the University of Utah, Brigham Young University and Ensign College. A ninth student from BYU-Idaho was also included in the complaint. Cox asks for clarity from Trump administration on revoked student visas The students have been experiencing high levels of stress and anxiety after learning about their status terminations, and are uncertain about their futures, including fears of being labeled a national security or foreign policy threat, forbidding them from reentering the United States or other countries. 'The abrupt and unexplained termination of these students' lawful SEVIS registration is profoundly concerning. These students now face deportation or worse, placing their education and futures in jeopardy,' Tom Ford, staff attorney at the ACLU of Utah, said in the release. 'Coordinated attacks on due process are paving the way for the kind of tyrannical government our Constitution was meant to prevent — and the ACLU of Utah is taking action to stop that abuse of power and keep rights intact for all of us.' The termination of SEVIS records effectively ends the students' permits to be in the country. While the students have the option to apply for reinstatement of status with USCIS, according to the lawsuit, the federal government has informed multiple schools that they will deny all reinstatement applications for students in this specific situation. The new process of removing SEVIS records was also criticized in the suit. 'If ICE believes a student is deportable for having a revoked visa, it has the authority to initiate removal proceedings and make its case in court,' the lawsuit reads. 'However, it cannot misuse SEVIS to circumvent the law, strip students of status, and drive them out of the country without process.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
18-04-2025
- Politics
- Yahoo
Utah international students file lawsuit against Department of Homeland Security
This is a developing story. ABC4 will update this post as new information becomes available. SALT LAKE CITY () — A lawsuit has been filed against the U.S. Department of Homeland Security on behalf of eight international students in Utah who had their Student and Exchange Visitor (SEVIS) Program records terminated. In a release sent to the ACLU of Utah states that they have filed this lawsuit alongside the law firm Stowell Crayk, P.C., and immigration attorneys Phillip Kuck and Timothy Wheelwright. The eight students are from four countries — China, Nigeria, Mexico, and Japan — and attend schools located in Utah, including Brigham Young University, the University of Utah, and Ensign College — at least one is enrolled at BYU-Idaho. 'In the United States, everyone — no matter your immigration status — has a constitutional right to due process. To terminate an international student's SEVIS registration, the U.S. government must adhere to regulatory standards and provide basic due process, which it has failed to do – it's not just wrong, it's unlawful,' Jason M. Groth, Legal Director at the ACLU of Utah, said in the release. 'It's unfair': International PhD student at BYU speaks after his student visa was revoked According to the lawsuit, DHS violated students' Fifth Amendment rights on the basis that they had no notification or opportunity to contest the decision. ACLU says that they are working on filing a temporary restraining order to protect these students. 'These students face irreparable harm if the courts do not correct the government's unlawful actions, including lost immigration status, lost education, lost diplomas, lost tuition, and lost jobs and careers,' said attorney Phillip Kuck. 'If the courts choose not to act, they face removal from the country without any tangible recourse.' The lawsuit states that the students are not currently seeking to challenge the revocation of their F-1 visas 'even though said revocations appear to have been taken in bad faith.' They are seeking the reinstatement of their SEVIS registration. According to Immigration and Customs Enforcement (ICE), SEVIS is 'the Web-based system that the U.S. Department of Homeland Security (DHS) uses to maintain information on Student and Exchange Visitor Program (SEVP)-certified schools.' When those students' SEVIS records were terminated, they were subject to 'arrest, detention, and deportation, forcing them to lose their schooling and their employment,' according to the lawsuit. It asserts that ICE is not authorized to terminate their SEVIS records even when the student's visa has been revoked. Students react to nearly 50 international students' visas being revoked, records being removed across Utah 'Practically speaking, termination of a SEVIS record prevents the student from doing things they must do in order to maintain their status, like OPT reporting, requesting transfers, requesting reduced course load for medical emergencies, etc.,' the lawsuit states. The students involved in the lawsuit are not identified and are listed as Jane or John Doe. Much of the background information involving the plaintiffs has been redacted. The causes of action listed are under the Fifth Amendment and the Administrative Procedure Act. The lawsuit asks that the court declare the termination of the students' SEVIS registration and termination of their nonimmigrant status was unlawful. The lawsuit also asks that the court restore their SEVIS registration, nonimmigrant student status, and curricular practical training (CPT) or optional practical training (OPT). 'The abrupt and unexplained termination of these students' lawful SEVIS registration is profoundly concerning. These students now face deportation or worse, placing their education and futures in jeopardy,' said Tom Ford, Staff Attorney at the ACLU of Utah. 'Coordinated attacks on due process are paving the way for the kind of tyrannical government our Constitution was meant to prevent—and the ACLU of Utah is taking action to stop that abuse of power and keep rights intact for all of us.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
