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Business Standard
07-05-2025
- Politics
- Business Standard
US revokes visas daily, will continue, says Trump admin on student anxiety
America's world-class university system has long made it a destination for ambitious students from around the world. The United States hosts more than 300,000 students from India, more than from any other country. Nearly 100,000 Indians are employed through the OPT programme. However, the Trump administration's swift move to terminate the legal status of thousands of international students — through the cancellation of SEVIS records — and in some cases revoke their visas, has created widespread fear. Students are now reluctant even to return home for summer holidays or leave the US for research work. A PhD student at the University of California, San Diego, had planned a trip with friends to Hawaii. But after hearing reports of students across the country losing their legal status, the trip was called off. 'I probably am going to skip that to ... have as few interactions with governments as possible,' the student told Associated Press, speaking anonymously out of fear of being targeted. At the University of Illinois, another student said he has been keeping a low profile since a classmate was forced to leave the country after their status was terminated. He had already booked a trip to visit his family in Asia this summer but now fears he may not be allowed back into the United States. 'Right now," he said, "I'm afraid I might not be able to come back.' In response to a query from Business Standard about students' anxiety over travelling abroad before the next semester, a US State Department spokesperson said, 'The Department of States revokes visas every day in order to secure America's borders and keep our communities safe — and will continue to do so.' The spokesperson added, 'It is committed to protecting our nation and its citizens by upholding the highest standards of national security and public safety through our visa process.' The spokesperson also explained the difference between visas and SEVIS, saying, 'The Department of State adjudicates F, M, and J nonimmigrant visas overseas for students and exchange visitors. A student or exchange visitor issued a visa uses that visa to travel to a United States port of entry, airport, or land border crossing, and request admission from US Department of Homeland Security (DHS) Customs and Border Protection (CBP). The CBP officer determines eligibility to enter the United States.' 'Once admitted into the United States, the Student and Exchange Visitor Information System (SEVIS), administered by the Department of Homeland Security, tracks and monitors schools, exchange visitor programmes, and F, M, and J nonimmigrants while they visit the United States and participate in the US education system,' the spokesperson said. What students can do if SEVIS is terminated SEVIS revocation means a student falls out of legal status in the country. Charles Kuck, an immigration lawyer, told Business Standard that students in this situation must hire a lawyer immediately. Students have the legal right to sue the government for illegal actions, said Kuck, who is representing 133 international students who had their legal status revoked, about a third of whom are from India. An Associated Press review of university statements, official correspondence, and court documents found: < At least 1,220 students at 187 colleges, universities, and university systems had either lost their visas or had their legal status terminated since late March < Some students left the country, others stopped attending classes, and a few went into hiding Many international students whose status was revoked said they did not fit into any criminal category, or had only minor incidents on record. Allegations of mass action without individual review Sheela Murthy, president and CEO of US-based Murthy Law Firm, told Business Standard there was little individual review behind the mass cancellations. 'Based on our understanding, the Department of Homeland Security took a shortcut of targeting anyone who had any type of incident or had their fingerprints taken or attended a court hearing,' said Murthy. 'They may have used AI to send out blanket visa revocations and SEVIS terminations without confirming if they were throwing the baby out with the bathwater.' She added that most affected students either had no criminal record or had seen their cases dismissed. 'The revocations and terminations in those cases would be clearly incorrect and violate due process under US law,' she said. Drop in Indian student visas After a wave of legal challenges, the Department of Homeland Security reversed course last month and restored SEVIS records. However, the concerns had already made an impact. Even before the Trump administration's actions, there was a fall in the number of Indian students choosing the United States. According to State Department figures, January saw a 50 per cent drop in visas issued to Indian students compared with the previous year. 'The message from the government seems 'We don't want your best and brightest,'' said Kuck.
Washington Post
05-05-2025
- Politics
- Washington Post
The U.S. welcomed Indian students. Under Trump, they fear for their future.
NEW DELHI — In 2023, a recent college graduate from India was pulled over by police for driving without a license. It could now cost him his future in America. He had just earned his master's degree from Lindsey Wilson College, in Kentucky, and was enrolled in the federal Optional Practical Training program (OPT), which allows international graduates to work in the United States. After paying a $1,200 fine for the infraction, he thought the matter was behind him. Two years later, the former student, now 28 and working as an engineer in Atlanta, was informed that his visa had been revoked and he could no longer stay in the country. 'I came here legally and made one small mistake, but I am not a criminal,' said the engineer, who is from Hyderabad, a technology hub in southern India. Like others in this report, he spoke on the condition of anonymity, fearing legal retaliation from U.S. authorities. 'This government has really scared us,' he said. 'We have no idea what they will do next.' As President Donald Trump has moved quickly to overhaul America's immigration system, his administration terminated the legal status of thousands of international students — known as SEVIS records — and in some cases revoked their visas. In certain instances, the government has cited students' past legal violations, some as minor as parking tickets, while in other cases no reason has been provided. After a wave of legal challenges, the Department of Homeland Security reversed course last month, saying it would restore SEVIS records. But the engineer, and others who have already lost their visas, say they remain in limbo. 'Whenever an individual's visa is revoked, he or she may reapply at one of our consulates or embassies overseas at any time,' the State Department press office said in a statement to The Washington Post. The United States hosts more than 300,000 students from India, more than from any other country; nearly 100,000 Indians are employed through the OPT program. Half of the 327 visa revocation cases tracked by the American Immigration Lawyers Association involved Indian nationals. The Post spoke to 10 Indian students who are studying in the United States or applying to American universities about how the crackdown has upended their lives and changed their plans. 'The message from the government was 'We don't want your best and brightest,'' said Charles Kuck, an immigration lawyer representing 133 international students who have had their legal status revoked, roughly a third of whom are from India. Ravi Lothumalla, an educational consultant in Dallas, is part of three WhatsApp groups, each with at least 200 Indian students, where members share updates on their cases and compare legal advice. 'Trump is clearly taking this very seriously,' Lothumalla said. International students also have been targeted for their political views. About a dozen so far have been detained by U.S. Immigration and Customs Enforcement for protesting Israel's war in Gaza, an activity the administration says is tantamount to supporting terrorism. 'It is a privilege to be granted a visa to live & study in the United States of America,' Assistant Homeland Security Secretary Tricia McLaughlin said in a statement. 'When you break our laws and advocate for violence and terrorism that privilege should be revoked, and you should not be in this country.' The arrest of Badar Khan Suri, a postdoctoral fellow at Georgetown University accused of spreading 'Hamas propaganda,' and the visa revocation of Columbia University graduate student Ranjani Srinivasan after pro-Palestinian posts on social media have also sent a chill through Indian student communities. Many who came to study and stayed to work now wonder if they have a future here. 'It is still a lot of chaos,' said the engineer in Atlanta, who lost his job when he lost his immigration status. 'Every day is a nightmare.' America's world-class university system has long made it a destination for ambitious students from around the world. More than 1 million international students contributed $43.8 billion to the U.S. economy in the past academic year, according to NAFSA (formerly the National Association of Foreign Student Advisers). Kuck, the immigration lawyer, said the administration's policies could rapidly erode the country's competitive advantage: 'Indian students are going to start saying, 'You know what, I think I am going to learn German.'' An Indian graduate student at an Ivy League institution said she and others had begun drafting contingency plans — finishing degrees abroad or applying for jobs in Europe. In April, her university said in a campuswide email that at least three students had their SEVIS records terminated. 'I don't want to live in fear,' she said, 'where you have to watch and think about every little thing you do.' 'We used to think of America as a place where we could build a career,' said another Indian student, 31, who is pursuing a graduate degree in New York. 'That doesn't seem to be the case anymore.' She said she was reminded of a 2016 crackdown at Jawaharlal Nehru University, in New Delhi, where student leaders were arrested and branded as 'anti-nationals' by the government for demonstrating against death sentences for accused Kashmiri separatists. 'This is a copy-paste of that,' she said. As pro-Palestinian protests swept across the country last year, the student at the Ivy League college said, she and her classmates had expected that administrators would defend their right to free speech. 'We were really, really wrong,' she said. Another 31-year-old Indian student at a Northeastern university has canceled a trip home this summer, fearing he might not be allowed to return. He is now expanding his academic network to Canada and South Africa. 'There's no desire on my part to continue an intellectual relationship with this country after I leave,' he said. 'The anti-intellectual force of this administration has hollowed out what used to be the center of academic life.' Some students targeted for deportation have lived in the United States for many years and are now struggling to navigate the complexities of the immigration system. Another engineer from Hyderabad, 27, had worked for Google, Cognizant and a federal consulting firm after graduating from Kent State University in 2022. In January, while out socializing in Fredericksburg, Texas, he agreed to drive home a friend who had injured his leg, despite being 'slightly tipsy.' He was pulled over, arrested for driving under the influence and released the next day on bail. His visa was revoked in March; in April, he received an email directing him to 'self-deport.' 'I can't stay in the country because of the visa revocation, but I can't leave the country because I need to appear in court,' the former Google employee said. 'No one knows what to do.' India's Ministry of External Affairs in March urged citizens abroad to comply with local laws and asked host countries to ensure due process. But officials in New Delhi have made no public comment about U.S. efforts to revoke the immigration status of Indian students. 'Why hasn't my country responded?' the former Google employee wondered. 'It's affecting so many of us.' Anthony Renzulli, a former director for India at the National Security Council, warned that the crackdown could fundamentally alter the relationship between the two countries. 'The number of Indian foreign students is inevitably going to decline,' he said. 'It cuts into the very foundation of the U.S.-India partnership — the people-to-people ties.' January saw a 50 percent drop in visas issued to Indian students as compared with the previous year, according to State Department figures. 'The loss to the U.S. is incalculable,' said Renzulli. Many students said their belief in the United States has been deeply, and irreversibly, shaken. 'Even if one saw problems in America, there was always a faith in the institutional and legal mechanisms,' said the graduate student in the Northeast. 'That is now gone.'
Yahoo
02-05-2025
- Politics
- Yahoo
Lawsuit against Trump balloons in size as foreign students face rising risks
A lawsuit against the Trump administration has nearly tripled in plaintiffs — going from 133 originally to 351 — as foreign students across the country feel the risk of staying in the United States. The lawsuit, filed in Georgia but covering students nationwide, comes as a result of thousands of students across the country being notified that their student visas and/or their legal status through the Student and Exchange Visitor Information System database (SEVIS) had been revoked, including many in Massachusetts. An order on the lawsuit on Friday granted those plaintiffs a preliminary injunction and stated that their lawsuit is likely to succeed in proving that the Trump administration was 'acting arbitrary, capriciously, and not in accordance with the law' when it revoked students' legal status. The status of international students' visas is tracked through the SEVIS database. A SEVIS legal status allows a foreign student to remain in the United States, while a student visa allows a person to study in the country. In response, over 100 lawsuits were filed, with more than 50 of the cases ordering the Trump administration to temporarily undo the actions, according to Politico. Five international students — including two from Worcester Polytechnic Institute — filed a separate federal class action lawsuit in New Hampshire federal court that aims to represent more than 100 students in New Hampshire, Massachusetts, Maine and Rhode Island who had their F-1 student immigration status revoked by the Republican administration. Last week, it looked like the Trump administration would reverse course as federal officials said it would reinstate the legal status of international students. However, they also said they were working on a new policy for international students studying in the U.S. to provide a framework for SEVIS legal status terminations. The new guidance, which was released a few days later, allows foreign students to have their legal status revoked for a variety of reasons, including 'exceeded unemployment time.' Read more: 'Games of chicken': Trump reversing foreign student legal status raises concerns 'ICE tried to 'fix' the problem it created, and made it worse,' said Charles Kuck, an immigration attorney who is leading the lawsuit that now represents 351 foreign students who lost their legal status. 'They have not walked them back. They left all these students with status gaps, did not restore all the students, and are, again, revoking SEVIS again for some of those who had been reinstated,' Kuck said. In Massachusetts, foreign students have been especially targeted at Harvard University. Harvard was issued an ultimatum by the Department of Homeland Security (DHS) in an April 16 letter: it could refuse to respond to its demands and lose its Student and Exchange Visitor Program certification allowing international students to study there — 27% of its undergraduate and graduate population — or give up information about its foreign student population. Harvard said it provided DHS 'information required by law' about foreign students' illegal activity and records, but didn't state what information was given. Given ongoing pressures, admitted international students will be allowed to accept admission at Harvard University and at a foreign institution as a 'backup plan.' The lawsuit representing 351 students was originally filed April 14, according to Kuck. To become a class action, it still needs a judge's approval, he said. The lawsuit aims to have the court state that students' legal status and student visas be reinstated to the 'exact immigration and legal position they were in as of March 25, 2025,' according to the filing. It also aims to have the court declare that the termination of students' SEVIS records were 'arbitrary, capricious and unlawful,' declare the revocation of valid visas to be unlawful and order the federal government to remove any inaccurate or defamatory information about the students from 'systems of record.' The lawsuit is unique because it 'attacks the legality of the 'fix' and also addresses the visa revocation,' according to Kuck. The lawsuit claims that ICE had 'no authority' to terminate students' SEVIS records and that the revocations have caused 'imminent concrete and preventable harm,' according to the lawsuit. It further claims that the new policies by the federal government created a slew of legal issues. 'A visa revocation should not, legally, impact a student's immigration status in the United States, yet such a revocation will be treated by ICE in a manner that constructively terminates that student's status by cutting off the ability to work, to study, and to change immigration statuses within the United States," the lawsuit reads. 'My face was on the ... truck': Harvard report details climate of fear for pro-Palestine students 'Willing to capitulate': Cracks emerge in Harvard's resistance to Trump over DEI Harvard hands over foreign student info to feds amid threat from Trump admin An ultimatum for Harvard: Provide info on foreign students or lose them An alum bought a closing Eastern Mass. college. Here's what he plans to do with it
Time of India
02-05-2025
- Politics
- Time of India
Trump administration expands deportation powers over International students
The federal government in the United States has broadened the conditions under which international students can lose their legal status, triggering concern among students and educational institutions. Thousands of foreign students have come under scrutiny in recent weeks following a Trump-era immigration enforcement initiative, which now appears to be reinforced by expanded legal justifications for deportation. According to a report by Associated Press, the change permits the revocation of a visa- previously not the grounds for deportation, to serve as a valid reason to strip a student of legal residency in the US. Immigration attorneys argue that the revised policy effectively justifies past government actions that cancelled student permissions earlier this spring, often without explanation or due process. #Pahalgam Terrorist Attack India's Rafale-M deal may turn up the heat on Pakistan China's support for Pakistan may be all talk, no action India brings grounded choppers back in action amid LoC tensions Policy change enables swift removals Brad Banias, an immigration attorney representing one affected student, told the Associated Press, '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.' Previously, international students with revoked visas were generally allowed to complete their studies in the US., although they could not re-enter the country once they left. The new guidelines eliminate that distinction, enabling immediate deportation after visa revocation. ICE database removals trigger panic In recent weeks, students discovered that their records had been deleted from the ICE-managed Student and Exchange Visitor Information System (SEVIS), prompting some to flee or hide. The Associated Press reported that in response to mounting legal pressure, the government announced it would temporarily restore students' legal status while formal rules were under development. The updated policy was later presented in a court filing. According to the statement by Charles Kuck to AP, an Atlanta-based immigration attorney representing 133 affected students, 'Basically, they're trying to cover what they already did badly by making the bad thing that they did now legal for them to do.' (Join our ETNRI WhatsApp channel for all the latest updates) NCIC checks lead to mass status terminations Live Events You Might Also Like: International students across the US are seeing their visas revoked The Department of Homeland Security used the FBI's National Crime Information Centre (NCIC) database to screen student visa holders. The database includes records of arrests and even dropped charges. According to US District Judge Ana Reyes, around 6,400 students were flagged through this search. One student, Akshar Patel, studying in Texas, had his visa revoked due to a 2018 reckless driving charge that was later dismissed. Patel's name appeared on a list of 734 students forwarded to Homeland Security, where an official responded within 24 hours: 'Please terminate all in SEVIS,' the Associated Press reported. Judge Reyes criticized the lack of individual record review, saying, 'All of this could have been avoided if someone had taken a beat.' She further noted that the government had shown 'an utter lack of concern for individuals who have come into this country.' State Department's role and visa cancellations You Might Also Like: US: New ICE memo puts reinstated international students in danger zone again In parallel, the State Department cancelled visas for students. Secretary of State Marco Rubio cited involvement in pro-Palestinian protests as one of the reasons, stating that such actions harmed US foreign policy interests. However, he also admitted that some cancellations were unrelated to protests, saying, 'just having to do with potential criminal activity.' Rubio added, 'If we knew this information about them before we gave them a visa, would we have allowed them in? If the answer is no, then we revoke the visa.' He emphasized, 'Your visa is expired, your visa is revoked, you have to leave. There is no right to a student visa.' Campus disruption and legal uncertainty The visa revocations created confusion across campuses. In some cases, students were told to immediately stop attending classes or working. Officials later clarified that being flagged in the database was meant to be an 'investigative red flag,' not an automatic termination of legal status. Judge Reyes declined to grant a preliminary injunction but urged both parties to reach a settlement that would allow Patel to continue staying in the US. The broader impact of the policy change remains uncertain, with further legal challenges likely in the weeks ahead.
Time of India
01-05-2025
- Politics
- Time of India
US: New ICE memo puts reinstated international students in danger zone again
International students whose SEVIS records were recently restored may find themselves in precarious situations again due to a newly released internal memo from Immigration and Customs Enforcement (ICE), The Times of India reported on May 1. The ICE has not 'unrevoked' the SEVIS registration back to the original date of the error (the date when the record was terminated), ToI's report (by Lubna Kably) said quoting Charles Kuck, a founding partner at Kuck Baxter, an immigration law firm. #Pahalgam Terrorist Attack A Chinese shadow falls on Pahalgam terror attack case probe How India can use water to pressure Pakistan Buzzkill: How India can dissolve the Pakistan problem, not just swat it "Instead, they reinstated it effective April 24. As a result, these international students now have a gap in their SEVIS records, which, according to ICE's updated policy, places them out of status during that period,' it said. Being classified as out of status can have severe repercussions. Such consequences may include a prohibition on re-entry for a specified duration (either 3 or 10 years), potential deportation, and complications with future visa applications. A memo reviewed by TOI outlines specific instructions for Student and Exchange Visitor Program (SEVP) managers regarding the termination of SEVIS records. Play Video Pause Skip Backward Skip Forward Unmute Current Time 0:00 / Duration 0:00 Loaded : 0% 0:00 Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 1x Playback Rate Chapters Chapters Descriptions descriptions off , selected Captions captions settings , opens captions settings dialog captions off , selected Audio Track Picture-in-Picture Fullscreen This is a modal window. Beginning of dialog window. Escape will cancel and close the window. 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Boite A Scoop Undo Termination can occur for various reasons, including failure to report employment while on Optional Practical Training (OPT), approval of a change of status from F-1, non-compliance with F-1 visa requirements, withdrawal from an educational institution, and 'revocation of a visa by the Department of State (DOS).' (Join our ETNRI WhatsApp channel for all the latest updates) The memo specifies, 'A terminated record in SEVIS could signify that the non-immigrant no longer holds F or M status.' F visas are designated for academic studies, while M visas are intended for vocational training. Live Events It is important to note, however, that termination does not automatically lead to negative consequences. This interpretation has faced legal challenges, leading several district courts to grant temporary restraining orders in favor of international students. According to the memo, ICE may undertake additional investigations or commence removal proceedings following a SEVIS termination. Moreover, the memo indicates that 'DOS may revoke an alien's visa at any time, at its discretion.' The DOS can consider negative information provided by ICE and other U.S. law enforcement agencies when deciding on visa revocation for an individual. If DOS revokes a visa immediately, ICE is instructed to take measures to initiate removal proceedings. The memo also asserts that should DOS revoke a non-immigrant visa with immediate effect, SEVP is mandated to terminate the SEVIS record since such a revocation can serve as grounds for removability. Greg Siskind, founding partner of Siskind Susser, an immigration law firm, said, 'We anticipate that many individuals who were reinstated will once again experience SEVIS terminations. Essentially, ICE has indicated that they will terminate records whenever DOS revokes a visa. Furthermore, DOS may revoke a visa for vague reasons without providing due process to explain the rationale behind the revocation. The Trump Administration relies on the argument that DOS's decisions are not subject to judicial review.' As previously reported by TOI on April 26, the SEVIS records of some international students that had been terminated suddenly appeared as 'active.' SEVIS is the online information system utilized by U.S. agencies to track and monitor international students throughout their studies. Following the SEVIS terminations that began in late March and early April, many students, particularly those from India, were advised by their Designated School Officials (DSOs) to leave the United States. Some students chose to remain and have since pursued legal action. During various court hearings, ICE officials claimed that the agency was restoring the SEVIS records and was in the process of developing a policy framework for SEVIS record terminations. 'Until such a policy is issued, SEVIS records will remain active or will be reactivated. ICE will not alter the SEVIS records solely based on the National Crime Information Center (NCIC) findings that led to the recent SEVIS terminations…' the agency stated. It may be noted here that the NCIC is a central repository for crime-related data maintained by the Criminal Justice Information Services Division (CJIS) of the FBI, providing access to various US law enforcement entities. However, the newly issued ICE memo has introduced additional complexities. Key questions now confronting international students include whether the SEVIS reactivations will be treated as retroactive, whether the time between termination and reinstatement is considered unlawful presence, and whether students still face the risk of detention or deportation. Immigration attorneys anticipate that class action lawsuits and individual legal actions will be initiated in the coming days to seek clarity on these issues.
