21-04-2025
WMU international students file lawsuit over status change
KALAMAZOO, Mich. (WOOD) — Three Western Michigan University international students are part of a growing lawsuit coming in the wake of federal officials terminating records in a system that tracks their enrollment status.
Students from Missouri, Ohio, Wisconsin and Michigan schools are part of a federal lawsuit filed in the Western District of Michigan on April 14 against the Department of Homeland Security and Customs and Immigration Enforcement. They claim the termination of their status in the Student and Exchange Visitor System was unlawful.
Attorneys say more than 50 other students could be added to the case.
In a redacted complaint sent to News 8, the student SEVIS status was terminated earlier this month. The reason government officials stated in an email was 'OTHERWISE FAILING TO MAINTAIN STATUS: Individual identified in criminal records check and/or has had their VISA revoked. SEVIS record has been terminated.'
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Some students were notified by federal officials; others were only told after university staff checked on SEVIS status. Attorneys believe federal officials looked for any instance participating students interacted with law enforcement. Then, their SEVIS status was changed.
'They never told universities that they were terminating the records, and they never informed the university that this termination reason meant they are not eligible to continue classes,' said Adriana Kemish, an associate attorney for the Law Office of Amy Maldonado.
Last week, WMU leaders shared that six students so far had their SEVIS status terminated, with one student's visa revoked that the university is aware of.
Student interactions with police noted in the lawsuit ranged from dismissed traffic tickets to a wrongful accusation.
According to the complaint, one WMU student is a 27-year-old man from India who is expected to graduate this year with a master's in industrial engineering. He completed probation in January and a misdemeanor retail fraud case was dismissed. A speeding violation was also dismissed.
Attorneys in the complaint said that whether or not the dismissal is considered a 'conviction' in immigration law, it does not make the student removeable or inadmissible form the U.S.
Student status change worries WMU students, organizations
The second student is a 27-year-old man from Nepal who previously graduated from WMU with a bachelor's and master's degrees in aerospace engineering. In his record is one traffic violation, which lawyers say was dismissed after he paid a fine.
A third student is a 31-year-old woman who is a Chinese citizen. The doctoral education student is married to a US citizen, has a daughter who is a US citizen daughter, and is expecting another child. In December 2020, she got a speeding ticket in Nebraska, which was later dismissed the following year.
'She's terrified that her entire family is going to be torn apart. We have individuals just finishing up their doctorates on how to safely land humans on the moon and Mars. Like this is their entire future,' said Kemish. 'It's at stake, they are at stake of being removed. They are at stake of not being able to continue their work authorization and finding employment opportunities in the United States. I mean, these are these individuals' whole entire lives.'
Federal officials have already pushed back on the complaint in a filing submitted Friday.
Attorneys said staff with DHS and ICE did not delete the students from SEVIS or terminate their nonimmigrant status.
One of the reasonings given to denying the temporary restraining order is that the students fail to show the action caused any 'immediate irreparable harm.'
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'Being granted a visa to live and study in the United States is a privilege not a right. The State Department makes specific determinations about visa revocations when an individual poses a threat to national security,' said DHS Assistant Secretary Tricia McLaughlin.
The lawsuit is expected to be heard in court on Tuesday where attorneys for the students will be arguing for a temporary restraining order.
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