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India Today
01-05-2025
- Politics
- India Today
Fresh deportation fear among international students in US after ICE memo
Fresh fear has gripped some international students in the US, including those from India, after a new internal memo from Immigration and Customs Enforcement (ICE). It is ICE that is behind the recent spate of deportations. Despite the recent reinstatement of their SEVIS student records after a mass termination, the new memo states students might face issues if they have a gap in their Student and Exchange Visitor Information System (SEVIS) is maintained by the US Department of Homeland Security and tracks the immigration status of international students and exchange memo to all SEVIS personnel, which fall under ICE, showed an expanded list of criteria for ICE to terminate foreign-born students' legal status in the US, including a "US Department of State Visa Revocation (Effective Immediately)." It was filed in court by the Justice Department on Monday night and dated Saturday, NBC News legal experts note that students were generally entitled to due process before any action is taken against their status. Under the new memo, though, simply having a visa revoked is now enough to justify terminating a student's legal status."A terminated record in SEVIS could indicate that the non-immigrant no longer maintains F or M status," the memo read, The Times of India the past, international students could fall out of legal status for various reasons — such as dropping out of school, losing work authorisation, or being involved in specific criminal SEVIS termination, ICE may conduct further investigation or initiate removal proceedings, according to the report in records can now be terminated for a number of reasons, ranging from "exceeded unemployment time" to "violation of change of status requirements," the memo stated."When SEVP has objective evidence that a nonimmigrant visa holder is no longer complying with the terms of their nonimmigrant status for any reason, then the SEVIS record may be terminated on that basis," the memo ICE MEMO CREATES UNCERTAINTY FOR INTERNATIONAL STUDENTSCharles Kuck, founding partner of immigration law firm Kuck Baxter, discussed this on X."It turns out that ICE did not 'unrevoke' the SEVIS registration on the date of their screw-up. They did their 'unrevocation' as of 4/24 (April).""That means all of these students now have a gap in their SEVIS records, which, according to ICE's new policy, rendered them out of status during that time. This will almost certainly have an effect when adjudicating change of status and other applications," he US Citizenship and Immigration Services (USCIS) is a government agency that oversees lawful immigration to the United States.A lapse in SEVIS status can pose severe immigration consequences, such as accruing unlawful may result in a 3-10-year ban from re-entering the US, complications with future visa approvals, or, in some cases, removal from the country.F visas are issued to students pursuing academic programs, while M visas are designated for those enroled in vocational or technical it also states that termination does not necessarily result in adverse consequences—a position that has been legally contested and has resulted in temporary restraining orders being passed in favour of the international students by several district GIVES ICE POWER EARLIER DENIED BY COURTS: IMMIGRATION ATTORNEYJath Shao, a Cleveland-based immigration attorney representing international students affected by the visa revocations, felt that the new policy posed a new set of challenges for students."ICE has now done their homework and issued this memo to give themselves the power that judges just told them they didn't have," NBC News quoted Shao as saying."Students should be concerned that even minor problems can have serious consequences and should consult a lawyer if there is anything in their past to worry about," Shao added. advertisement
Yahoo
30-04-2025
- Politics
- Yahoo
An ultimatum for Harvard: Provide info on foreign students or lose them
Today is the deadline for Harvard University to respond to the Department of Homeland Security after receiving a April 16 letter to respond to a list of demands. Harvard is faced with an ultimatum: it could refuse to respond to its demands and lose a key certification allowing international students to study there — 27% of its undergraduate and graduate population — or give up information about its foreign student population. If the federal government revokes the certification, Harvard could go to federal court to ask for an injunction to temporarily keep it. Harvard has already filed a lawsuit against the Trump administration following its threat to pull billions of dollars in funding or respond to another list of demands. Those demands called for an overhaul of the institution, including changes to government and leadership and to the university's admissions policies. Read more: Trump is threatening to block international students from Harvard. Is that legal? 'It's one of our premier institutions in the United States. If Harvard caves, others will cave. And we could kiss goodbye the independent higher education system we have in the United States. It's gone if Harvard caves. This is that kind of moment,' said Charles Kuck, former president of the American Immigration Lawyers Association. The Department of Homeland Security's demands included providing information about student visa holders' known illegal activity, threats and dangerous or violent activity. It also requested that the institution provide any information if the students obstructed the learning environment and if they are completing the minimum required coursework to 'maintain nonimmigrant student status.' By responding to the demands, it would likely put foreign students at Harvard in jeopardy, according to Kuck. It could lead to the students being arrested, such as Tufts University doctoral student Rümeysa Öztürk or Mahmoud Khalil, a lawful U.S. resident who was a graduate student at Columbia until December. 'They're going to go after those people 100%. This is like watching 'V for Vendetta.' This time V is a bad guy. This is all about vengeance. It's all about punishing people for exercising and following their conscious and their constitutional rights, including foreign students,' Kuck said. Following the communication from DHS, Harvard told admitted international students that they could accept admission at Harvard and at a foreign institution as a 'backup plan' due to 'recent events' in the U.S. and at Harvard, according to the Harvard email. In a letter to Harvard last week, Department of Homeland Security Secretary Kristi Noem said having foreign students attend Harvard is a 'privilege' and 'not a guarantee.' Noem directed Harvard to submit eight pieces of information to the department on or before April 30, 2025. They include: Provide relevant information regarding each student visa holder's known illegal activity, and whether the activity occurred on campus. Provide relevant information regarding each student visa holder's known dangerous or violent activity, and whether the activity occurred on campus. Provide relevant information regarding each student visa holder's known threats to other students or university personnel, and whether the activity occurred on campus. Provide relevant information regarding each student visa holder's known deprivation of rights of other classmates or university personnel, and whether the activity occurred on campus. Provide relevant information on whether any student visa holders have left Harvard University due to dangerous or violent activity or deprivation of rights, and whether the activity occurred on campus. Provide relevant information on whether any student visa holders have had disciplinary actions taken as a result of making threats to other students or populations or participating in protests, which impacted their nonimmigrant student status. Provide relevant information regarding each student visa holder's obstruction of the school's learning environment. Provide relevant information regarding each student visa holder's maintenance of at least the minimum required coursework to maintain nonimmigrant student status. If Harvard doesn't comply with the request, Noem said it will 'be treated as a voluntary withdrawal' and the SEVP certification will be automatically taken away from Harvard without subject to appeal. Whether the federal government can revoke Harvard's certification to host international students is up for debate. Specific regulations give the federal government leeway to determine if an institution — in this case, Harvard — is not complying with certification standards, said Jonathan Grode, managing partner at immigration law firm Green and Spiegel. 'Whether or not they're an overreach, a misinterpretation, these are things that the courts would decide,' Grode said. In a 'normal world' there wouldn't be a chance that Harvard would lose its certification, given its global prominence and because it isn't frequently taken away, and, when it has, it is due to some sort of fraudulent activity. To Kuck, the Trump administration has a weak case, in part because it isn't going through the right legal steps. He said the federal government is asking for information that isn't pertinent to the certification to host international students. 'The questions they're asking have nothing to do with the certification of the program,' Kuck said. 'The government cannot act in an arbitrary and capricious way. This is the very definition of arbitrary and capricious,' Kuck said. The worst-case scenario for Harvard, if it does go through legal proceedings over the demands, is that they lose in court 'years from now,' Kuck said. At that point, Trump won't be president and the next president could reinstate the certification for Harvard, he said. 'That's the worst case scenario, but they'll be heroes,' he said. An alum bought a closing Eastern Mass. college. Here's what he plans to do with it How Trump's approach to antisemitism mirrors a lesser-known relative of Project 2025 Harvard task force reports reveal discrimination, hate on campus, president apologizes State pours $25M into scholarship program for counselors, social workers This is when a judge will hear arguments in Harvard v. Trump administration lawsuit Read the original article on MassLive.
Yahoo
25-04-2025
- Politics
- Yahoo
International Utah students' records being reinstated, lawyer confirms
SALT LAKE CITY () — One of the immigration attorneys who against the Department of Homeland Security (DHS) has confirmed that international students' Student and Exchange Visitor Information System (SEVIS) accounts are being reinstated. Phillip Kuck, the immigration attorney, confirmed to ABC4 that U.S. Immigration and Customs Enforcement (ICE) has begun reversing the termination of those records. 'For all international students who have seen their SEVIS records terminated in recent weeks, it does appear that ICE is reversing the SEVIS terminations of international students, which allows them to lawfully complete their studies and OPT programs,' Kuck said in an email to ABC4. Utah international students file lawsuit against Department of Homeland Security , was filed by eight international students from several countries who had their SEVIS accounts terminated while studying in Utah. According to the lawsuit, DHS violated students' Fifth Amendment rights on the basis that they had no notification or opportunity to contest the decision. The lawsuit asked that the court restore the students' SEVIS registration, nonimmigrant student status, and curricular practical training (CPT) or optional practical training (OPT). It did not ask that visas be reinstated at this time, though it stated 'said revocations appear to have been taken in bad faith.'. NATIONALLY: ICE restoring international students' visa registrations However, the reinstatement of these SEVIS records does not return the revoked visas to students. 'It does not appear (at the moment) that the Department of State plans to reinstate any visa revocations,' Kuck stated. According to an article , in a Friday court filing, Assistant U.S. Attorney Mark Sauter said ICE told him was going to restore SEVIS records. ICE is putting together a 'framework for SEVIS record terminations,' and will reverse the termination of records until that framework is established. PREVIOUSLY: BYU PhD Student will not be deported, lawyer says Last week, a was reinstated after this lawsuit was filed. Adam Crayk, his attorney, was not able to say for sure it was due to the lawsuit, but 'it was the right course of action.' The reversals of SEVIS termination appear to be in line with the lawsuit's demands, and ABC4 has reached out to ICE for more information on why they are now restoring these students' accounts. MJ Jewkes contributed to this report. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
25-04-2025
- Politics
- Yahoo
Judge to make ruling after injunction hearing involving international students' visas
An injunction hearing in the international student visa termination case wrapped up on Thursday. Now, the judge says she'll rule in the coming days. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks] A slight delay for attorneys representing the dozens of international students who had their U.S. visas terminated this month. 'What does it cost America to tell foreign students to go home?' attorney Charles Kuck asked. Inside a federal courtroom Thursday, the judge heard arguments during an injunction hearing, but ultimately decided to make her ruling in a few days. 'This is these students' chance to stay in the United States and finish their degrees,' Kuck told Channel 2's Audrey Washington. TRENDING STORIES: Ex-Clayton County deputy indicted after allegedly slamming inmate's head into wall, tasing him Fulton County deputy shot in downtown Atlanta, officials say Girl allegedly made threat against northeast GA high school after boy didn't go with her to prom The judge said she'll make her decision before the temporary restraining order that she put in place. It's set to expire on May 1. At issue, accusations that U.S. Immigration and Customs Enforcement (ICE) illegally revoked the immigration status of more than 100 international students without due process. The lawsuit states that ICE used the student and exchange visitor information system to terminate the students' immigration records. But the government argued under current laws and regulations, the cancellations were valid. [SIGN UP: WSB-TV Daily Headlines Newsletter] The judge asked the attorney representing the government how the records were terminated. But the attorney said he was unsure. Next, both sides will submit more documents to the judge before she makes her ruling. Currently, all the students in the lawsuit are still protected by the temporary restraining order but their attorneys talked about filing a class action lawsuit.
Yahoo
21-04-2025
- Politics
- Yahoo
Lawsuits seek to restore dozens of foreign students' legal status amid targeting by immigration authorities
Scores of foreign students across the country are included in a pair of sweeping lawsuits that allege the Trump administration unlawfully stripped them of their legal status amid a broader crackdown on immigration. By CNN's tally, more than 1,000 students and graduates have had their visas or statuses revoked, undermining their ability to remain in the US and continue their studies. Cases have ranged from high-profile instances involving alleged support of terror organizations to relatively minor offenses, like years-old misdemeanors. While some affected students have brought individual cases, at least two federal lawsuits aim to represent large swaths of students at once – more than a hundred in each. 'I can file 133 lawsuits, but I think the court wouldn't be happy about that, so we're filing one,' Charles Kuck, the attorney for one of the cases and former president of the American Immigration Lawyers Association, told CNN Sunday. Lawyers are expensive; grouping the cases together, Kuck said, made it possible for the plaintiffs to afford representation while ensuring his firm, Kuck Baxter, could litigate the case. Both cases are focused on the plaintiffs' lawful status as foreign students, which the lawsuits argue is distinct from the visa allowing them entry into the United States: The complaints allege the government unlawfully stripped the students of their status, leaving them vulnerable to detention or deportation. Kuck told CNN he was aware of at least 10 other lawsuits filed on behalf of international students that made similar arguments. Here's what we know. At the heart of both lawsuits is the difference between a foreign student's visa and their legal status as a student. There are several types of visas for international students studying in the United States. Both lawsuits deal with F-1 visas, among the most common type of student visa. The visa, however, is distinct from a student's status, these lawsuits argue: The visa allows foreign students to enter the United States. Once admitted, they must 'maintain' their status by pursuing their course of study, avoiding unauthorized employment and adhering to other rules. While a person's legal status – their ability to remain in the United States – is determined by US Citizenship and Immigration Services, part of the Department of Homeland Security, visas are issued by the State Department. DHS may initiate the termination of status for several reasons, one of the lawsuits notes, including by revoking a special waiver issued on the individual's behalf, the introduction of a private bill to make them a permanent resident, or following a notification to the federal register citing national security, diplomatic or public safety reasons. The expiration of an exchange visitor visa does not typically mean that person is immediately considered to be in the US illegally: ICE's website notes someone can stay in the US even if their F-1 visa is expired – so long as they maintain their status. Neither lawsuit challenges the students' visa revocations – rather, they allege the Trump administration unlawfully terminated the plaintiffs' legal status, kneecapping the students' ability to continue working and studying in the United States and jeopardizing their plans for completing their programs. The first lawsuit – initially filed in the Northern District of Georgia on April 11 – originally included 17 foreign students attending colleges and universities in Georgia, Louisiana, Arizona, Texas, North Carolina, New Hampshire, Missouri, Illinois and New York. Nine of those students were from India; five were from China and one each were from Colombia, Mexico and Japan. The case has since ballooned, with 133 foreign students included among the plaintiffs –– all of whom are identified using pseudonyms 'due to fear of retaliation by Defendants.' US Attorney General Pam Bondi, Secretary of Homeland Security Kristi Noem and Acting US Immigration and Customs Enforcement Director Todd Lyons are all named as defendants. CNN has reached out to the White House, Department of Homeland Security, Immigration and Customs Enforcement and the Attorney General's office for comment. On Friday, a federal judge issued a temporary restraining order directing the government to reinstate the plaintiffs' student status by Tuesday while the case proceeds. The complaint argues the Trump administration terminated their statuses by removing the students from the Student and Exchange Visitor System, or SEVIS – an online database schools use to provide the government legally required information about international students. According to the complaint, the plaintiffs' SEVIS records were marked as 'OTHER - Individual identified in criminal records check and/or has had their VISA revoked. SEVIS record has been terminated,' or 'Otherwise Failing to Maintain Status.' The lawsuit acknowledges some of the plaintiffs have faced criminal allegations or charges, but none have a criminal conviction. None have violated the restriction that requires they not be convicted of a violent crime carrying a sentence longer than one year, the lawsuit says. For example, Jane Doe 1, a college student in Georgia, believes she is being targeted for a domestic violence case dismissed in February because 'there was no underlying proof of any crime,' the complaint says. John Doe 2, also a Georgia student, believes he's being targeted for traffic citations, including driving with an expired license plate while his driver's license was withdrawn; his case was ultimately closed. Regardless, the revocation of a visa is not grounds for the termination of student status, the lawsuit argues: 'A nonimmigrant visa controls a noncitizen's admission into the United States, not their continued stay.' 'Rather,' the lawsuit says, 'DHS's act of unlawfully terminating SEVIS records appears to be designed to coerce students, including each Plaintiff, into abandoning their studies and 'self-deporting' despite not violating their status.' Attorneys for the plaintiffs celebrated the Friday ruling. Another hearing is set for Thursday. 'We believe this ruling shows the students are likely to prevail on their claims and we are pleased the court ordered the government to halt its unlawful actions while the lawsuit continues,' Akiva Freidlin, a senior staff attorney at the American Civil Liberties Union of Georgia said in a statement Saturday. The second lawsuit contains similar arguments. Filed Friday in the District of New Hampshire, it so far represents five international students: Three, all from India, attend Rivier University in New Hampshire, while two others are from China and attend the Worcester Polytechnic Institute in Massachusetts. However, the suit proposes to represent far more: The plaintiffs' attorneys have asked the court to certify the case as a class action, which means it could include many other students in similar situations. The lawsuit notes at least 112 students have had their F-1 status terminated in New Hampshire, Maine, Massachusetts, Rhode Island and Puerto Rico. Sec. Noem, acting ICE Director Lyons, DHS and ICE are all named among the defendants. Again, the plaintiffs allege they were stripped of their student statuses unlawfully. One of the plaintiffs, a 23-year-old, claims to have received an email this month from his school notifying him his SEVIS record indicated he had failed to maintain status. 'Individual identified in criminal records check and/or has had their VISA revoked,' it read, according to the lawsuit. 'SEVIS record has been terminated.' The language closely echoes that cited in the Georgia case. The New Hampshire lawsuit also acknowledges the students had faced run-ins with police, mostly for traffic-related offenses. 'The only criminal matters the individual Plaintiffs have encountered are either dismissed non-violent misdemeanor charges or driving without a valid US driver's license (but using an international or foreign driver's license),' the lawsuit says. 'While Defendants' reasons for these mass terminations of student status are unclear, what is clear is that these terminations – across the board – flout the applicable regulations governing student status termination and the regulations governing failure to maintain student status.'
