Latest news with #PhillipKuck
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
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.
