Latest news with #PriyaSaxena
India Today
16-05-2025
- Politics
- India Today
US court protects Indian PhD graduate Priya Saxena from deportation
A federal court has issued a preliminary injunction protecting Priya Saxena, a 28-year-old Indian student and recent PhD graduate, from deportation after the Department of Homeland Security (DHS) attempted to revoke her valid F-1 student who recently received a doctorate in chemical and biological engineering from the South Dakota School of Mines & Technology, faced unexpected visa revocation by the Trump administration in cited a 'criminal record' as the reason for cancellation, a claim her attorney strongly rejected. The only incident on her record was a minor 2021 traffic violation — failure to yield to an emergency vehicle, for which she paid a nominal fine. Despite the charge having no bearing under immigration law as a deportable offense, DHS moved to revoke her SEVIS status without prior notice or the opportunity for her to attorney, Jim Leach, said Saxena had fully disclosed the infraction during her original visa application, and her F-1 visa, valid until 2027, had been issued after a thorough review. A suspected DUI from the same year was dismissed following a negative blood test."The government reissued her visa and then comes back three and a half years later and says, 'Oh, wait a minute. Get out of the country now,'" Leach told NBC News. "It just makes no sense."advertisementSaxena challenged the government's actions in court, arguing that DHS had violated the Administrative Procedure Act and her Fifth Amendment right to due granted a temporary restraining order that allowed her to complete her studies and attend graduation, the court extended that protection Thursday with a preliminary injunction. This allows her to remain in the US and apply for Optional Practical Training (OPT), a program that permits international graduates to work in their who holds both a PhD and a master's degree in chemical engineering from the same institution, recently received her doctorate in a graduation ceremony that drew attention for reasons beyond she was cheered by fellow students and faculty, South Dakota Governor Kristi Noem, who received an honorary degree during the same event, faced vocal who previously served as Secretary of Homeland Security under the Trump administration and has returned to the role under his revived leadership, is leading one of the nation's most aggressive deportation protester outside the graduation ceremony held a sign that read: 'A doctorate in graft I could understand,' while chants of 'No honor for Noem' rang through the streets.
The Guardian
16-05-2025
- Politics
- The Guardian
Indian PhD graduate granted protection from deportation by federal judge
An Indian PhD graduate who was studying at a university in South Dakota, whom the Trump administration has been attempting to deport, was granted an injunction by a federal judge, allowing her to stay in the country after having received her degree. Priya Saxena's student visa was terminated by the Trump administration in April, which would have prevented her from completing her doctoral program and graduating on 10 May. According to court documents, Saxena's student visa was revoked due to having a 'criminal record', but her only infraction was from a minor 2021 traffic violation – 'failure to stop for emergency vehicle' – for which she paid a small fine. According to her attorney, immigration law states the minor infraction is not a deportable offense. Due to her visa being terminated, which was still valid until February 2027, her Student Exchange Visitor Program (SEVIS) record was deleted. The SEVIS system is the Department of Homeland Security's database to keep track of international students with visas. Due to her SEVIS record being terminated, she was not allowed to continue her studies. Saxena and her attorney sued the Trump administration in mid-April and were granted a temporary restraining order by a federal judge, allowing her to complete her doctorate and graduate this past weekend. This week, a federal judge in South Texas granted her a preliminary injunction, allowing her to stay in the country and blocking the Department of Homeland Security (DHS) from arresting and detaining her without court approval. In her decision, the judge said that DHS's actions 'appear unlawful and are likely to cause Saxena irreparable harm'. 'The rule of law saved an innocent person from unlawful action by this administration,' her attorney told NBC News. 'Dr Saxena is exactly the kind of person we should want in this country.' The Trump administration has been pursuing international students throughout the country, attempting to deport them from country. Some students, such as Saxena, have been targeted by the DHS due to minor infractions. Other students, such as with the case of Mahmoud Khalil and a number of others, have had their visas revoked by the state department due to their pro-Palestinian activism. Sign up to First Thing Our US morning briefing breaks down the key stories of the day, telling you what's happening and why it matters after newsletter promotion The DHS has faced numerous legal challenges for its attempts to target international students who are in the country legally. During one hearing, the DHS revealed last month that it ran the names of more than 1 million international students through an FBI database to search for any criminal history. The search turned up 6,400 hits, which led to the DHS's revocation of visas for those students. Saxena's attorney submitted a document on Thursday seeking a permanent injunction.
Yahoo
15-05-2025
- Politics
- Yahoo
Judge grants Mines student injunction against DHS
SIOUX FALLS, S.D. (KELO) – A district judge granted a preliminary injunction for a graduate School of Mines student's immigration records and visa after the Department of Homeland Security (DHS) attempted to terminate her status before graduation. On May 13, the western district court of South Dakota held an evidentiary hearing on the motion for a preliminary injunction. The court granted the motion on May 15, according to court documents. COURT DOCS: 8 arrested in Madison ICE raid Court documents said Priya Saxena can stay in the U.S. under her current F-1 student visa, which is set to expire in 2027, and DHS cannot take immigration enforcement action to terminate her SEVIS records or revoke her student visa retroactive to April 4. Further, DHS cannot transfer Saxena out of the jurisdiction of the District of South Dakota. If DHS found a lawful reason to terminate Saxena's immigration records or visa, then DHS must provide notice to her and the court 15 days prior to termination. Originally from India, Saxena lawfully obtained a student visa in January 2020 to enroll at the South Dakota School of Mines and Technology, court documents said, and she graduated with a doctoral degree in Chemical and Biological Engineering on May 10, 2025. But the path to her degree wasn't easy after a possible deportation in April. On April 4, 2025, DHS terminated Saxena's SEVIS record and revoked her student visa, due to a 'criminal records check,' according to court documents. In 2021, Saxena faced a DUI charge, according to court documents, but a court dismissed the charge after Saxena plead guilty and paid a fine. Court documents said her visa was renewed in 2022 after a hearing. According to court documents, DHS failed to inform Saxena about the update to her immigration status, as her designated school official (DSO) informed her on April 7. On April 16, the School of Mines told Saxena that she couldn't graduate in May without lawful immigration status. More importantly, the record and visa termination threatened Saxena's ability to apply for optional practical training (OPT), a resource that would further her academic opportunities and future career, court documents said. The next day, Saxena filed a lawsuit against DHS Secretary Kristi Noem and Todd Lyons, acting director of U.S. Immigration and Customs Enforcement (ICE). Court documents said Saxena's lawsuit raised two claims: Unlawful termination of her SEVIS record, violating the Administration Procedure Act (APA); Violation of her rights to due process, violating the Fifth Amendment of the U.S. Constitution. Additionally, Saxena moved for a temporary restraining order (TRO), as well as a preliminary and permanent injunction. Local News Rapid City teen assaults train operator On April 18, the court granted a TRO, requiring Noem and Lyons to reinstate Saxena's immigration records and status retroactive to April 4, and take no further action to terminate such. The TRO expires on May 16, according to court documents. Afterwards, Saxena's immigration records and visa were reinstated, and she was able to complete her program and graduate on May 10. On May 15, the court granted Saxena' preliminary injunction. A preliminary injunction is a court order requiring the preservation of the status quo until the courts decides on the final merits of the case, court documents said. The court must consider the following factors to grant a preliminary injunction, as defined by court documents: The threat of irreparable harm on the plaintiff The state of balance between this harm and the injury that granting an injunction will inflict on defendants The probability that the plaintiff will succeed on the merits Public interest According to court documents, the court granted a preliminary injunction on the following merits: Threat of irreparable harm: the court agreed with Saxena's claims of harm, if her status were terminated again, on the basis of loss in academic progress, such as the previous threat to a timely graduation and potential inability to apply for OPT to further her career. Balance of hardships and public interest: The court found that the defendants showed no evidence that they'd receive harm if a preliminary injunction were to be placed, while Saxena proved there would be harm to her if it weren't in place. Further, the court found that the defendants' enforcement of immigration law was unlawful and likely to cause Saxena irreparable harm, which gives Saxena more favor of public interest. Likelihood of success on the merits: the court found four reasons for this merit: mootness, finality of agency actions, the court's jurisdiction, and the APA claim. First, although Saxena's SEVIS record was reinstated, her claims are not moot because the defendants failed to show that re-termination of her record is not reasonably expected to reoccur. Second, the court agreed that the termination of a F-1 student visa as a final agency action. Third, the court can rule on the matter of Saxena's immigration record and visa because she's not challenging a decision to go forward with removal proceedings. And finally, the court agreed that Saxena can succeed on her APA claim because she hasn't committed violations for lawful termination of her visa. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
13-05-2025
- Politics
- Yahoo
International student recounts ‘numb' feeling after receiving email about her potential deportation
Priya Saxena, center, receives congratulations from her attorney, Jim Leach, foreground, after graduating with a master's and doctoral degree from South Dakota Mines on May 10, 2025, in Rapid City. (Seth Tupper/South Dakota Searchlight) RAPID CITY — Priya Saxena was staying up late to read comments about her doctoral dissertation around 1 a.m. on April 7 when she saw the message in her email. 'I was numb at the time,' she testified through tears Tuesday in a Rapid City courtroom, where she continued her fight to remain in the country. The email from U.S. immigration officials said her visa was revoked. Saxena called some friends and holed up in her bedroom. 'I was scared,' she said, 'and I had no idea what to do next.' Her fear was based on the realization that 'I could be deported at any time,' she said. A student from India, she was less than a month away from graduating with master's and doctoral degrees from South Dakota Mines, something she'd been working toward for five years. Noem's honorary degree sparks protest; meanwhile, a student she's trying to deport earns a doctorate Her visa revocation was triggered by a criminal records check of international students undertaken by the Trump administration. The check turned up a four-year-old misdemeanor traffic conviction against Saxena, for failing to pull over for an emergency vehicle in Meade County. The check also turned up a charge of driving under the influence against her from the same 2021 traffic stop, but her blood tested within the legal limit and the charge was dismissed. She had disclosed those legal matters to immigration officials when she obtained her most recent visa in 2022. The criminal records check was part of a broader action by the Trump administration against more than 1,000 international students nationwide, not only for items appearing on their records but also for activity the administration described as 'anti-Semetic,' such as publicly protesting Israel's war against Hamas in Gaza. The administration initially terminated students' records in the Student and Exchange Visitor Information System, which is used by colleges to verify and manage international student eligibility. Then the administration backtracked, leaving students such as Saxena with restored educational status but in limbo with their visas and their future. Saxena testified that she decided to book a plane ticket to India and leave the country voluntarily, but then postponed the ticket and ultimately canceled it after speaking to a defense attorney in Rapid City, Jim Leach. Since then, they've sued U.S. Homeland Security Secretary Kristi Noem — the former governor of South Dakota — and Noem's agency. The lawsuit alleges it's illegal for the government to instigate an immigration enforcement action against Saxena for something the government already knew about before it issued her current visa. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX With her degrees now in hand, and her visa not scheduled to expire until 2027, Saxena would like to apply for a program that allows international students to remain in the country and work in fields related to their degrees. Saxena has a doctorate in chemical and biological engineering and a master's in chemical engineering. U.S. District Judge Karen Schreier granted Saxena a temporary restraining order last month and extended it long enough for her to walk across the graduation stage and collect her degrees on Saturday at South Dakota Mines — the same day Noem appeared at another South Dakota institution, Dakota State University in Madison, to receive an honorary degree and deliver a commencement address. Noem was met by hundreds of protesters outside that ceremony. On Tuesday, as Saxena was in court in Rapid City, Immigration and Customs Enforcement was conducting a 'worksite enforcement action' in Madison, where the agency made an undisclosed number of arrests at two Madison businesses. ICE makes arrests in South Dakota city where Noem was subjected to a protest three days earlier Saxena's restraining order is scheduled to expire at the end of this week. Her court hearing Tuesday was about her request for a temporary injunction. That would stop the government from pursuing any further immigration enforcement proceedings against her while her lawsuit is pending. Judge Schreier heard testimony and arguments and said she'll issue a written decision in the next few days. Leach argued that Saxena needs protection from unlawful and unpredictable actions by Immigration and Customs Enforcement. He referenced the agency's widespread deportation efforts under President Donald Trump and its shifting policies. 'Everybody's afraid of ICE now, and she's afraid,' Leach said of Saxena. Michaele Hofmann, an assistant U.S. attorney, argued that a temporary injunction would improperly restrain the government from taking further action if Saxena engages in additional criminal activity, or if Saxena violates the terms of her U.S. residency in other ways. Hofmann argued that if a temporary injunction is granted, it should be narrowly tailored to allow the government to act in response to those possibilities.
Daily Mail
12-05-2025
- Politics
- Daily Mail
Kristi Noem's honorary degree event draws scrutiny
Published: Updated: Kristi Noem faced the ultimate humiliation as she accepted an honorary degree on stage in South Dakota on Saturday. On the other side of the state, a woman from India that she has been trying to deport, Priya Saxena, was on stage at South Dakota Mines in Rapid City receiving her doctorate in chemical and biological engineering and a masters degree. Saxena was introduced to the crowd as Dr. Priya Saxena, sparking cheers from the audience. Meanwhile, Noem was heckled by protesters who rallied against her honorary degree in light of her work as Secretary of the Department of Homeland Security, leading the Trump administration's efforts to carry out the nation's largest mass deportation scheme. 'A doctorate in graft I could understand,' one sign outside the Dakota State University campus hall read as Noem beamed inside. Saxena has been a target of Noem and her department for weeks. The department maintains she should have her student visa revoked because in 2021 she was convicted on a misdemeanor charge of failing to move over for flashing yellow lights. Her student visa was set to expire in 2027, meaning she would have had to leave the country unless she secured a working visa relating to her field. Saxena sued Noem over her efforts and filed for a restraining order, arguing she declared the misdemeanor charge before applying for her next visa and that it is 'not a deportable offense.' The lawsuit also noted that she 'has not been involved in any political activity, has not attended any demonstrations, and has not made any statements about controversial public matters.' A judge sided with Saxena earlier this month, barring the government from taking any action in relation to the termination of her visa until a May 13 hearing, allowing Saxina to receive the degree she had been working toward for five years. Noem and her department were also 'temporarily enjoined from interfering with Saxena's freedom and from transferring Saxena out of the jurisdiction of the District of South Dakota during these proceedings.' The fact that she received her doctorate and masters degrees at the same time Noem was being honored rubs salt in the wound for the department. The battle over Saxena's immigration status returns to court this week. Noem herself has a Bachelor of Arts degree in political science from South Dakota State. The student senate and general faculty at the college both voted against Noem receiving an honorary degree, arguing it would be a highly politicized decision that would send a message to both international students and marginalized communities. But a spokesperson for the university told South Dakota Searchlight the decision to present Noem with an honorary degree and to invite her to speak at the ceremony was made while she was still the Governor of South Dakota. The invitation was extended due to Noem's longstanding support of the university's cybersecurity programs while she was in that role, the spokesperson said. In her speech, Noem encouraged students to believe in themselves like they once believed in Santa Claus, and expressed that receiving an education is important. But she warned 'the world still revolves on relationships.' 'People will be successful based on the people that they know and the people that they spend time with.' She went on to say: 'I'm going to encourage you that as you go out and tackle the next big thing in your life, to take your emergency brakes off. There's little things in our lives, little insecurities, little things that we're unsure of, maybe. Something that's scary, like moving across the country, taking a new position. It's your emergency brake that's holding you back. You still will move forward, but it might be tougher if you don't let it go.' Dakota State President José-Marie Griffiths credited Noem as one of the instrumental figures in transforming the university into the highly respected institution it is today. She said Noem 'changed the trajectory of this institution,' adding: 'And by the way, there were protests for that decision, too.' Protesters were not allowed inside the building but chanted loudly from outside as they lined the streets, shouting 'no honor for Noem' and branding her 'cruel.' One of the demonstrators said: 'One thing that immediately came to my brain when I heard she was coming here was I was genuinely scared for the massive amounts of international students that we have on campus. 'That's something we take pride in.' International students from Vietnam and India were among graduates being honored at the ceremony. Want more stories like this from the Daily Mail? Hit the follow button above for more of the news you need.
