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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.
India Today
15-05-2025
- Politics
- India Today
Why Priya Saxena's graduation is making headlines in South Dakota
28-year-old Priya Saxena, an Indian doctoral student targeted for deportation by South Dakota Governor Kristi Noem's Department of Homeland Security, walked across the stage to receive her doctorate to rousing applause. Across the state, Noem herself took the stage to accept an honorary doctorate, only to be greeted with protests and signs reading 'No Honor for Noem.'Saxena, who earned both a doctorate in chemical and biological engineering and a master's in chemical engineering from the South Dakota School of Mines & Technology, has been on the Department of Homeland Security's deportation list since last month. But thanks to a federal order, she was able to graduate before any action could be fact that she received her doctorate and master's degrees at the same time Noem was being honored rubs salt in the wound for the department,' said Saxena's attorney, Jim Leach, in court filings, as quoted by British newspaper Daily Mail. Saxena's immigration status became the subject of controversy after DHS moved to revoke her student visa over a 2021 misdemeanor charge — failing to move over for flashing yellow lights. Her visa, valid until 2027, was declared void despite her transparency about the minor violation in her subsequent visa and her attorney filed a lawsuit against Noem and DHS, arguing that the offense was not grounds for deportation. A federal judge agreed earlier this month, granting a temporary restraining order preventing DHS from taking action until a May 13 court lawsuit emphasized that Saxena 'has not been involved in any political activity, has not attended any demonstrations, and has not made any statements about controversial public matters.' Still, she became a symbol for international students facing heightened scrutiny under the Trump-era immigration crackdown revived by Noem's Saxena was being hailed as 'Dr. Priya Saxena' in Rapid City, Noem was facing loud protests at Dakota State University — her alma mater — where she received an honorary doctorate in public contrast couldn't have been protester outside the ceremony venue held a sign that read: 'A doctorate in graft I could understand,' while chants of 'No honor for Noem' echoed in the who served as Secretary of Homeland Security during the Trump administration and now again under his revived leadership, has spearheaded what some call the nation's largest mass deportation effort.'She's been trying to deport the very students this university claims to support,' said a demonstrator outside Dakota State. 'We're proud of our international students. We're scared for them now.'
Yahoo
15-05-2025
- Politics
- Yahoo
Student who earned Ph.D. while DHS tried to deport her over minor traffic violation is granted injunction
An international student in South Dakota, who earned two degrees amid her fight against the Trump administration's attempt to deport her, has been granted injunction. Priya Saxena, who's from India, received a doctorate in chemical and biological engineering and a master's in chemical engineering from South Dakota School of Mines & Technology this past weekend. Just over a month ago, Saxena had been notified that her visa and status in the country had been revoked. Saxena's attorney, Jim Leach, told NBC News that her sole infraction was for a failure-to-yield to an emergency vehicle from four years ago, which he described as 'the lowest possible traffic offense.' Saxena, who sued the Trump administration, was granted a temporary restraining order until the end of this week, allowing her to collect her degrees. And on Thursday morning, she was granted a preliminary injunction that keeps the government from attempting to detain or deport her. 'The rule of law saved an innocent person from unlawful action by this administration,' Leach said. 'Dr. Saxena is exactly the kind of person we should want in this country.' 'The government sent these letters, no matter what the conviction was, even for a traffic conviction,' Leach said of Saxena's visa and status revocations. 'I've had more traffic convictions since then than she has.' The Department of Homeland Security did not immediately respond to NBC News' request for comment. Saxena had been in the country on a student visa that wasn't set to expire until 2027. But on April 7, she received an email from the U.S. Embassy in New Delhi, notifying her that her visa had been revoked, according to court documents. She was later told by a school official that her record had been terminated in the Student and Exchange Visitor Information System (SEVIS), which maintains information about nonimmigrant students and exchange visitors. While Saxena received the traffic infraction in 2021, she paid a fine and, upon applying for her most recent visa, disclosed the information to the government, the court documents said. '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 said. 'It just makes no sense.' Because of her loss of status, her school at the time also notified her that she would not be able to receive her Ph.D. degree, which she had been working toward since 2020, as scheduled this year, court documents said. While the Trump administration said last month that it would be restoring international students' legal statuses until Immigration and Customs Enforcement crafts a new framework for terminations, Leach said Saxena's status was not impacted as ICE had to abide by the judge's orders in her case. However the judge granted the temporary restraining order last month, extending the timeframe so she could complete her studies. Saxena's graduation coincided with a separate, highly controversial graduation that weekend. DHS Secretary Kristi Noem received an honorary degree at Dakota State University. Protesters gathered at the school to criticize the treatment of international students and the administration's hard-line immigration policies. 'You have this woman from India who earned a Ph.D. degree in chemical and biological engineering, which obviously takes an incredible amount of work and brains,' Leach said. 'Then you have Kristi Noem receiving an honorary degree for something. And she dodges the protesters while she's there … It was something out of a really far-out novel.' DHS last month revealed in a court hearing in Washington that it used 10 to 20 employees to run the names of 1.3 million foreign-born students through the National Crime Information Center, an FBI-run computerized index that includes criminal history information. The process, overseen by DHS acting executive director Robert Hammer, populated 6,400 hits, Andre Watson, assistant director of DHS said. And from there, many students experienced terminations of their records in SEVIS. Names were also sent to the State Department, and roughly 3,000 students had their visas revoked, Watson said during the hearing. The development has drawn criticism from immigration attorneys and legal advocates, who point out that the National Crime Information Center may not have the most up-to-date information. The index relies on cities, counties, states and other sources to voluntarily report their data. Kathleen Bush-Joseph, an attorney and policy analyst with the U.S. Immigration Policy Program at the nonpartisan Migration Policy Institute previously mentioned that the database doesn't always have the final dispositions of cases. And others have mentioned that this is perhaps why students who've had cases dismissed or were not convicted have experienced a loss of status. This article was originally published on
NBC News
15-05-2025
- Politics
- NBC News
Student who earned Ph.D. while DHS tried to deport her over minor traffic violation is granted injunction
An international student in South Dakota, who earned two degrees amid her fight against the Trump administration's attempt to deport her, has been granted injunction. Priya Saxena, who's from India, received a doctorate in chemical and biological engineering and a master's in chemical engineering from South Dakota School of Mines & Technology this past weekend. Just over a month ago, Saxena had been notified that her visa and status in the country had been revoked. Saxena's attorney, Jim Leach, told NBC News that her sole infraction was for a failure-to-yield to an emergency vehicle from four years ago, which he described as 'the lowest possible traffic offense.' Saxena, who sued the Trump administration, was granted a temporary restraining order until the end of this week, allowing her to collect her degrees. And on Thursday morning, she was granted a preliminary injunction that keeps the government from attempting to detain or deport her. 'The rule of law saved an innocent person from unlawful action by this administration,' Leach said. 'Dr. Saxena is exactly the kind of person we should want in this country.' 'The government sent these letters, no matter what the conviction was, even for a traffic conviction,' Leach said of Saxena's visa and status revocations. 'I've had more traffic convictions since then than she has.' The Department of Homeland Security did not immediately respond to NBC News' request for comment. Saxena had been in the country on a student visa that wasn't set to expire until 2027. But on April 7, she received an email from the U.S. Embassy in New Delhi, notifying her that her visa had been revoked, according to court documents. She was later told by a school official that her record had been terminated in the Student and Exchange Visitor Information System (SEVIS), which maintains information about nonimmigrant students and exchange visitors. While Saxena received the traffic infraction in 2021, she paid a fine and, upon applying for her most recent visa, disclosed the information to the government, the court documents said. '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 said. 'It just makes no sense.' Because of her loss of status, her school at the time also notified her that she would not be able to receive her Ph.D. degree, which she had been working toward since 2020, as scheduled this year, court documents said. While the Trump administration said last month that it would be restoring international students' legal statuses until Immigration and Customs Enforcement crafts a new framework for terminations, Leach said Saxena's status was not impacted as ICE had to abide by the judge's orders in her case. However the judge granted the temporary restraining order last month, extending the timeframe so she could complete her studies. Saxena's graduation coincided with a separate, highly controversial graduation that weekend. DHS Secretary Kristi Noem received an honorary degree at Dakota State University. Protesters gathered at the school to criticize the treatment of international students and the administration's hard-line immigration policies. 'You have this woman from India who earned a Ph.D. degree in chemical and biological engineering, which obviously takes an incredible amount of work and brains,' Leach said. 'Then you have Kristi Noem receiving an honorary degree for something. And she dodges the protesters while she's there … It was something out of a really far-out novel.' DHS last month revealed in a court hearing in Washington that it used 10 to 20 employees to run the names of 1.3 million foreign-born students through the National Crime Information Center, an FBI-run computerized index that includes criminal history information. The process, overseen by DHS acting executive director Robert Hammer, populated 6,400 hits, Andre Watson, assistant director of DHS said. And from there, many students experienced terminations of their records in SEVIS. Names were also sent to the State Department, and roughly 3,000 students had their visas revoked, Watson said during the hearing. The development has drawn criticism from immigration attorneys and legal advocates, who point out that the National Crime Information Center may not have the most up-to-date information. The index relies on cities, counties, states and other sources to voluntarily report their data. Kathleen Bush-Joseph, an attorney and policy analyst with the U.S. Immigration Policy Program at the nonpartisan Migration Policy Institute previously mentioned that the database doesn't always have the final dispositions of cases. And others have mentioned that this is perhaps why students who've had cases dismissed or were not convicted have experienced a loss of status.
