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Business Standard
28-04-2025
- Politics
- Business Standard
No relief yet for F-1 students as US plans new study visa termination rules
The United States government is preparing to introduce a new policy to govern the termination of SEVIS records, following lawsuits from international students over wrongful visa cancellations. SEVIS, or the Student and Exchange Visitor Information System, is the database used to track compliance of international students with their visa conditions. Court orders prompt action after student lawsuits Last week, a federal judge in Georgia issued Temporary Restraining Orders (TROs) directing the reinstatement of SEVIS records for 133 students, including Indians, who claimed their visa status was wrongly terminated. The students, holding F-1 and M-1 visas, alleged that their SEVIS records were closed after law enforcement checks, often involving no criminal convictions or charges. The sudden cancellations left students panicked and confused, with many unaware they were even under scrutiny. A government lawyer later told a federal court in Oakland, California, that the Department of Homeland Security (DHS) was reversing the terminations. In a statement read in court and emailed to lawyers, the government said it was working on a framework to guide SEVIS record terminations going forward. 'ICE is developing a policy that will provide a framework for SEVIS record terminations. Until such a policy is issued, the SEVIS records for plaintiff(s) in this case (and other similarly situated plaintiffs) will remain Active or shall be re-activated if not currently active and ICE will not modify the record solely based on the NCIC finding that resulted in the recent SEVIS record termination,' the statement read. Brian Green, a lawyer representing one of the plaintiffs, said the government had confirmed the temporary protection would apply to all students in the same situation, not just those who filed lawsuits. The NCIC, or National Crime Information Centre, is a database maintained by the FBI. How the crackdown unfolded According to an Associated Press review of university statements and court filings: < At least 1,220 students across 187 institutions had visas revoked or legal status terminated since late March < Some students left the country, others stopped attending classes, and a few went into hiding < University officials often discovered the terminations during routine database checks The US government's actions followed an announcement by US Secretary of State Marco Rubio last month that his department was revoking visas of visitors acting against national interests. This included protesters against Israel's war in Gaza and individuals facing criminal charges. However, many international students whose status was revoked said they did not fit into either category, or had only minor incidents on record. Sheela Murthy, president and CEO of US-based Murthy Law Firm, told Business Standard there was little individual review behind the mass cancellations. 'Based on our understanding, the Department of Homeland Security took a shortcut of targeting anyone who had any type of incident or had their fingerprints taken or attended a court hearing,' said Murthy. 'They may have used AI to send out blanket visa revocations and SEVIS terminations without confirming if they were throwing the baby out with the bathwater.' She added that most affected students either had no criminal record or had seen their cases dismissed. 'The revocations and terminations in those cases would be clearly incorrect and violate due process under US law,' she said. According to experts, the damage could have been severe Mamta Shekhawat, founder of study abroad platform said the reinstatement offers students a much-needed reprieve. 'This victory served as a relief to the students who were struggling due to Trump's strict policies for SEVPs,' Shekhawat told Business Standard. 'The students can now continue their studies in the US without the disruption and uncertainty of cancellation.' Shekhawat also warned about the potential consequences had the revocations not been reversed. 'There would have been severe consequences. Deportation is the most predictable. The students could have faced legal proceedings and lost the chance to complete their education in the US,' she said. 'That would mean an incomplete degree and serious difficulty in finding jobs, plus long-term visa challenges in over 100 countries.' Murthy pointed out that families stood to lose both money and years of investment in education. 'Families could have lost hundreds of thousands of dollars and years of investment in a US education, all because of an error by the government,' said Murthy. Uncertainty remains over permanent status Legal experts say the reinstatements remain provisional until further court rulings are made. 'The reinstatements may not be a permanent fix at this time,' said Anna Stepanova, assistant managing attorney at Murthy Law Firm. 'It's a direct response to federal judges' TROs, which are still temporary until a final order is issued. Without that, students may also be blocked from changing status or applying for a green card in future.' Murthy said she hopes the reinstatement allows students to move forward. 'The hope is that with the reinstatement, students will be able to continue their education, obtain F-1 OPT, and possibly pursue the STEM OPT later.' Shekhawat advised students to stay vigilant about their SEVIS profiles. 'They should also regularly consult their Designated School Officials (DSOs) and follow the right procedures for changes like course drops or transfers,' she said.
India Today
24-04-2025
- Politics
- India Today
US Court halts visa revocations of 133 students, majority are Indians
A US federal judge in Georgia has ordered the temporary restoration of SEVIS (Student and Exchange Visitor Information System) records for 133 international students. These students, mostly from India, sued after the cancellation of their visas and termination of SEVIS records by the US Department of State (DOS) and Immigration and Customs Enforcement (ICE).Government agencies stated that the students were associated with law enforcement encounters — although several had no criminal occurred after the issuance of Temporary Restraining Orders (TROs) in favor of the students by the court. The immigration lawyers claimed that the cancellations are unfair and stranded many students without legal status even though they had no severe legal STUDENTS ON OPT MOST AFFECTED The cancellations started after US Secretary of State Marco Rubio initiated "Catch and Revoke" program. Through this initiative, student visa holders are being screened through AI tools, including their social media. Rubio previously declared that more than 300 student visas were cancelled under the American Immigration Lawyers Association (AILA) report indicates that ICE has cancelled 4,736 SEVIS records from January 20, 2025. From the 327 detailed reports obtained by AILA, approximately 50% of the students impacted were Indian, primarily with F-1 visas. Chinese, Nepali, South Korean, and Bangladeshi students were also included amongst those who were of the Indian students were in the US on Optional Practical Training (OPT) — a temporary work authorisation granted to international students upon graduation, particularly for those pursuing STEM courses. The period of work, which can be up to 36 months, usually serves as a precursor to applying for a work visa such as the H-1B. Loss of OPT status jeopardizes their future in the OF STUDENTS PENALIZED FOR MINOR INFRACTIONSA number of students, the AILA report says, had their visas cancelled for relatively minor reasons such as traffic tickets or violations of university regulations. One student even lost their visa status after being named as a victim of domestic violence in a police report. In only two of the 327 cases was political activity even have condemned the government's actions, indicating that there are no set rules or regulations outlined in the revocation letters issued by DOS or ICE. "Protesting is not illegal in the US, and these students could lose everything because of vague allegations," an attorney court's ruling to reinstate the SEVIS records brings some relief, but the long-term effect on these students is READ: Watch: Climate protester spray-paints presidential insignia at Trump TowerMust Watch
Economic Times
23-04-2025
- Politics
- Economic Times
Kicked out without warning? SEVIS terminations leave hundreds of international students in legal chaos
Mounting legal challenges are targeting U.S. immigration agencies for terminating SEVIS (Student and Exchange Visitor Information System) records of hundreds of international students. District courts have increasingly granted Temporary Restraining Orders (TROs) to protect students from the fallout, as attorneys highlight the "irreparable harm" caused by these terminations. In a recent Michigan court case involving an Indian student, Andre Watson, a senior Department of Homeland Security (DHS) official, claimed in an affidavit that SEVIS termination does not equate to visa revocation. Immigration attorneys argue that DHS is using this interpretation to downplay the severity of SEVIS termination in court—even though official notices to students state they must leave the U.S. immediately. ALSO READ: US now demanding home addresses & biometrics from H-1B visa workers; raises concernImmigration lawyers have called the government's stance "ridiculous," pointing out that SEVIS termination often leads to visa revocation, loss of employment authorization, and even deportation proceedings. (Join our ETNRI WhatsApp channel for all the latest updates) Despite DHS's claims in court, students and Designated School Officials (DSOs) are being told that termination of SEVIS means loss of lawful F-1 status and the need to leave the U.S. immediately. Attorney Steven A. Brown said that even immigration enforcement agencies like ICE can't confirm whether affected students are still lawfully present. As a result, attorneys urge students to file lawsuits to clarify their legal READ: International students file legal challenges over widespread US visa revocationsThe issue is particularly urgent for students on Optional Practical Training (OPT). If SEVIS is terminated, many lose the legal basis for employment. And since F-1 reinstatement is not available to graduates, there's little recourse for those already working under OPT. ALSO READ: 50% of revoked US student visas under Trump 2.0 belong to Indians Karin Wolman, a New York-based immigration attorney, warns that SEVIS termination usually means automatic loss of work authorization, even if students haven't received a visa revocation Rekha Sharma-Crawford explains that schools are hesitant to allow students with terminated SEVIS records to attend classes, fearing liability and even criminal harboring charges. This has left students stranded—unable to study, work, or transfer schools. Many of these terminations are reportedly based on minor interactions with law enforcement, such as seatbelt violations or speeding tickets. Jath Shao, another immigration attorney, argues this reflects a violation of due process, especially when terminations are triggered by automated data mining without formal charges or hearings. In a recent ruling, a district court granted TROs to 133 international students, acknowledging the significant harm caused by SEVIS terminations. Plaintiffs argued that once admitted on an F-1 visa, they should remain legally present as long as they meet visa conditions. Still, students face an uphill battle. As Adam Cohen of Siskind Susser noted, DHS policies remain unclear, and contradictions between federal court affidavits and government actions continue to place students in jeopardy. (With TOI inputs)
The Hindu
23-04-2025
- Politics
- The Hindu
Federal Court issues TRO on student visa records after lawsuit challenges SEVIS terminations
After the Murthy Law Firm filed a lawsuit against the federal government, a federal judge in Georgia issued Temporary Restraining Orders (TROs) restoring Student and Exchange Visitor Information System (SEVIS) records for 133 international students who sued over unlawful SEVIS terminations. This comes after the U.S. Department of State (DOS) and Immigration and Customs Enforcement (ICE) revoked Visas of International students and terminated their SEVIS records, citing encounters with law enforcement, many without any conviction. Anna Stepanova, assistant Managing Attorney, Murthy law firm, said the SEVIS reinstatements ordered by various federal judges are the result of Temporary Restraining Orders (TROs), which, at this time, provide a temporary reinstatement of plaintiffs' SEVIS records until the lawsuit is resolved via a final order from the judge. However, the standard for granting a TRO is a showing of a substantial likelihood of success on the merits of the case. This is generally seen as a positive development in the SEVIS terminations litigation. Background Late last month, the U.S. Secretary of State, Marco Rubio, reported that DOS revoked more than 300 student visas and announced a new 'Catch and Revoke' program that uses AI-assisted reviews to screen social media posts of student visa holders. According to a verified source cited by the American Immigration Lawyers Association (AILA), out of 4,736 SEVIS records that the ICE has terminated since January 20, 2025, 50 per cent were Indians, with the majority being on F-1 visa status. Chinese students accounted for 14%, and a significant number of students were from Nepal, South Korea, and Bangladesh. The AILA report had indicated that 50 per cent of students were on Optimal Practical Training (OPT), which means that they had graduated and were employed in the U.S. Many Indian students especially from the STEM fields after their graduation work in the U.S. temporarily for 12 months with an additional extension of up to 36 under Optimal Practical Training. Many of the students who are doing their OPTs hope to secure a working career in the U.S. It is very difficult to secure an H1B visa in the U.S., for all these students who want to survive in the U.S., these OPTs open doors for them. Possible reasons for terminations The AILA study found many of those whose visas had been revoked had been in police reports for minor traffic violations or campus infractions, while in an extreme case, a student who was a victim of domestic abuse had their visa cancelled because their name appeared in the police complaint. Only two of the 327 responses received pertained to allegations that the students were involved in any political activity, and lawyers have pointed out that protesting is not illegal per se, and that the students risked losing their futures due to the government's action. As per Immigration attorneys in the U.S., the Department of State does not appear to have any rules or specific regulations that the DOS or ICE have mentioned or cited in the revocation letters issued to the students whose visas have been revoked and whose SEVIS records have been terminated. Sheela Murthy, President and CEO, Murthy Law Firm said, 'Generally, the reasons for the termination tend to be the person having some type of a fingerprint check or record with law enforcement. This includes incorrect cases that were filed and completely dismissed as baseless charges, or in some cases, there are pending investigations or ongoing cases in court.' Ms. Murthy said, 'In a few instances, it has been for simply showing support for a certain ideology, attending a march, or even showing a preferance for a certain ideology or in some case cases it appears to be a case of mistaken identity for a person being in the vicinity of a protest march.' State of confusion Ms. Murthy, said that there are no clear cut or simple avenues to challenge these decisions. The majority of the affected students have been filing federal lawsuits to reinstate their F1 status. Some courts have required the government to reinstate the student's status, and in other cases, the courts are not sure that the status of the student has been revoked or terminated merely because the SEVIS has been terminated. Ms. Murthy says that to date, the first has not received any deportation or removal notice for these students who have been impacted. We know many of them who have simply departed/traveled out of the US because they have been told that they need to leave immediately or they may be subject to deportation/removal. Ms. Murthy says other students are confused as to what to do, especially if they are in the middle of their education, for example, they may have a year or two to graduate, and they have invested their and their parents life savings to attend these universities to obtain the coveted U.S. degree, that will stand them in good stead anywhere in the world. Now, they are devastated and confused on how best to proceed. Ms. Murthy says even international student advisors or Designated School Officials (DSOs) are confused by the arguments made by the federal government that the termination of the SEVIS does not result in the status of the student being terminated. If that is not the case, nobody knows what exactly is going on, and even the government may be unclear since they are making up new rules and new ways to adversely impact students.
Time of India
22-04-2025
- Politics
- Time of India
Kicked out without warning? SEVIS terminations leave hundreds of international students in legal chaos
Mounting legal challenges are targeting U.S. immigration agencies for terminating SEVIS (Student and Exchange Visitor Information System) records of hundreds of international students. District courts have increasingly granted Temporary Restraining Orders (TROs) to protect students from the fallout, as attorneys highlight the "irreparable harm" caused by these terminations. In a recent Michigan court case involving an Indian student, Andre Watson, a senior Department of Homeland Security (DHS) official, claimed in an affidavit that SEVIS termination does not equate to visa revocation . Immigration attorneys argue that DHS is using this interpretation to downplay the severity of SEVIS termination in court—even though official notices to students state they must leave the U.S. immediately. ALSO READ: US now demanding home addresses & biometrics from H-1B visa workers; raises concern by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Guayaquil Modular Homes: See Prices Mobile Homes | Search ads Undo Immigration lawyers have called the government's stance "ridiculous," pointing out that SEVIS termination often leads to visa revocation, loss of employment authorization, and even deportation proceedings. (Join our ETNRI WhatsApp channel for all the latest updates) Contradictory Government Messaging Despite DHS's claims in court, students and Designated School Officials (DSOs) are being told that termination of SEVIS means loss of lawful F-1 status and the need to leave the U.S. immediately. Live Events Attorney Steven A. Brown said that even immigration enforcement agencies like ICE can't confirm whether affected students are still lawfully present. As a result, attorneys urge students to file lawsuits to clarify their legal standing. ALSO READ: International students file legal challenges over widespread US visa revocations Impact on OPT and Reentry The issue is particularly urgent for students on Optional Practical Training (OPT). If SEVIS is terminated, many lose the legal basis for employment. And since F-1 reinstatement is not available to graduates, there's little recourse for those already working under OPT. ALSO READ: 50% of revoked US student visas under Trump 2.0 belong to Indians Karin Wolman, a New York-based immigration attorney, warns that SEVIS termination usually means automatic loss of work authorization, even if students haven't received a visa revocation notice. Legal Grey Areas and Institutional Fears Attorney Rekha Sharma-Crawford explains that schools are hesitant to allow students with terminated SEVIS records to attend classes, fearing liability and even criminal harboring charges. This has left students stranded—unable to study, work, or transfer schools. Many of these terminations are reportedly based on minor interactions with law enforcement, such as seatbelt violations or speeding tickets. Jath Shao, another immigration attorney, argues this reflects a violation of due process, especially when terminations are triggered by automated data mining without formal charges or hearings. Ongoing Legal Battles In a recent ruling, a district court granted TROs to 133 international students, acknowledging the significant harm caused by SEVIS terminations. Plaintiffs argued that once admitted on an F-1 visa, they should remain legally present as long as they meet visa conditions. Still, students face an uphill battle. As Adam Cohen of Siskind Susser noted, DHS policies remain unclear, and contradictions between federal court affidavits and government actions continue to place students in jeopardy. (With TOI inputs)
