Lawsuits challenge termination of foreign-student records
As student-visa revocations have snowballed, several lawsuits have been filed challenging the government’s authority to terminate international-student records and legal status.
Although the Trump administration has cast the visa sweep as part of its efforts to combat antisemitism on college campuses, a large number of the students stripped of their visas did not take part in protests over the war in Gaza or engage in other political activities. Instead, many have had their immigration documents terminated without clear justification or because of relatively minor legal infractions — which don’t meet the bar for deportation, the lawsuits argue.
Unlike earlier high-profile arrests of campus activists, the government in recent days has quietly canceled student records in a national database known as the Student and Exchange Visitor Information System, or SEVIS, without notifying colleges, which are responsible for keeping students’ immigration status up to date. Hundreds of international students at campuses across the country have been affected, and some have left the United States because of fears they could be detained.
At the University of California at Los Angeles, the visas of six current students and six recent graduates were revoked. Seven Ohio State University students had their visas pulled.
The effort has sowed panic and confusion, leaving campus administrators scrambling to determine if their students have lost their visas and uncertain about how to advise them. “I’m just refreshing SEVIS like a madman,” said one longtime international-student adviser who asked not to be named because of the sensitivity of the issue. “This isn’t like anything I’ve ever seen before.”
The abrupt terminations of status have left both colleges and students unclear about how to appeal the process. Some institutions have been providing students with legal resources and other support. The University of Massachusetts at Amherst set funds aside for “students who are adversely affected by changes in federal immigration” to help pay for lawyers, housing, and mental-health counseling. The president of Tufts University filed a court declaration in support of a student who was detained. Duke University said it was arranging for students who had lost their visas to continue their studies from their home countries.
But the lawsuits said that the government overstepped its authority, arguing that the revocation of student visas, which allow students to enter the United States, does not also give officials the ability to terminate their record and legal status in the SEVIS database. In each case, the government did not have grounds to end students’ status, the lawsuits said.
Federal regulations lay out certain circumstances that “constitute a failure to maintain status.” They include failing to maintain a full course of study, unauthorized employment, providing false information to federal officials, and being convicted of a “crime of violence” that carries a potential sentence of more than one year.
The Trump administration has also sought to tie protesters to terrorist organizations like Hamas and designate them as a threat to national security, invoking a little-used section of visa law. All the students who have filed legal challenges said they were not involved in political demonstrations.
One lawsuit, in federal court in central California, was brought by an unnamed student athlete from a predominantly Muslim country. The student’s only criminal history is a minor misdemeanor nonalcohol-related driving conviction, which does not meet the definition of a crime of violence and did not come with a sentence of more than a year.
The SEVIS terminations appear “to be designed to coerce students … into abandoning their studies and ‘self-deporting’ despite not violating their status,” the filing said, adding that if the government believes a student is deportable, “it has the authority to initiate removal proceedings and make its case in court. It cannot, however, misuse SEVIS to circumvent the law, strip students of status, and drive them out of the country without process.”
A second case, also in California, involves a recent graduate working as a software engineer through a special program that allows students to work in the United States for up to three years after they earn their degree. The graduate, who is also from a majority-Muslim country, received probation for a minor misdemeanor conviction. The graduate informed federal authorities of the conviction, the complaint notes, and the government “twice approved immigration benefits applications for plaintiff because their minor criminal offense did not render them ineligible for status nor removable from the U.S.”
A third lawsuit was brought in New Hampshire on behalf of Xiaotian Liu, a doctoral student from China at Dartmouth College. Liu has never committed a crime — “even a traffic violation, as he does not drive,” the filing said — although he was temporarily not allowed to enter the country in 2022 following a Covid-related gap year because his student-visa record had not been properly reactivated. The termination last week of his visa record means that Liu cannot work as a graduate research assistant, putting his “education, research, and career trajectory at risk.”
Higher-education groups have requested a briefing from the Trump administration on student-visa revocations.
In a letter to Secretary of State Marco Rubio and Secretary of Homeland Security Kristi Noem, the associations ask for more information and clarity about recent policy actions, including increased screening of international students’ social-media accounts, which was ordered by Rubio last week. The letter was spearheaded by the American Council on Education and signed by 15 other groups.
The Chronicle wants to hear about how visa revocations and other government actions are affecting your campus. Email me at karin.fischer@chronicle.com or contact me confidentially on Signal.