International students file lawsuit in Georgia over termination of their VISA's
International students from across the U.S. have banded together to file a federal lawsuit in Georgia accusing U.S. Immigration and Customs Enforcement of illegally terminating their student visas.
The 17 students alleged the termination was without due process and used the Student and Exchange Visitor Information System (SEVIS) to strip their legal status even though they continued to comply with visa terms.
The lawsuit names U.S. Attorney Pam Bondi, Homeland Security Secretary Kristi Noem, and Acting ICE Director Todd Lyons as defendants.
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In the lawsuit, the plaintiffs say that after vague references to visa revocations, in many cases, students were "identified in criminal records checks," despite no formal charges, convictions, or deportable offenses.
One senior at Georgia Tech was notified days before graduation even though his only legal record involves a dismissed traffic charge.
"ICE’s own guidance confirms that visa revocation is not, in itself, a cause for termination of the student’s SEVIS record. Rather, if the visa is revoked, the student is permitted to pursue their course of study in school, but upon departure, the SEVIS record is terminated and the student must obtain a new visa from a consulate or embassy abroad before returning to the United States," the suit states.
Attorneys are currently seeking a temporary restraining order to reinstate the students’ SEVIS registrations and restore their legal status.
"ICE has created chaos as schools have attempted to understand what is happening and do their best to inform and advise students," it said. "Plaintiffs have a constitutionally protected property interest in their SEVIS registration," according to the suit.
It also notes that removal from the system jeopardizes not just education but legal residency, employment, and reentry into the U.S.
"No Plaintiff has been placed in removal proceedings," the complaint states. "ICE cannot misuse SEVIS to circumvent the law, strip students of status, and drive them out of the country without process."
They include work authorization under OPT or CPT programs, but the court has not yet ruled on the motion for emergency relief.