The U.S. government is reinstating legal status for international students nationwide after many challenged the Trump administration's crackdown in court, according to federal officials on Friday.
Recent weeks had seen the termination of records in a federal student database overseen by Immigration and Customs Enforcement. Various judges across the country had issued temporary orders restoring students’ records amid numerous lawsuits against the terminations.
Over 1,200 students abruptly lost their legal status or had their visas revoked, putting them at risk of deportation. Many claimed they only had minor violations or were unaware of the reasons behind their status change. Some chose to leave the U.S., while others went into hiding or stopped attending classes.
Restoration of student status announced
The announcement regarding the shift in policy came from lawyers representing the government involved in several lawsuits.
Brian Green, an attorney for one of the plaintiffs, shared with The Associated Press a statement emailed to him by a government lawyer regarding the reinstatement of legal status for individuals whose records were recently terminated.
The statement reads: “ICE is creating a new policy that will form guidelines for SEVIS record terminations. Until this policy is finalized, the SEVIS records for the plaintiff(s) in this lawsuit (and others in similar situations) will either remain Active or be reactivated if currently inactive. ICE will not amend these records based solely on the NCIC findings that led to the termination.”
SEVIS refers to the Student and Exchange Visitor Information Systems database that tracks international students’ compliance with visa regulations. The NCIC is the National Crime Information Center, a nationwide database maintained by the FBI.
Tricia McLaughlin, an aide in the Homeland Security department, clarified that while ICE had not reversed any visa revocations, it had "restored SEVIS access for individuals whose visas hadn't been revoked."
Several educational institutions noted that some of their students had their legal status reinstated, although uncertainty persists.
“It remains unclear if ICE will restore status for every individual targeted and whether the State Department will assist students whose visas were wrongfully revoked,” remarked Greg Chen from the American Immigration Lawyers Association.
Legal battles may linger
Green, engaged in lawsuits representing multiple students, indicated that his cases were solely focused on restoring student status and that he intends to withdraw them due to ICE's recent statement.
However, attorneys involved in the Oakland lawsuit are pursuing a nationwide injunction that would prevent the government from detaining or deporting students, transferring them out of district, or hindering their ability to work or study.
Government lawyer Pam Johann called for patience, stating it was too early to discuss such actions while ICE was actively reactivating records and formulating a new policy. "We should give ICE the time to implement the changes the plaintiffs are requesting themselves," she said.
U.S. District Judge Jeffrey S. White urged her to consider the court's concerns. “With this administration, it feels like a new precedent is set daily,” he remarked. “It’s like playing whack-a-mole.”
He instructed the government to clarify their new protocols. Visa terminations and confusion regarding student statuses
Last month, Secretary of State Marco Rubio indicated that visas were being revoked for individuals acting against national interests, including those protesting Israel’s actions in Gaza and individuals with criminal charges. However, numerous students whose statuses were terminated denied fitting into those categories.
A survey by The Associated Press-NORC Center for Public Affairs Research revealed that visa revocations for students involved in pro-Palestinian protests are more controversial than accepted, with nearly 50% of U.S. adults opposing it, and only 30% in favor. Among those with college degrees, opposition rises to 60%, compared to 40% of those without degrees.
In court, students argued they were denied fair process, often being informed that their status was terminated due to a criminal background check or that their visas were revoked.
The abrupt termination of student records surprised both international students and their institutions. Many terminations became known during routine checks by school officials of the international student database.
Charles Kuck, who filed a lawsuit in Atlanta representing 133 students nationwide, commented that ICE’s reversal could not erase the distress and challenges faced in recent weeks.
“I have students who lost job opportunities that they might not regain,” he explained. “There are students who missed finals or graduations. How do you rectify that?”
Jodie Ferise, a higher education attorney in Indiana, noted that some students at schools affiliated with her law firm already departed the country after being advised to self-deport.
“This unprecedented treatment of student status has instilled significant fear among international students,” Ferise stated. “Some were too fearful to wait for a change in administration policy.”
Earlier in the week, prior to the government's announcement, Ferise expressed concerns that this situation could deter international student enrollment.
“The world is watching, and we risk losing students, not only due to the technical revocation of their status but also through the message we are sending—that they are unwelcome and that it's unsafe to pursue education here,” she stated.
Since late March, at least 1,220 students across 187 colleges, universities, and university systems have had their visas revoked, legal statuses terminated, or both, as reported by the Associated Press from a review of university statements, communications with officials, and court records. The AP continues to verify reports concerning many additional students affected by this
