SAN FRANCISCO – The U.S. government has decided to reinstate the legal status of international students across the country following numerous legal challenges against the Trump administration’s actions to cancel their statuses, federal officials announced on Friday.
An Immigration and Customs Enforcement (ICE) maintained database that tracks student status had seen several records terminated in recent weeks. However, federal judges across the nation had already issued temporary orders to restore these records amidst various lawsuits disputing the terminations.
Over 1,200 students nationwide found themselves abruptly without legal status or had their visas revoked, making them susceptible to deportation. Some students noted they had only minor infractions or were unaware of the reasons for being targeted. While some students left the country, others chose to hide or ceased attending classes altogether.
The government has now declared it will restore the student statuses.
The news of this policy reversal emerged from government attorneys involved in the lawsuits. A legal representative of the plaintiffs in one lawsuit, Brian Green, shared a statement from a government lawyer concerning the reinstatement of legal status for individuals whose records were previously terminated.
The statement clarifies: “ICE is crafting a policy to govern SEVIS record terminations. Until this new policy is crafted, the SEVIS records for plaintiffs in this case (and other similarly affected plaintiffs) will remain active or be re-activated if inactive. ICE will not alter the record based solely on the NCIC findings that led to the recent SEVIS record termination.” SEVIS, or the Student and Exchange Visitor Information Systems, is a database that monitors international students’ visa compliance, while NCIC stands for the National Crime Information Center, a database of criminal justice information managed by the FBI.
Assistant Homeland Security Secretary, Tricia McLaughlin, stated that while the visa revocations have not been reversed, ICE has “restored SEVIS access for individuals who did not have their visas revoked.”
Some colleges reported observing the restoration of legal status for some students, but general uncertainty continued.
“There is still doubt about whether ICE will restore status to all targeted students, and whether the State Department will aid those students whose visas were mistakenly revoked,” said Greg Chen from the American Immigration Lawyers Association.
Legal disputes may persist.
Brian Green, representing a number of students, plans to withdraw his lawsuits following Friday’s statement from ICE, which reinstates students’ statuses.
Nonetheless, lawyers involved in another case in Oakland seek a nationwide mandate preventing the government from arresting or detaining students, relocating them beyond their district, or hindering their academic or professional pursuits.
Government attorney Pam Johann remarked it was premature to discuss such actions as ICE is currently working on reactivating records and shaping policy. “ICE is doing right now what the plaintiffs are asking for, so we should pause,” she suggested.
Still, U.S. District Judge Jeffrey S. White requested clarification on the new policy.
“With this administration, it feels as though there’s a new world every day,” he remarked, likening it to playing “whack-a-mole.”
Confusion arose from visa revocations and terminations of student statuses.
Last month, Secretary of State Marco Rubio declared his department was rescinding visas for people acting against national interests, including those involved in protests against Israel’s actions in Gaza and those facing criminal charges. However, many students whose statuses were terminated stated they did not fit these descriptions.
A survey conducted by The Associated Press-NORC Center for Public Affairs found that the visa revocations for students who protested in pro-Palestinian events are less favored, with about half of American adults opposing it, while only 30% support it. Among those with a college education, 60% showed strong opposition compared to 40% of non-college graduates.
In court cases, students argued they were denied due process. Many were informed that their statuses were revoked due to criminal record checks or visa revocations.
The sudden terminations had caught international students and academic institutions by surprise. Many schools discovered these terminations during routine database checks.
Charles Kuck, who filed a lawsuit representing 133 students, stated that ICE’s reversal could not undo the distress and hardship faced by students recently.
“Some students lost jobs, not knowing if they’d regain them,” he expressed. “They missed finals, graduation. Those missed opportunities can’t be restored.”
Higher education attorney Jodie Ferise reported that, due to the fear instigated by record terminations, some students at certain institutions chose self-deportation.
“This unprecedented approach to student status has instilled dread among international students,” Ferise noted. “Some feared waiting on the administration to change their course.”
Prior to the policy change, Ferise warned it could discourage international enrollment.
“The world is taking notice, and we risk losing students not only due to status revocations but due to the message we’re conveying,” she expressed.
An Associated Press investigation noted that around 1,220 students at 187 educational institutions had experienced visa revocations or status terminations since late March. Efforts to confirm reports of additional students affected by the crackdown continue.