The recent wave of lawsuits filed by international students has brought attention to the critical issue of SEVIS record terminations. With over 290 students and recent graduates challenging the federal government’s decisions through 65 separate lawsuits, the fight to restore their academic and professional pursuits is gaining momentum.
Students Seeking Justice
These students, hailing from various educational backgrounds and institutions across the nation, are primarily F-1 visa holders engaged in Optional Practical Training (OPT). This program allows them to gain practical experience in their field of study after graduation. Unfortunately, many of these individuals faced abrupt interruptions in their academic journeys due to unexpected SEVIS terminations, with some on the brink of graduation.
Impact of SEVIS Terminations
The terminations have affected thousands of international students, leading to confusion and distress. Many students, fearing repercussions, have left the country, believing they had no other choice. This situation has sparked outrage among the affected individuals, who argue that the government’s actions are unjust and lack transparency.
Legal Successes and Temporary Restraining Orders
In a significant number of cases, judges have responded favorably to the plaintiffs, issuing temporary restraining orders (TROs) that require the government to restore their SEVIS statuses to active. These orders also prevent further changes to their immigration status and protect them from detention. The courts have recognized that halting students’ education mid-semester constitutes irreparable harm, a key factor in granting these orders.
Due Process Concerns
Legal experts argue that the government’s actions violate the due process rights of international students by terminating their SEVIS records without prior notice or an opportunity to contest the decision. The Administrative Procedure Act, which governs federal agency actions, is central to many of these lawsuits, asserting that the Department of Homeland Security lacks the authority to unilaterally terminate SEVIS records.
Collective Action and Ongoing Hearings
The largest lawsuit, representing 133 individuals, has already seen success with the restoration of their SEVIS statuses. The lead attorney noted that the relief provided by the TRO has allowed students to resume their studies and work, alleviating some of the stress caused by the uncertainty of their immigration status. A hearing is scheduled to determine whether a preliminary injunction will be granted, which would extend protections for the duration of the legal proceedings.
Government’s Defense and Historical Context
In court, the government has defended its actions by claiming that terminating a student’s SEVIS status does not equate to altering their lawful nonimmigrant status. However, historically, such terminations have led to students being required to leave the U.S. This contradiction raises questions about the government’s intentions and the implications of these terminations on students’ futures.
Challenges Ahead for Affected Students
While many students have found temporary relief through legal action, the ongoing uncertainty remains a significant burden. For those still awaiting court decisions, the emotional and financial toll is considerable. Some students have lost their jobs and are struggling to support themselves and their families, highlighting the urgent need for resolution in these cases.
As the legal battles continue, the plight of international students serves as a reminder of the complexities surrounding immigration policies and the importance of protecting the rights of those pursuing education in the United States.