The U.S. Immigration and Customs Enforcement (ICE) is in the process of reinstating the SEVIS (Student and Exchange Visitor Information System) status for some international students whose records were terminated, according to recent court filings.
This decision follows a tumultuous period during which dozens of lawsuits were filed, representing hundreds of affected students across the nation.
In an email addressed to attorney Brad Banias, who is representing several of these students, U.S. Attorney Mark Sauter indicated that ICE has begun restoring records in the SEVIS database, used by educational institutions and government agencies to monitor foreign students’ adherence to stay conditions.
Sauter’s email noted that while ICE is drafting a new policy for SEVIS record terminations, the records for the plaintiffs in the ongoing case would either remain active or be reactivated. Additionally, ICE won’t alter these records based solely on findings from the National Crime Information Center (NCIC), which contributed to the recent terminations.
However, the Department of Homeland Security (DHS) has specified that this reinstatement is only applicable to individuals whose visas have not been revoked.
A DHS spokesperson explained, “We have not reversed course on a single visa revocation. What we did is restore SEVIS access for people who had not had their visa revoked.” This clarification highlights a critical distinction; having a SEVIS record terminated does not automatically equate to a visa revocation, although it can potentially lead to one if not addressed.
Lawyers assert that the abrupt terminations of SEVIS records have left many students facing the threat of deportation. Banias explained, “If you don’t have a SEVIS record, you can’t provide the mandatory updates. Both the school and the USCIS maintain that terminating SEVIS effectively terminates F-1 status.”
The situation escalated across U.S. courtrooms where government lawyers sometimes struggled to clarify the legal status of students whose records had been terminated.
Many of the lawsuits stem from student interactions with law enforcement, even in cases of minor traffic violations or misdemeanors. However, lawyers have noted that numerous affected students had no law enforcement encounters at all.
The exact number of records being restored remains unclear. Nevertheless, recent weeks have seen two federal judges issue temporary restraining orders mandating that ICE temporarily reinstate the SEVIS status of two students from Ohio State University.
One of these students, Ahwar Sultan, had his SEVIS record terminated following his arrest during a pro-Palestinian protest, which later resulted in visa revocation. Sultan’s attorney, Rafael Urena, noted that Ohio State University had not yet updated Sultan’s status to reflect an active record following the government’s communications.
In a response to the growing legal challenges, the American Civil Liberties Union (ACLU) of New Hampshire has filed lawsuits on behalf of impacted students. One case involves Xiaotian Liu, a doctoral candidate at Dartmouth College, while another comprises a class-action lawsuit for students in several New England states and Puerto Rico.
According to Gilles Bissonnette, legal director of the ACLU of New Hampshire, the increasing number of legal filings and the initial rulings have significantly influenced the government’s decision to reactivate the SEVIS records for certain students.
Amidst this legal turmoil, Fanta Aw, CEO of NAFSA: Association of International Educators, expressed cautious optimism about the restoration news. Aw mentioned that her organization has recorded approximately 1,500 terminated cases. While relieved to see some records reinstated, she pointed out that many uncertainties linger, particularly for students who have lost job opportunities or were removed from classes due to the terminations.
“The relief comes from knowing that the question of, can I go to class today or tomorrow? The answer is yes,” Aw stated. “But it is troubling to understand that this occurred without a clear explanation, assuring students that it cannot happen again.”
During a recent hearing in U.S. District Court for the District of Columbia, Judge Ana Reyes pressed government representatives on the implications of SEVIS terminations.
“Do you realize that this is Kafkaesque?” she challenged.
Reyes remarked on the absurdity surrounding the situation, noting, “I’ve got two experienced immigration lawyers on behalf of a client who is months away from graduation, who has done nothing wrong, who has been terminated from a system that you all keep telling me has no effect on his immigration status, although that clearly is BS.”
The legal landscape remains complex and fluid as the government works on resolving the SEVIS situation, particularly for students whose academic futures hang in the balance. Further clarity on the reinstatement process and its implications for students not involved in litigation is still awaited.
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