Even as hundreds of international students continue to get their records in the Student and Exchange Visitor Information System (SEVIS) unilaterally terminated, placing their legal status in the US in jeopardy, a California based international student has filed the first lawsuit, in a US district court, challenging this move.
SEVIS is the web-based information system that the US Department of Homeland Security (DHS) and US Immigration and Customs Enforcement (ICE) use to track and monitor international students during their ‘duration of study’. International students are finding their SEVIS record abruptly terminated and even their educational institutions are clueless about the reason for such termination.
Immigration attorneys state that minor blemishes such as littering, shifting lanes while driving, or driving under influence are some past minor skirmishes, which do not warrant such action by the agencies.
The termination of a SEVIS record effectively ends an international student’s F-1 legal status. There is no grace period following a SEVIS termination and consequently the International Student Service Office advises these students to depart the US as soon as possible.
The California based international student – referred to as ‘Student Doe #1’(his/her identity has been kept anonymous) has filed the lawsuit against Kristi Noem, Secretary (DHS) and Todd Lyons, Acting Director (ICE). The lawsuit challenges the unlawful termination of the plaintiff’s SEVIS record, which effectively strips him/her of the ability to remain a student in the US.
“DHS’s policy of unlawfully terminating SEVIS records based on visa revocations appears to be designed to coerce students, including the Plaintiff, into abandoning their studies and ‘self-deporting’ despite not violating their legal status. If ICE believes a student is deportable for having a revoked visa, it has the authority to initiate removal proceedings and make its case in court. It cannot, however, misuse SEVIS to circumvent the law, strip students of status, and drive them out of the country without process,” states the lawsuit complaint.
The Plaintiff has submitted that termination of theiSEVIS record, is unauthorized and violates the Administrative Procedure Act (APA) and the Fifth Amendment’s procedural due process requirements. The complaint details the legal framework governing F-1 student status and SEVIS terminations, asserting that the grounds cited by ICE do not provide legal authority for the termination.
It has been pointed out that the Plaintiff is a student athlete who does not drink alcohol or use illicit drugs. The student is focused on studies and sports. The Plaintiff’s only criminal history is a minor misdemeanor non-alcohol related driving conviction. The conviction was not for a crime of violence, nor did it carry a potential sentence of more than one year (which are grounds that can result in termination of legal status).
The Plaintiff is highly valued by his/her college, which desires that he/she continue to be enrolled. However, this is in jeopardy due to termination of SEVIS record and resultant termination of legal status in the US.
On or about April 1, the Plaintiff received a notice from his/her college that the student visa was revoked and SEVIS status was terminated. Two codes were given for the termination, these related to: Failure to maintain status and Foreign policy grounds.
Jath Shao, founder of an immigration law firm, told TOI, “Under DHS and federal regulations, there are just two conditions under which someone’s status can be terminated. The first, failure to maintain status (such as not studying full-time, unauthorised employment, lying to DHS or violent crime with more than a year of penalty). DHS can also terminate a status, if a previous waiver was revoked, if the Congress introduces a private bill, or if DHS publishes a notification in the Federal Register identifying national security, diplomatic, or public safety reasons for termination. DHS cannot otherwise unilaterally terminate non-immigrant status. These did not apply in the given case.”
“ICE’s own regulations also say that even if the State Department terminates someone’s visa (the document used to enter the US), it does not automatically mean that their status in this country is terminated,” adds Shao.
The Plaintiff has sought restoration of the SEVIS record and legal status and a declaration that the terminational was unlawful. All eyes will now be on the progress of this case in the US district court (Central District of California), the outcome will impact hundreds of students caught in the same predicament.
