DOJ Reverses Policy on Legal Status of International Students
The Department of Justice reversed course on its pursuit of terminating the legal status of many international students studying in the United States. The reversal affects students who had received notices of their visas being revoked and/or had their records erased in the Student Exchange Visitor Information System (SEVIS) over the past several weeks. The announcement came in conjunction with a host of lawsuits filed by individuals and groups on behalf of the international student community.
It is estimated that since late March, thousands of students have been targeted by the Departments of State and Homeland Security for visa revocation. The Trump Administration has justified the terminations as part of its broader efforts to crack down on criminal and pro-terrorist activity and sentiment among undocumented and international student populations. However, the visa revocations and elimination of SEVIS records affected many students with either extremely limited and minor infractions, such as traffic violations, or no discernible criminal record at all.
Several federal judges have already issued orders temporarily restoring students’ records. In the three days following the policy reversal, colleges reported the restoration of the SEVIS records of approximately 4,700 students. It is unclear, however, if all students who had SEVIS records deleted will have them restored and if students who had their visas revoked will have those restored as well.
Looking forward, DOJ officials have indicated that Immigration and Customs Enforcement (ICE) will develop a policy framework for future SEVIS records terminations. Until that policy is promulgated, the SEVIS records for affected international students will remain active or will be re-activated, according to federal government lawyers. Further, ICE will not alter a student’s SEVIS record based solely on information from the National Crime Information Center, a national crime database managed by the FBI believed to have been responsible for identifying many of the targeted students.
It remains unclear when ICW will release a formal policy. Many campuses are reporting that students who left the U.S. are finishing their spring semesters online and will try to reapply for a new visa while waiting for the policy specifics to emerge.
For more information, please contact:
Karin Johns