The Trump administration has restored the legal status of thousands of international students in the United States by reactivating their records in the Student and Exchange Visitor Information System (SEVIS). This move has brought temporary relief to the international student community, which was facing uncertainty about their future in America.
The SEVIS record restoration means that these students are now considered to be in the country legally, and they can continue their studies without fear of detention and deportation. However, it’s essential to note that the restoration of SEVIS records does not necessarily mean that the students’ visas have been reinstated.
The US authorities have announced that they will develop a more robust framework for terminating SEVIS records in the future. This framework is expected to provide clarity on the grounds for termination and ensure that the process is fair and transparent. According to U.S. District Judge F. Dennis Saylor, the government has alerted him to a change in position by Immigration and Customs Enforcement (ICE), stating that they are “developing a policy that will provide a framework for SEVIS record terminations.”
The SEVIS record termination was based on a search in the National Crime Information Center (NCIC). Government officials clarified that the termination was not based on the students’ immigration status but rather on the NCIC finding. Students with criminal histories were cited for various offenses, including underage drinking, overfishing, and illegal driving. However, some students had no criminal history at all.
The SEVIS record termination had significant implications for international students. Those who had their records terminated were technically no longer in the country legally and were at risk of detention and deportation. Many students had filed court proceedings seeking temporary restraining orders (TRO) to prevent their deportation.
During the court proceedings, the Department of Justice noted that both students who sued the government and those who did not were among those reinstated in SEVIS. The court filing stated that ICE would not modify the record solely based on the NCIC finding that resulted in the recent SEVIS record termination.
According to Inside Higher Ed, more than 1,840 students and recent graduates from over 280 colleges and universities have reported SEVIS record shifts. Its unclear how many students will have their records restored and within what timeframe.
The restoration of SEVIS records has raised questions about the status of F-1 visas. According to the Trump administration, no revoked visas have been restored. International students with a revoked visa but a restored SEVIS record may have to reapply for a visa if they leave the US or need to return.
The US authorities, including the Department of Homeland Security (DHS), ICE, and USCIS, have not issued a formal communication on the court’s ruling on SEVIS record restoration. It’s expected that a formal communication may be issued soon, which will provide clarity on the next steps for international students.
The restoration of SEVIS records has brought temporary relief to international students in the US. However, the confusion around F-1 visa revocation and SEVIS record restoration continues. International students will have to wait for further clarification on the status of their visas and the implications of the new framework for terminating SEVIS records. The development of a new framework is expected to provide clarity on the grounds for termination and ensure that the process is fair and transparent.
