The US Department of Justice has announced that it will reverse the cancellation of thousands of international student visas. The move comes after widespread reports that US Immigration and Customs Enforcement (ICE) had been terminating the visa status of international students via SEVIS (Student and Exchange Visitor Information System) without notice or explanation.
The cancellations, which began early this month, affected thousands of students, with estimates suggesting that over 1,000 students had their visa status terminated. The reasons for the cancellations were unclear, with some students being told that their records were terminated due to a “foreign policy threat,” while others were given vague references to a criminal records check or visa revocation.
In response to the cancellations, US institutions and peak bodies began to take legal action, with over 100 lawsuits filed to date. Judges in at least 50 of those actions have ordered US officials to temporarily undo the visa cancellations. The Presidents’ Alliance on Higher Education and Immigration filed a lawsuit on April 24, challenging the Department of Homeland Security’s (DHS) mass termination of SEVIS records for F-1 students and participants in the Optional Practical Training (OPT) program.
In a court hearing on April 25, the Justice Department announced that ICE would undertake a wholesale reversal of the student visa cancellations. The department stated that ICE is working on a new policy regarding foreign students studying in the US on F-1 visas and that no students will have their SEVIS records terminated solely based on criminal history checks that had flagged misdemeanor charges and dismissed cases.
International educators and advocates have welcomed the reversal but acknowledge the harm that the government’s enforcement action has already caused. “Trust is broken for students that this is a system that is fair and consistent and transparent,” said NAFSA CEO Fanta Aw. “I don’t have to tell you how hard it is to rebuild that.”
While the government response leaves the door open to further enforcement action within SEVIS, it appears that the legal actions brought to date have been an effective challenge to the government’s initial action. The Presidents’ Alliance lawsuit is ongoing, and it’s unclear what the new policy will entail.
“We are going to court to protect the rights of international students and defend our member institutions’ ability to attract, retain, and support them,” said Presidents’ Alliance CEO Miriam Feldblum. “The unlawful termination of student records without due process strikes at the heart of higher education’s mission.”
The reversal of the student visa cancellations brings relief to thousands of international students in the US. However, the uncertainty and fear caused by the government’s initial action will take time to dissipate.
