The policy pivot came in a federal court hearing on April 25 that deemed the government’s mass termination of students from the Student and Exchange Visitor Information System (SEVIS) database to be illegal.
In court, government lawyers said a “new policy” was being developed by Immigration and Customs Enforcement (ICE) and that until it took effect, all student visa records “will remain active or shall be reactivated if not currently active”.
The justice department attorney added that no student would have their student record terminated “solely based on” recent criminal history checks that resulted in widespread terminations.
Several colleges are already reporting the restoration of some students’ SEVIS records, but the scope of the reversals is not yet certain and NAFSA has warned that educators must be clear on the meaning of the court ruling.
“While this is good news, and a welcome affirmation that our efforts to defend international students and scholars from these baseless charges are succeeding, we must be clear in our understanding of what the statement by the Department of Justice lawyer means and what it doesn’t,” said the association.
“We and our clients breathed a sigh of relief when the government reversed the SEVIS terminations, but uncertainty remains,” Fragomen immigration lawyers Aaron Blumberg and Daniel Pierce told The PIE.
For example, they explained that students whose SEVIS records were terminated for two weeks may have exceeded the maximum allowable unemployment period if they were on optional practical training tied to their studies.
As of April 25, over 1,800 international students had seen their SEVIS records terminated or visas revoked, causing fear among educators and students – with some individuals choosing to leave the US.
We are concerned that students who chose to leave the United States and whose visas were revoked may struggle to get back into the country
Fragomen immigration lawyers
NAFSA highlighted that the reversals relate only to SEVIS records terminated by ICE, rather than visa revocations, meaning that some students may have their status reactivated but still risk being denied re-entry into the US after international travel.
A visa revocation, while significant, only impacts a person’s ability to return to the country, whereas a student SEVIS status permits them to remain in the US.
In some cases, students have been unaware of the termination of their status, which is held on the SEVIS web system used by the Department of Homeland Security (DHS) to maintain information about F-1 students.
Traditionally, student visa revocations have not been common, but in recent weeks the US government has begun terminating students’ status either in addition to or instead of revoking their visas.
In the absence of disaggregated counts of visa revocation and SEVIS record termination, how the policy pivot relates to visa revocations remains unclear.
There has been no explanation from the state department (DOS) on this issue.
Responding to The PIE News, a DOS spokesperson explained: “Visas and SEVIS are distinct parts of the process for international students and exchange visitors to study or participate in programs in the US.
“The Department revokes visas every day in order to secure America’s borders and keep our communities safe – and will continue to do so.”
Friday’s hearing followed weeks of mounting legal challenges against US government, totalling over 100 lawsuits and more than 50 cases of judges ordering the administration to temporarily undo their actions, according to Politico.
Though a landmark decision for international students, sector leaders have warned that the result does not necessarily bring an end to all SEVIS terminations, as the court heard that ICE was “developing a policy that will provide a framework for SEVIS record terminations”.
“When that policy will be issued and how it might impact students remains to be seen,” said Blumberg and Pierce: “The stakes are high, and we hope any forthcoming policy will prioritise transparency, fairness, and consistency.”
Lawyers in Friday’s case said they were seeking a nationwide court order prohibiting the government from arresting or incarcerating students. But the government said it was “premature” to consider anything of the kind while ICE was reactivating records and developing a new policy.
US District Judge Jeffrey S White ordered the government to clarify the policy, adding: “It seems like with this administration there’s a new world order every single day… it’s like whack-a-mole,” according to Associated Press.
It seems like with this administration there’s a new world order every single day… it’s like whack-a-mole
US District Judge Jeffrey S White
What’s more, the government attorney’s statement applied specifically to SEVIS records terminated “solely based on the NICIC finding”, the central crime information centre for law enforcement across the US.
“This leaves open the possibility that SEVIS records that were terminated for other reasons would not be reactivated,” NAFSA explained.
It is also unclear what the reversals will mean for students who decided to leave the US after being stripped of their student status, with NAFSA emphasising the need to support these individuals to get new visas to resume their studies at US universities.
Blumberg and Pierce said they were “concerned” that students who left the country and whose visas were revoked may struggle to get back into the US: “Those students must apply for a new F-1 visa at a consulate and undergo full vetting.”
“That may lead to heightened scrutiny, significant delays in visa issuance, or even visa denial . The uncertainty surrounding their ability to return is deeply troubling for both the students and the institutions supporting them,” they added.
In March, secretary of state Marco Rubio said that his department was revoking the visas of students who took part in pro-Palestinian protests and those with criminal charges.
However, many students who saw their status terminated said they did not fall under those categories and argued that they were denied due process. Educators further criticised the state department for its lack of transparency surrounding revocations.
According to NAFSA, the stress of the revocations was exacerbated by the lack of rationale provided by the government, “which ranged from wholly absent, to conflicting, to downright baseless”.
