ATLANTA (CN) — Over a hundred international students filed a request with a federal judge on Thursday, seeking to restore their ability to study and work in the U.S. while the court investigates whether the government improperly terminated their immigration records.
Attorney Charles Kuck argued that the students face significant harm, including the threat of detention and deportation, as many are on the verge of graduating or have already secured jobs after completing their studies. Kuck emphasized that none of the students involved in the case had committed any offense that would warrant deportation.
The case highlights concerns over the Trump administration’s ongoing immigration crackdown, which has disproportionately affected foreign students. Kuck expressed his frustration over the timing of the action, pointing out the significant impact of the terminations just weeks before graduation. “This is a disaster,” he said after Thursday’s hearing. “Doing this in January is very different than doing it in April. I don’t think any of this is unintentional. This is what the administration has been doing.”
David Powell, representing the U.S. Attorney’s Office, urged the judge to limit the scope of the case to the students from Georgia or transfer the entire case to Washington, D.C., since only 26 of the 133 students listed in the lawsuit are enrolled in Georgia universities.
Kuck rejected this suggestion, stating that the core issue at hand is the abrupt termination of students’ immigration records and whether it violates their due process rights. He urged the judge to keep the case in Georgia to avoid unnecessary delays and ensure a fair resolution for all plaintiffs.
During the hearing, U.S. District Judge Victoria Calvert, appointed by President Joe Biden, asked Powell to provide more details about the nature of the terminations. However, Powell admitted he was unaware of the specifics, stating, “At this point, we don’t have that information. I think it’s a centralized operation in D.C., but I’m not sure.”
Last week, Judge Calvert granted the students a temporary restraining order, reinstating their student status and SEVIS authorization. She found that the students had shown a “substantial likelihood of success” in proving that the government overstepped its authority by terminating their SEVIS records.
SEVIS, an online database maintained by U.S. Immigration and Customs Enforcement (ICE), tracks foreign students’ compliance with their F-1 visas. While termination of a SEVIS record does not automatically strip a student of their legal status, it can lead to the revocation of their visa and jeopardize their lawful presence in the U.S.
Some of the students involved in the lawsuit had already graduated but were in the U.S. under “optional practical training” (OPT), a program that allows graduates to work for up to three years in their field of study while awaiting employment visas. Calvert noted that many of the plaintiffs were just weeks away from completing their degrees, and the loss of their academic status could cause irreparable harm.
The judge also highlighted the emotional toll the situation had taken on the students, many of whom reported high levels of anxiety due to the uncertainty surrounding their futures. “If plaintiffs cannot work or study, they cannot remain in the United States legally and will therefore be subjected to removal proceedings or forced to return to their native countries on their own,” Calvert wrote in her ruling.
The students received notifications in early April informing them that their SEVIS records had been terminated due to issues with a criminal background check or claims of failing to maintain their status. Some were even told their visas had been revoked and were directed to leave the U.S. Despite these claims, the students argue they were in full compliance with visa requirements, which stipulate that students must maintain a full course load, avoid unemployment, and refrain from committing serious crimes.
Kuck pointed out that many of the students had only minor misdemeanor offenses, such as traffic violations, which did not warrant termination of their status. “ICE has received 17 temporary restraining orders on this exact issue. They appear to be wrong,” Kuck said. “If any of the people were removable, they’d be at their houses, but they’re not.”
As of April 24, more than 280 U.S. colleges and universities had identified over 1,800 international students and recent graduates whose legal status had been altered by the State Department, according to an analysis by Inside Higher Ed.
Judge Calvert is expected to rule on the request for a preliminary injunction before the 14-day temporary restraining order expires.
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