No relief yet for F-1 students as US plans new study visa termination rules

Last week, a US court directed the reinstatement of SEVIS records for 133 students, including Indians, who claimed their visa status was wrongly terminated

The United States government is preparing to introduce a new policy to govern the termination of SEVIS records, following lawsuits from international students over wrongful visa cancellations.

 

SEVIS, or the Student and Exchange Visitor Information System, is the database used to track compliance of international students with their visa conditions.

 

Court orders prompt action after student lawsuits

 

Last week, a federal judge in Georgia issued Temporary Restraining Orders (TROs) directing the reinstatement of SEVIS records for 133 students, including Indians, who claimed their visa status was wrongly terminated. The students, holding F-1 and M-1 visas, alleged that their SEVIS records were closed after law enforcement checks, often involving no criminal convictions or charges.

 

The sudden cancellations left students panicked and confused, with many unaware they were even under scrutiny.

 

A government lawyer later told a federal court in Oakland, California, that the Department of Homeland Security (DHS) was reversing the terminations. In a statement read in court and emailed to lawyers, the government said it was working on a framework to guide SEVIS record terminations going forward.

 

“ICE is developing a policy that will provide a framework for SEVIS record terminations. Until such a policy is issued, the SEVIS records for plaintiff(s) in this case (and other similarly situated plaintiffs) will remain Active or shall be re-activated if not currently active and ICE will not modify the record solely based on the NCIC finding that resulted in the recent SEVIS record termination,” the statement read.

 

Brian Green, a lawyer representing one of the plaintiffs, said the government had confirmed the temporary protection would apply to all students in the same situation, not just those who filed lawsuits.

 

The NCIC, or National Crime Information Centre, is a database maintained by the FBI.

 

How the crackdown unfolded

 

According to an Associated Press review of university statements and court filings:

 

< At least 1,220 students across 187 institutions had visas revoked or legal status terminated since late March

< Some students left the country, others stopped attending classes, and a few went into hiding

< University officials often discovered the terminations during routine database checks

 

The US government’s actions followed an announcement by US Secretary of State Marco Rubio last month that his department was revoking visas of visitors acting against national interests. This included protesters against Israel’s war in Gaza and individuals facing criminal charges.

 

However, many international students whose status was revoked said they did not fit into either category, or had only minor incidents on record.

 

Sheela Murthy, president and CEO of US-based Murthy Law Firm, told Business Standard there was little individual review behind the mass cancellations.

 

“Based on our understanding, the Department of Homeland Security took a shortcut of targeting anyone who had any type of incident or had their fingerprints taken or attended a court hearing,” said Murthy. “They may have used AI to send out blanket visa revocations and SEVIS terminations without confirming if they were throwing the baby out with the bathwater.”

 

She added that most affected students either had no criminal record or had seen their cases dismissed. “The revocations and terminations in those cases would be clearly incorrect and violate due process under US law,” she said.

 

According to experts, the damage could have been severe

 

Mamta Shekhawat, founder of study abroad platform Gradding.com, said the reinstatement offers students a much-needed reprieve.

 

“This victory served as a relief to the students who were struggling due to Trump’s strict policies for SEVPs,” Shekhawat told Business Standard. “The students can now continue their studies in the US without the disruption and uncertainty of cancellation.”

 

Shekhawat also warned about the potential consequences had the revocations not been reversed.

 

“There would have been severe consequences. Deportation is the most predictable. The students could have faced legal proceedings and lost the chance to complete their education in the US,” she said. “That would mean an incomplete degree and serious difficulty in finding jobs, plus long-term visa challenges in over 100 countries.”

 

Murthy pointed out that families stood to lose both money and years of investment in education.

 

“Families could have lost hundreds of thousands of dollars and years of investment in a US education, all because of an error by the government,” said Murthy.

 

Uncertainty remains over permanent status

 

Legal experts say the reinstatements remain provisional until further court rulings are made.

 

“The reinstatements may not be a permanent fix at this time,” said Anna Stepanova, assistant managing attorney at Murthy Law Firm. “It’s a direct response to federal judges’ TROs, which are still temporary until a final order is issued. Without that, students may also be blocked from changing status or applying for a green card in future.”

 

Murthy said she hopes the reinstatement allows students to move forward. “The hope is that with the reinstatement, students will be able to continue their education, obtain F-1 OPT, and possibly pursue the STEM OPT later.”

 

Shekhawat advised students to stay vigilant about their SEVIS profiles.

 

“They should also regularly consult their Designated School Officials (DSOs) and follow the right procedures for changes like course drops or transfers,” she said.