Introduction to the Reversal of Termination of Legal Status for International Students
Some international students in Chicago have had their student visas reinstated after court challenges around the U.S. led the federal government to reverse the termination of legal status for international students, lawyers said Friday.
Background on the Termination of Student Visas
Judges around the country had already issued temporary orders restoring the students’ records in a federal database of international students maintained by U.S. Immigration and Customs Enforcement, or ICE. The records had been suddenly terminated in recent weeks, often without the students or their schools being notified.
Legal Challenges and Reinstatement of Student Visas
Chicago-based immigration attorney Waleed Nasir represents eight students who sued in Chicago federal court after their records were removed from the Student Exchange and Visitor Information System. Those students had their student visas reinstated after a federal judge ordered the government to do so earlier this week. Nasir said he started hearing from clients and other immigration attorneys Thursday evening about visas being restored for other students.
Reaction to the Policy Change
“There’s been a change of policy overnight … things have entered a new stage,” Nasir said. “So, I wouldn’t say that the war is over but maybe this battle is.” Still, Nasir said it was hard to quantify the damage that had already been done by the decision to abruptly revoke student visas in the first place. He spoke of students who had turned down job offers or decided to leave the country rather than risk arrest by immigration agents.
Impact on International Students and Universities
WBEZ last week reported on a University of Illinois at Chicago student from India who had decided to self-deport on the advice of attorneys. Sarah Spreitzer, vice president of the American Council on Education, said she started hearing from campuses Thursday about students being added back to the Student Exchange and Visitor Information System, or SEVIS. She said the students were being reinstated just as quietly and abruptly as they had been removed.
Government Response and Policy Development
A lawyer for the government read a statement in federal court in Oakland that said ICE was manually restoring the student status for people whose records were terminated in recent weeks. A similar statement was read by a government attorney in a separate case in Washington on Friday, said lawyer Brian Green, who represents the plaintiff in that case. Green provided The Associated Press with a copy of the statement that the government lawyer emailed to him.
University Responses and Ongoing Support
It says: “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.” Green said that the government lawyer said it would apply to all students in the same situation, not just those who had filed lawsuits.
Conclusion
The reversal of the termination of legal status for international students is a significant development, but it also leaves many questions unanswered. Universities and international students are still seeking basic information from the federal government about why it was revoking student visas, whose visas would be terminated, and now whose visas are being restored. As the situation continues to unfold, universities stand ready to support their international students and navigate the complexities of federal immigration actions.
FAQs
- Q: What happened to the student visas of international students in the U.S.?
A: The student visas of many international students were terminated without notice, but the government has since reversed this decision and is reinstating the visas. - Q: Why were the student visas terminated?
A: The reasons for the termination are not fully clear, but many students were told it was due to a criminal records check or that their visa had been revoked. - Q: How are universities responding to the situation?
A: Universities are providing support, guidance, and resources to help international students navigate the situation and are seeking clarity from the federal government on the policies and procedures for SEVIS record terminations. - Q: What is SEVIS, and how does it relate to international students?
A: SEVIS is the Student and Exchange Visitor Information System, a database that tracks international students’ compliance with their visa status. It is maintained by U.S. Immigration and Customs Enforcement (ICE). - Q: What does the reversal of the termination of legal status mean for international students?
A: The reversal means that international students whose visas were terminated will have their student status reinstated, allowing them to continue their studies in the U.S. without fear of arrest or deportation due to the termination of their visa status.
