US Election 2024

Trump admin ordered to reinstate legal status of 133 foreign students

A federal judge in Georgia has issued a ruling ordering the Trump administration to reinstate the legal statuses of 133 international students whose F-1 student visas were abruptly terminated by Immigration and Customs Enforcement (ICE) and Homeland Security (DHS). The students, many of whom are in good academic standing and close to completing their studies, had their records terminated on Homeland Security’s SEVIS (Student and Exchange Visitor Information System) without prior notice, explanation, or an opportunity to respond.

U.S. District Court Judge Victoria Calvert, a Biden appointee, granted temporary restraining orders on behalf of the plaintiffs and directed ICE and DHS to reinstate the students’ statuses retroactively to March 31, 2025. The lawsuit challenging the terminations was filed by the ACLU and other groups in the Northern District of Georgia, naming Attorney General Pam Bondi, Homeland Security Secretary Kristi Noem, and acting ICE Director Todd Lyons as defendants.

The plaintiffs argue that the SEVIS terminations were not carried out in accordance with statutory and regulatory authority and were used as a coercive tactic rather than a lawful enforcement action. Many of the affected students have no criminal records and were given inadequate notice to leave the U.S., despite maintaining valid student visas. Additionally, several of the students are enrolled in STEM programs or work placements, indicating their high academic achievements.

The government contends that the terminations were valid under existing laws and regulations, particularly when students were flagged during criminal record checks or had their visas revoked. However, Judge Calvert found that the terminations exceeded legal authority and likely violated the Administrative Procedure Act and the Fifth Amendment. She also rejected the government’s argument that granting relief to the students would impact executive control over immigration.

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The judge determined that the plaintiffs faced a significant threat of irreparable harm, including loss of legal status, education, employment, and emotional distress, and that the balance of harms and public interest favored the students. The decision was met with approval by Akiva Freidlin, the senior staff attorney at the ACLU-Georgia, who emphasized the importance of due process protections for all individuals in the U.S.

The case will proceed to a hearing for a preliminary injunction on Thursday, April 24, which could provide longer-term relief for the impacted students. The ruling underscores the importance of upholding constitutional rights and ensuring fair treatment for international students studying in the United States.

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