Legal challenge renewed against US government visa revocations

The Presidents’ Alliance and the Association of Independent Colleges and Universities in Massachusetts (AICUM) filed the amended complaint on June 27, marking an update on an earlier legal challenge protesting the administration’s “unlawful” attacks on international students. 

“This spring, DHS unlawfully terminated SEVIS records based on visa revocations and alleged criminal histories – neither of which is a lawful basis under current regulations”, reads the complaint. 

“Although many records have since been reactivated, DHS and the State Department continue this unlawful practice,” it continues. 

“Through this amended complaint, higher education is standing together to defend the rights and contributions of international students and scholars, whose presence, innovation, and ideas strengthen our communities and grow our economy,” said Presidents’ Alliance CEO Miriam Feldblum.  

The Alliance and AICUM have called on the court to deem the government’s actions illegal, prevent them from carrying out further revocations, and hold agencies accountable for the “unprecedented” and “damaging” practices. 

Since the administration started restoring thousands of SEVIS records, DHS has formalised a policy allowing the government to cancel a student’s legal status if the visa they used to enter the US is revoked, which the plaintiffs deem unlawful.  

Previously, a visa revocation would only impact a person’s ability to return to the country but would not end their permission to stay in the US as a student.  

Under the policy, “even students whose SEVIS records have been reinstated continue to face uncertainty, unanswered questions about their education and career prospects, and ongoing vulnerability”, said Feldblum.  

The complaint also claims that the State Department continues to mislead students with “coercive emails” falsely ordering them to leave the US immediately, when really, visa status only impacts a person’s ability to return to the country and is inapplicable to whether a student already in the US may remain. 

Even students whose SEVIS records have been reinstated continue to face uncertainty, unanswered questions… and ongoing vulnerability

Miriam Feldblum, Presidents’ Alliance

“Our overarching goal for this litigation is to ensure due process, and that any changes to the SEVIS program be done in full compliance with statutory and regulatory procedures,” said AICUM president Rob McCarron. 

He highlighted the “vibrancy and innovation” that international students bring to campuses across the state, with over 80,000 at colleges in Massachusetts, where the complaint has been filed.  

Across the US, international students comprise less than 6% of the total student population, with stakeholders emphasising their “outsized” impact, contributing approximately $44 bn to the US economy and supporting 378,000 jobs in 2023/24.  

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