A total of 17 students nationwide, including 7 international students and graduates from several prestigious universities in Georgia, are taking legal action against the federal government in response to what they claim are unfair visa cancellations. They argue that the government canceled their visas without due process, infringing upon their constitutionally guaranteed rights, and are appealing for help as they face academic disruption and potential deportation.
On April 11th, 17 students, including 5 current international students from major Georgian universities such as Georgia Tech, the University of Georgia (UGA), Emory University, and Kennesaw State University, and 2 alumni, filed a motion for a temporary restraining order with the U.S. District Court for the Northern District of Georgia through the Atlanta-based immigration law firm Cook Baxter. In their complaint, they strongly asserted that the federal government clearly violated their right to ‘due process’ as enshrined in the Fifth Amendment of the U.S. Constitution.
If the court does not grant their request for a temporary halt to the visa cancellations, these students face the risk of losing their current legal academic and employment eligibility, and could even be detained by federal immigration authorities or ultimately deported from the United States. Fortunately, no cases of actual detention among international students currently enrolled in Georgian universities have been reported so far.
According to an April 14th report by the Atlanta Journal-Constitution (AJC), the Georgian students involved in the lawsuit include a Division I athlete with a 4.0 GPA, a Georgia Tech undergraduate student set to graduate on May 2nd, and three students nearing completion of their doctoral degrees, adding to the sense of injustice. Additionally, the two alumni from Georgia Tech and Emory University are currently in their OPT (Optional Practical Training) period after graduation and are still sponsored by their respective universities.
Students from prominent universities in other states, such as Duke University, North Carolina State University, and Cornell University, are also participating in the lawsuit. It is reported that all 17 plaintiffs are using pseudonyms due to concerns about potential ‘retaliation’ from federal government officials, including Attorney General Pam Bondi, Homeland Security Secretary Kristjen Nielsen, and Acting Director of Immigration and Customs Enforcement (ICE) Todd Lyons.
In their complaint, the students argue that the federal government unilaterally canceled their records in SEVIS (Student and Exchange Visitor Information System), the electronic system for managing information about international students and exchange visitors, without providing any prior notice or opportunity to explain. Without a valid SEVIS record, the I-20 form (Certificate of Eligibility for Nonimmigrant Student Status), which is essential for obtaining a student visa, effectively becomes invalid, leading to the loss of legal student status. Consequently, students whose SEVIS records have been canceled face the serious risk of being targeted by immigration authorities and detained.
According to a report by the education website ‘Inside Higher Ed’ on April 12th, over 950 students and graduates nationwide have had their legal status changed, highlighting the severity of this visa cancellation issue. Generally, SEVIS records are canceled only in very limited circumstances, such as when a ‘student fails to maintain status,’ meaning they have dropped out of school or have been convicted of a serious criminal offense. However, the complaint states that all 17 plaintiffs in this lawsuit do not meet these SEVIS cancellation criteria.
However, the fact that all the students share a history of minor traffic violations leaves room for debate. Some students have records of speeding or driving with a suspended or expired license, and one student was reportedly arrested for drunk driving but later had the charge reduced to reckless driving. In response, the students’ legal team strongly argues in the complaint that “many of the charges were ultimately dismissed or amended, and simple arrest records or minor traffic tickets cannot be a legitimate basis for SEVIS termination under DHS’s own regulations.”
This lawsuit represents a desperate plea from international students against the federal government’s sudden and unfair visa cancellations, causing significant repercussions throughout the international student community in the United States. The legal community is closely watching whether the court will grant their request and provide urgent relief to allow them to continue their studies. The outcome of this lawsuit is expected to set an important precedent for the protection of the rights of international students in the U.S.
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