Kelli Stump, President of the American Immigration Lawyers Association (AILA) welcomed news that due to litigation efforts by myriad AILA members and organizations, Immigration and Customs Enforcement (ICE) authorities are reinstating international students’ records.
He said, “The new ICE policy announcement regarding the reinstatement of international students’ records in SEVIS in response to dozens of lawsuits filed across the country is welcome news. The agency vexatiously overstepped when it revoked student records in SEVIS without, what appears to be, going through the proper vetting channels. Across the country and the world, students, universities, and attorneys are breathing a collective sigh of relief today and at least for now. It’s a sad reality that this administration’s chaotic policies are the new normal. As we move forward, it is crucial to continue to address and rectify these harms and other similar threats to ensure that such overreach does not happen again.”
AILA had earlier collected 327 reports of visa revocations and SEVIS terminations from attorneys, students, and university employees. 50 percent of these students were from India, followed by 14 percent from China. Other significant countries represented in this data include South Korea, Nepal, and Bangladesh.
The stated rationale for the SEVIS terminations was not always consistent with the record. o At least 17 reports indicate that their SEVIS record was terminated due to a criminal record and/or their visa was revoked when the student does not have a history of interaction with the police and there was nothing in their record that would prompt a visa revocation. While 86 percent reported some level of interaction with the police, 33 percent had their case dismissed, were never charged, or were never prosecuted.
These police interactions included:
Students who were domestic violence survivors:
- A Michigan student who called the police during a domestic violence incident. The law of the state required both individuals to be taken into custody, even though the student was the domestic violence survivor. The case was dismissed, and the student had graduated and was working on OPT.
- A Connecticut domestic violence survivor who was arrested along with her abuser, had significant medical records documenting her injuries, and whose case was dismissed.
Students who encountered the police for infractions most US citizens would consider a daily occurrence:
- A Pennsylvania undergraduate who was issued a speeding ticket for going 70 mph in a 65-mph zone, and another in Kentucky who received a speeding ticket for going 80 mph in a 70 mph.
- A Missouri graduate student working on OPT that had tickets for illegal parking, not wearing a seatbelt, and expired plates.
- A nursing student in Texas was arrested for “evading a vehicle” when the police tried to pull them over at night. The student thought it was a fire truck, so they changed lanes to allow them to pass.
- A California student employed in a STEM field accidentally missed two items in the self-scan aisle at a national retail chain and the police were called for theft. The case was dismissed.
- A Texas STEM graduate student who was arrested for the “illegal consumption of alcohol by a minor” while exiting a college party. This was dismissed and was disclosed in subsequent visa applications that were approved.
Immigration attorneys state that it took more than 100 lawsuits and nearly 50 Temporary Restraining Orders (TROs) from district courts across the US. ICE authorities were unable to answer judges whether on termination of SEVIS, the said student was still lawfully present in the US. US agencies tried to downplay the irreparable harm SEVIS termination was causing, disruption in studies and optional practical training, and the fear of detention and deportation.
Explaining reactivation of SEVIS records, ICE has said that it is developing a policy that will provide a framework for SEVIS record terminations. Until then SEVIS records will remain active or will be re-activated and ICE will not modify the record solely based on the NCIC finding that resulted in the recent SEVIS record termination.
The National Crime Information Center (NCIC) is a central database for crime-related information in the US, maintained by the Criminal Justice Information Services Division (CJIS) of the Federal Bureau of Investigation. It provides access to virtually all law enforcement agencies nationwide and enables rapid exchange of information.
Many Immigration attorneys view that deployment of AI without any real cross checking of data led to hardship for hundreds of students whose SEVIS was terminated, some stayed back to challenge it in courts, others self deported.
