Court documents reveal that over 200 international students impacted by the Trump administration’s immigration policies are suing the State Department to reinstate their visas.
Although a judge has sided with these students in multiple cases and the Trump administration retrieved student records from the Student Exchange Visitor Information System (SEVIS), many students are still facing visa denials.
SEVIS records allow students to remain in the U.S. after entry; however, without valid visas, their ability to travel freely in and out of the country is severely limited. Essentially, students whose visas have been revoked might find it impossible to re-enter, despite being legally allowed to study here through SEVIS.
“I can’t even go home to cancel my visa,” an international student, wishing to remain anonymous, shared his feelings of entrapment.
An attorney representing affected students noted that those who left the U.S. are struggling to return, highlighting the difficulty some faced when reapplying for visas only to be denied.
Attorney Charles Cuck, involved in the lawsuits against the government, emphasized that many students are practically “unable to travel.” He mentioned being unable to visit family, attend significant events, or study abroad due to their revoked statuses.
Litigation filed in federal court
This immigration attorney, who represents 217 students, has initiated two lawsuits against Secretary of State Marco Rubio in recent months.
The first case, launched in early August by attorneys Stephen Brown and Brad Baneas, represents 59 U.S. students and names DHS Secretary Christie Noem and ICE acting director Todd Lyon as defendants.
The second lawsuit, filed in September by a team of lawyers, involves 158 international students and specifically targets Rubio.
Both lawsuits argue that the visa revocations were unlawful. The attorney is pushing for class-action status for the first lawsuit filed in August.
According to the lawyers, student visas may have been terminated due to the revocation of their SEVIS status, a decision ultimately overturned by the court.
Additionally, the suits allege that visas were canceled under a program called the “Student Criminal Foreigners Initiative,” asserting that the government failed to meet legal standards for these terminations.
The Trump administration had pursued an initiative aimed at international students that sparked this backlash.
In court statements, ICE claimed to have processed the names of 1.3 million foreign students through a federal database linking criminal history to immigration status, resulting in coordinated revocations of legal statuses by the DHS and State Department.
The State Department indicated that over 6,000 visas had been canceled since Trump took office, with a spokesperson stating their commitment to revoking visas for individuals who violate the law or threaten national security.
Neither DHS nor ICE responded to requests for comments, directing inquiries to the State Department instead.
Confusion about student status
Many individuals misunderstand the distinction between SEVIS and visas, leading to confusion about students’ situations following visa revocations, according to the attorney.
“People generally refer to visas in the context of immigration, but a visa is merely a document for entry into the U.S.,” Baneas clarified. “If your visa is revoked while in the U.S., you don’t have to leave immediately, but you’ll struggle to re-enter next time.”
Official government remarks might have contributed to this mix-up. DHS spokesperson Tricia McLaughlin mentioned that not every visa cancellation represents a change in course, indicating a restoration of SEVIS access for students without revoked visas.
However, McLaughlin’s statements contradict the experiences of several immigration lawyers who observed that many clients had their SEVIS records restored, while their visas remained terminated.
“You’d think the State Department would follow suit, but it hasn’t happened,” remarked Siskind, an immigration attorney.
Conversations with multiple immigration lawyers suggest that most students affected by the recent federal actions have had both their visas and SEVIS status terminated.
“It was very difficult for us.”
The complaints brought forth by the Immpact Litigation team detail the significant hardships that international students endure due to visa revocation, highlighting issues like disrupted career paths, mental health struggles, and financial losses.
Several international students shared their own challenges regarding visa cancellations. One individual noted that he and his brother had their visas revoked under serious allegations that were ultimately dismissed.
“It’s been really tough for us; we’ve dealt with a lot,” he reflected, expressing a desire to contest the visa termination, even though he is not part of the active lawsuits.
Efforts to restore SEVIS status progressed rapidly in the spring, as lawyers demonstrated irreparable harm and secured a restraining order.
“Proving irreparable harm for a visa is challenging,” Kuck remarked.
He anticipates that the lawsuit against the State Department will progress swiftly. However, some lawyers hesitated to predict exact timeframes for resolution, with Kuck estimating it might take around six months to a year.
Possible delays loom due to the government shutdown, as civil lawsuits against the federal government cannot proceed during that period.
While the lawsuits are advocating for the reinstatement of visas, the outcome remains uncertain.
“This fight might be heftier than others,” an attorney involved in the Immpact litigation noted, reflecting concerns about the challenges ahead.
