17 international students in Georgia accuse ICE of violating due process in visa revocation

A group of 17 international students from universities across the country has filed a federal lawsuit in Georgia. 

The lawsuit accuses U.S. Immigration and Customs Enforcement of illegally terminating their student status without due process.

SEE ALSO: Four Emory University students faces immigration record termination

What we know:

Filed in the Northern District of Georgia, the lawsuit alleges that ICE unlawfully used the Student and Exchange Visitor Information System (SEVIS) to strip students of their legal status despite their continued compliance with visa terms. The suit names U.S. Attorney General Merrick Garland, Homeland Security Secretary Alejandro Mayorkas, and Acting ICE Director Tae Johnson as defendants.

The plaintiffs, identified under pseudonyms such as Jane Doe 1 and John Doe 2 due to fears of retaliation, say their SEVIS records were abruptly terminated. The terminations were based on vague references to visa revocations or minor criminal background checks—some involving traffic citations, juvenile records, or dismissed charges.

The lawsuit cites multiple instances in which students received notice that their SEVIS records were marked "terminated" due to vague or inappropriate grounds. In many cases, students were told their status was revoked for being "identified in criminal records check," despite no formal charges, convictions, or deportable offenses.

One plaintiff, Jane Doe 1, a Colombian national and Division I athlete at Kennesaw State University, said her SEVIS status was terminated following a dismissed domestic violence charge. Another plaintiff, John Doe 3, a senior at Georgia Tech, was notified of termination days before graduation despite his only legal record involving a dismissed traffic charge.

ICE’s actions, the lawsuit claims, violated the Administrative Procedure Act and the Fifth Amendment’s due process protections. The plaintiffs argue they were not given prior notice or an opportunity to contest the terminations.

What they're saying:

According to the suit, "ICE has created chaos as schools have attempted to understand what is happening and do their best to inform and advise students." "Even when a visa is revoked, ICE is not authorized to terminate Plaintiffs’ student status," the complaint states. "Plaintiffs have a constitutionally protected property interest in their SEVIS registration," the suit says, noting that removal from the system jeopardizes not just education but legal residency, employment, and reentry into the U.S. "No Plaintiff has been placed in removal proceedings," the complaint states. "ICE cannot misuse SEVIS to circumvent the law, strip students of status, and drive them out of the country without process."

The case comes amid heightened scrutiny of student visa enforcement under the Trump administration. Plaintiffs warn the policy shift could have chilling effects on higher education and international enrollment across the U.S.

What we don't know:

The defendants listed in this lawsuit have yet to file a response.

Dig deeper:

The SEVIS database is a system used by the Department of Homeland Security to monitor international students’ compliance with the terms of their F-1 visa status. The students argue that revocation of a visa alone does not authorize SEVIS termination under current federal regulations. The suit also highlights that several universities, including the University of Georgia and Georgia Tech, were blindsided by the mass terminations and were not responsible for initiating them.

What's next:

Attorneys Charles Kuck and Danielle Claffey, who filed the suit on April 11, are seeking a temporary restraining order to reinstate the students’ SEVIS registrations and restore their legal status, including work authorization under OPT or CPT programs. The court has yet to rule on the motion for emergency relief.

The Source: The details in this article come from a lawsuit filed in federal court.

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