Court hears lawsuit over Georgia student visa terminations

ATLANTA - The Trump administration's move to revoke over a dozen visas for Georgia college students was the focus of a court hearing in Atlanta on Thursday.

Earlier this week, a group of 17 international students from schools like Emory, Georgia State, and the University of Georgia filed a federal lawsuit accusing U.S. Immigration and Customs Enforcement of illegally terminating their student status without due process.

During a hearing on Thursday, attorney Charles Kuck urged a federal judge to intervene.

Kuck asked the judge to issue a temporary restraining order which would allow impacted students to remain in the U.S. while the case plays out in court.

According to Kuck, none of the students he is representing have committed felony offenses and have no idea why their status is being terminated. 

"None of this makes sense," Kuck told reporters at a news conference after the hearing. "Because none of these students did anything that would make them removable from the United States."

Assistant U.S. Attorney David Powell told the judge the plaintiffs hadn't presented any evidence that revoking their student visas would cause irreparable harm, and said a student whose status is revoked can apply to be reinstated. However, Kuck insists that doesn't apply in this instance.

"They're not out of status," Kuck explained. "So how can they use a system to reinstate them when they are still in status? You can't do it. That's the great conundrum here."

The backstory:

The speed and scope of the federal government’s efforts to terminate the legal status of international students have stunned colleges across the country. Few corners of higher education have been untouched, as schools ranging from prestigious private universities, large public research institutions and tiny liberal arts colleges discover status terminations one after another among their students.

At least 901 students at more than 128 colleges and universities have had their visas revoked or their legal status terminated in recent weeks, according to an Associated Press review of university statements and correspondence with school officials. Advocacy groups collecting reports from colleges say hundreds more students could be caught up in the crackdown.

The Georgia 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 plaintiff's claim that the terminations were based on vague references to visa revocations or minor criminal background checks—some involving traffic citations, juvenile records, or dismissed charges.

Dig deeper:

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.

"We have case after case after case exactly like that, where there is no underlying crime," said Kuck, who is representing the 17 students. He said his law firm has heard from hundreds of students.

"These are kids who now, under the Trump administration, realize their position is fragile," he said. "They’ve preyed on a very vulnerable population. These kids aren’t hiding. They’re in school."

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.

This is one of many lawsuits filed around the country over the recent move by ICE. On Tuesday, two graduate students at Montana State University, Bozeman, were granted a temporary restraining order by a federal judge in Montana, restoring their terminated legal status and shielding them from efforts to remove them from the U.S.