The Trump administration recently proposed a policy that enhances the authority of federal officials to terminate the legal residency status of international students in the Student Exchange and Visitor Information System (SEVIS). The policy provides vague justifications for termination, citing noncompliance with visa terms and the possibility of visa revocation without the need for evidence or court challenges. Immigration lawyers warn that this will allow for widespread deportation of students, particularly if they face any legal issues. The policy is confirmed by U.S. attorneys but is not yet finalized, leaving its future uncertain.
"This is very bad news for foreign students," said Charles Kuck, an immigration attorney representing 133 international students in the largest lawsuit challenging recent SEVIS terminations. "Any student who's arrested, literally for any reason, is probably going to have their status terminated going forward."
The policy detailed in the filings asserts that immigration officials have the 'inherent authority' to terminate students' legal residency status in the Student Exchange and Visitor Information System 'as needed.'
It also explicitly lays out two new justifications for SEVIS terminations: the vague 'evidence of failure to comply' with nonimmigrant visa terms, and a visa revocation, which can be issued without evidence of a violation by the State Department.
Last Friday a U.S. attorney promised an official update to ICE policy on SEVIS terminations. On Tuesday, U.S. attorneys presented the document as evidence in a court filing in Arizona, describing it as 'recently issued ... policy regarding the termination of SEVIS records.'
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