l SEVIS under fire: Students file federal lawsuits over terminations

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SEVIS under fire: Students file federal lawsuits over terminations

Immigration lawyers argue that many SEVIS terminations are being executed by denying students a reasonable chance to defend themselves or even be informed of the specific violation.

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More than 4,700 international students across the United States have had their SEVIS (Student and Exchange Visitor Information System) records terminated since April 4, 2025, according to data reviewed by the American Immigration Lawyers Association (AILA). The sudden surge in terminations has triggered a wave of legal challenges and renewed scrutiny over whether the Department of Homeland Security (DHS) is upholding the constitutional due process rights of non-citizen students.

Under 8 C.F.R. § 214.2(f), international students on F-1 visas must maintain a full course of study, avoid unauthorized employment, and comply with other regulatory requirements. Failure to do so can result in termination of status. Additionally, under 8 C.F.R. § 214.1(d), DHS may initiate terminations for reasons including revocation of a previously granted waiver, introduction of a private bill in Congress, or national security concerns.

However, many of the recent terminations appear to be based on minor legal encounters — such as traffic violations, misdemeanour arrests, or dismissed charges — with no formal convictions or findings of guilt. Students have reported receiving no prior warning or explanation, sparking concerns that the government is bypassing due process protections guaranteed under the Fifth Amendment of the U.S. Constitution.

“We cannot ignore that some violations do occur,” an immigration attorney said, “but a significant portion of these terminations involve students who were neither convicted nor even charged with serious crimes.”

Academic Futures in Jeopardy

Among the notable cases is that of Xiaotian Liu, a computer science student at an Ivy League institution, who had his visa suddenly revoked without any criminal history or immigration violation. In court filings, his attorneys argued that “he has not committed any crime or even a traffic violation… nor has he participated in any protest.” A federal judge ordered the reinstatement of his F-1 status on April 10, 2025, citing violations of procedural fairness.

In another ongoing case, Chinmay Deore et al. v. Kristi Noem, filed in the U.S. District Court for the Eastern District of Michigan, an Indian Ph.D. student is seeking a Temporary Restraining Order (TRO) to stop DHS from proceeding with SEVIS termination. The judge heard arguments on April 15, 2025, and a ruling is expected soon.

Meanwhile, the case of Krish Lal Isserdasani, a 21-year-old Indian student whose visa was cancelled weeks before graduation, has resulted in a federal court order barring deportation by the administration, citing a lack of just cause.

Legal Precedents and Due Process

Legal scholars point to the Sixth Circuit’s decision in Scorteanu v. INS, 339 F.3d 407 (2003), where the court emphasized that non-citizens are entitled to “notice that is reasonably calculated, under the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.”

Immigration lawyers argue that many SEVIS terminations are being executed without satisfying this standard, effectively denying students a reasonable chance to defend themselves or even be informed of the specific violation.

Practical Barriers to Legal Recourse

Despite growing legal awareness, most international students — particularly from India and other STEM-dominated regions — face steep barriers to filing federal lawsuits. With many students relying on student loans and limited work authorization, legal expenses pose a serious hurdle.

“It’s not a matter of justice anymore — it’s about affordability,” said a student advocate. “Even if a student is wrongfully terminated, they need thousands of dollars to hire an attorney and file in federal court. That’s not something a visa-holding student can always afford.”

As constitutional obligations under due process remain clear, advocacy groups are calling for urgent intervention to reinstate students wrongfully removed from the system, provide clear guidelines, and offer legal aid to those navigating this complex and costly process.

A Wake-Up Call for the Indian Student Community

With a large share of impacted students coming from India, the issue has triggered diplomatic attention. Over 65% of Indian students in the U.S. are in STEM fields, often unfamiliar with U.S. legal procedures. Legal clinics and student organizations are now mobilizing to educate and support affected students.

For now, the fate of thousands hangs in the balance — and constitutional protections are being tested in courtrooms across the country.

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