A Georgia federal judge has ordered the reinstatement of F-1 visas for 133 international students after finding their abrupt termination likely violated constitutional rights, dealing a significant blow to recent immigration enforcement actions.
Quick Takes
- Judge Victoria Marie Calvert issued a temporary restraining order requiring immediate reinstatement of the students’ legal status by April 22
- The court found the government likely violated due process by terminating visas without proper notice or opportunity to respond
- Many affected students are weeks from graduation or participating in authorized work programs
- The ACLU-led lawsuit argues the terminations were coercive attempts to intimidate students rather than lawful enforcement
- The ruling challenges the administration’s authority over student visa terminations in the SEVIS database
Court Finds Due Process Likely Violated
U.S. District Court Judge Victoria Marie Calvert determined that Immigration and Customs Enforcement (ICE) likely overstepped its legal authority when it abruptly terminated the Student and Exchange Visitor Information System (SEVIS) records of 133 international students. The judge’s temporary restraining order mandates the government restore the students’ F-1 visa status by April 22, effectively blocking potential deportation proceedings. In her ruling, Judge Calvert found that the students demonstrated a strong likelihood of success in their arguments against the administration’s actions, particularly regarding violations of the Administrative Procedure Act and Fifth Amendment protections.
The court’s order noted that the visa terminations occurred without prior notice, explanation, or opportunity for the affected students to respond. Most of the students had valid visas, were maintaining their academic requirements, and had no criminal records. The lawsuit, filed by the ACLU and other advocacy groups, names several high-profile defendants, including the Department of Homeland Security and its leadership. Judge Calvert’s ruling specifically challenges the government’s procedures, suggesting that federal agencies may have bypassed required legal steps in their enforcement actions.
Students Face Severe Educational Disruptions
The visa terminations threatened to cause severe and irreparable harm to the academic progress and future prospects of the affected students. Many were just weeks away from completing their degrees when their legal status was suddenly terminated. The disruption not only jeopardized their education but also affected scholarships, housing, and career opportunities. The impact was particularly severe for students in STEM programs and those participating in authorized work placements, many of whom were described as high-achieving individuals with no history of immigration violations.
“Many plaintiffs are mere weeks away from attaining their degrees,” Calvert wrote. “The loss of timely academic progress alone is sufficient to establish irreparable harm.”
The case has brought attention to broader concerns about international student treatment in the United States. In a related case, a federal judge ordered the transfer of Rumeysa Ozturk, a detained international student, from a Louisiana facility to Vermont after finding evidence suggesting she may have been detained in retaliation for co-authoring an op-ed criticizing her university’s administration. These cases highlight growing tensions between immigration enforcement policies and protections for academic freedom and due process rights for non-citizens studying in American institutions.
Legal Challenge Continues with Broader Implications
The lawsuit, which seeks class-action status, aims to permanently block the administration from similar terminations of international students’ legal status across several states and territories. Legal experts view the temporary restraining order as just the beginning of what could be a protracted legal battle with significant implications for immigration enforcement practices. Government attorneys have argued that judicial relief for the students interferes with federal authority over immigration policy, setting up a potential clash over executive powers and constitutional protections for non-citizens.
A preliminary injunction hearing scheduled for April 24 will further examine the legality of the visa terminations and could provide more lasting protection for the affected students. The case highlights growing concerns about the treatment of international students and the procedural safeguards that should be in place before such significant actions as visa terminations. The court’s final decision could set important precedents regarding the limits of administrative authority in immigration enforcement and the constitutional protections afforded to visa holders in the United States.
​Sources:
- https://www.highereddive.com/news/133-foreign-students-legal-status/745946/
- https://www.newsweek.com/ice-ordered-reinstate-legal-status-over-100-students-2062381
- https://www.foxnews.com/politics/federal-judge-orders-ice-reinstate-legal-status-133-foreign-students