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Updated April 30th 2025, 22:07 IST

US Government's New Policy Terminates International Students’ Legal Status

Thousands of international students across US were wrongly stripped of their legal status in recent weeks after their names appeared in a government database.

Reported by: Medha Singh
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US Government's New Policy Terminates International Students’ Legal Status
US Government's New Policy Terminates International Students’ Legal Status | Image: AP

Washington: Thousands of international students across the United States were wrongly stripped of their legal status in recent weeks after their names appeared in a government crime database, sparking widespread fear, confusion, and legal challenges.

The crackdown, led by the US Department of Homeland Security (DHS), relied on data from the FBI-run National Crime Information Center (NCIC) and resulted in the termination of student records in the federal SEVIS system — a database that tracks international students legally studying in the US.

According to court filings, the government later reversed its decision and restored students' legal status after multiple lawsuits were filed, admitting the action lacked due process and was based on questionable grounds.

Students Swept Into Crackdown Without Warning

International students were alarmed to learn that their legal status had been abruptly canceled with no explanation. Many went into hiding for fear of deportation, while others abandoned their studies and returned home.

The issue came to light after students filed lawsuits and demanded clarification. In one case, immigration attorney Brad Banias, representing Indian student Akshar Patel, challenged the government's move.

“This just gave them carte blanche to have the State Department revoke a visa and then deport those students even if they’ve done nothing wrong,” Banias said. He emphasized that the new guidelines vastly expanded ICE’s authority, allowing deportations based solely on visa revocations, even for minor offenses or no charges at all.

Previously, visa revocation did not automatically lead to the loss of legal status. Students could still complete their studies, but were barred from reentering the US if they left.

NCIC Data Used Without Individual Review

In Patel’s case, DHS terminated his status based on a 2018 reckless driving charge that was ultimately dropped — a detail stored in the NCIC database. Patel was one of 734 students whose names appeared on a spreadsheet flagged for action.

The document was forwarded to a Homeland Security official who, within 24 hours, responded with the instruction: “Please terminate all in SEVIS.”

At a hearing on Tuesday, US District Judge Ana Reyes criticized the hasty decision, saying, “All of this could have been avoided if someone had taken a beat.”

Reyes condemned the blanket termination process, noting the “utter lack of concern for individuals who have come into this country.”

Government attorneys argued that the SEVIS update was only an “investigative red flag”, not an actual termination of legal status.

“Mr. Patel is lawfully present in the US,” said Andre Watson of DHS. “He is not subject to immediate detention or removal.”

Still, Reyes pointed out that the affected students were marked as “failure to maintain status”, a classification that typically results in automatic deportation proceedings.

Colleges Left in Chaos

The crackdown triggered confusion in schools across the US. Several colleges reportedly instructed students to stop attending classes or working and warned them about potential deportation.

In normal circumstances, a student's legal status is updated only after the school reports that the student is no longer enrolled. This time, colleges were blindsided.

The affected students included many who had only minor infractions, such as traffic violations, while others claimed they were unaware of any infractions at all.

Legal Status Temporarily Restored

On Friday, in response to mounting legal pressure, the federal government announced it was restoring students’ legal status while drafting new policies for future terminations.

The new guidance, released over the weekend, outlined expanded reasons for termination, including visa revocation, a significant departure from past protocols.

Judge Reyes declined to issue a preliminary injunction for Patel but urged both sides to reach a settlement that would protect his right to remain in the US.

As of now, about 6,400 students had been flagged in the NCIC-based search, but only 734 were actively terminated, according to court records.

Published April 30th 2025, 22:06 IST