The international student community is heaving a sigh of relief after the recent crackdown on several of them by the Trump administration on their legal status to stay in America. But, the news about the SEVIS record being restored may only be a temporary relief as the US authorities are likely to develop a more robust framework for any such termination of the SEVIS record in the future.
Two significant developments have occurred regarding the US Visa revocation of international students. Firstly, the Trump administration has restored the legal status by restoring records in the Student and Exchange Visitor Information System (SEVIS) of thousands of international students, and secondly, the US will develop a framework to ensure such revocation and termination of legal status is as per policy.
Several students have had their legal status deleted from SEVIS, prompting them to file court proceedings seeking temporary restraining orders (TRO). Carrie Zheng, a Boston University student, was involved in one such court proceeding.
SEVIS record termination means they were technically no longer in the country legally and at risk of detention and deportation
During the court proceedings, U.S. District Judge F. Dennis Saylor said he had received an email from a lawyer from the government alerting him to a change in position by Immigration and Customs Enforcement (ICE).
According to that email, ICE was now “developing a policy that will provide a framework for SEVIS record terminations.” Until that policy is issued, the SEVIS records for Zheng and similarly situated plaintiffs will remain active or will be restored, the email said.
The Department of Justice noted in a court filing later Friday that both students who sued the government and those who did not were among those reinstated in SEVIS.
The SEVIS record was perhaps terminated based on criminal records. Government officials clarified the reason behind the widespread visa revocations in the policy update released on Friday, stating that it was a search in the National Crime Information Center.
According to court documents, several of the students whose SEVIS status was altered were labeled as “OTHER—Individual identified in criminal records check and/or has had their VISA revoked.” Students with criminal histories were cited for several offenses, from underage drinking to overfishing and illegal driving. A few students had no criminal history at all.
“ICE will not modify the record solely based on the NCIC (National Crime Information Center) finding that resulted in the recent SEVIS record termination,” according to the court filing.
More than 1,840 students and recent graduates from more than 280 colleges and universities have been recognized by Inside Higher Ed as having reported SEVIS record shifts as of Friday morning. It remains to be seen how many get restored and within what time frame.
According to Reuters, U.S. Department of Homeland Security spokesperson Tricia McLaughlin, in a statement, said the agency, which oversees ICE, did not reverse course on visa revocations but restored SEVIS access “for people who had not had their visa revoked.”
Instead of restoring canceled visas, the Trump administration stated that it will temporarily restore records in a federal database that granted legal status to thousands of students.
The revocation of an F-1 visa does not constitute failure to maintain status and does not provide a basis to terminate F-1 student status under the SEVIS registration system.
Instead, if the visa is revoked, the student is permitted to continue to pursue her course of study in school, but upon departure from the United States, the SEVIS record is terminated, and the student must obtain a new visa from a consulate or embassy abroad before returning
None of the US authorities, including DHS, ICE, and USCIS, have issued a formal communication on the court’s ruling on SEVIS record restoration, which may be issued this week.
The confusion around F-1 visa revocation and SEVIS record restoration may come up now. No revoked visas have been restored, so international students with a revoked visa but a restored SEVIS record may have to reapply for a visa if leaving the U.S. or returning.