US government reveals new policy for terminating student visas
Share and Follow


In the past month, foreign students around the U.S. have been rattled to learn their records had been removed from a student database maintained by ICE.

WASHINGTON — The U.S. government has begun shedding new light on a crackdown on international students, spelling out how it targeted thousands of people and laying out the grounds for terminating their legal status.

The new details emerged in lawsuits filed by some of the students who suddenly had their status canceled in recent weeks with little explanation.

In the past month, foreign students around the U.S. have been rattled to learn their records had been removed from a student database maintained by Immigration and Customs Enforcement. Some went into hiding for fear of being picked up by immigration authorities or abandoned their studies to return home.

On Friday, after mounting court challenges, federal officials said the government was restoring international students’ legal status while it developed a framework to guide future terminations. In a court filing Monday, it shared the new policy: a document issued over the weekend with guidance on a range of reasons students’ status can be canceled, including the revocation of the visas they used to enter the U.S.

Brad Banias, an immigration attorney representing a student whose status was terminated, said the new guidelines vastly expand ICE’s authority beyond previous policy, which did not count visa revocation as grounds for losing legal status.

“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.

Many of the students who had visas revoked or lost their legal status said they had only minor infractions on their record, including driving infractions. Some did not know why they were targeted at all.

Lawyers for the government provided some explanation at a hearing Tuesday in the case of Banias’ client Akshar Patel, an international student studying information systems in Texas. Patel’s status was terminated — and then reinstated — this month, and he is seeking a preliminary court ruling to keep him from being deported.

In court filings and in the hearing, Department of Homeland Security officials said they ran the names of student visa holders through the National Crime Information Center, an FBI-run database that contains reams of information related to crimes. It includes the names of suspects, missing persons and people who have been arrested, even if they have never been charged with a crime or had charges dropped.

In total, about 6,400 students were identified in the database search, U.S. District Judge Ana Reyes said in the hearing Tuesday. One of the students was Patel, who had been pulled over and charged with reckless driving in 2018. The charge was ultimately dropped — information that is also in NCIC.

Patel appears in a spreadsheet with 734 students whose names had come up in NCIC. That spreadsheet was forwarded to a Homeland Security official, who, within 24 hours of receiving it, replied: “Please terminate all in SEVIS.” That’s a different database listing foreigners who have legal status as students in the U.S.

Reyes said the short time frame suggested that no one had reviewed the records individually to find out why the students’ names came up in NCIC.

“All of this could have been avoided if someone had taken a beat,” said Reyes, who was appointed by President Joe Biden. She said the government had demonstrated “an utter lack of concern for individuals who have come into this country.”

When colleges discovered the students no longer had legal status, it prompted chaos and confusion. In the past, college officials say, legal statuses typically were updated after colleges told the government the students were no longer studying at the school. In some cases, colleges told students to stop working or taking classes and warned them they could be deported.

Still, government attorneys said the change in the database did not mean the students actually lost legal status, even though some of the students were labeled “failure to maintain status.” Instead, lawyers said, it was intended to be an “investigative red flag.”

“Mr. Patel is lawfully present in the U.S.,” Andre Watson of the Department of Homeland Security said. “He is not subject to immediate detention or removal.”

Reyes declined to issue a preliminary injunction and urged lawyers from both sides to come to a settlement to ensure Patel could stay in the U.S.

The Associated Press’ education coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.

Share and Follow
You May Also Like
Alex Pretti's family slams Trump administration's 'sickening lies'

Alex Pretti’s Family Exposes Shocking Trump Administration Deceptions: Uncover the Truth

The grieving family of a Minneapolis nurse, fatally shot by the Department…
Trump threatens Canada with 100% tariffs if it makes a deal with China

Trump Warns Canada of 100% Tariffs Amid Potential Trade Deal with China

President Donald Trump has issued a stark warning to Canada, cautioning that…
Fox News Campus Radicals Newsletter: Union tell-all, Virginia Dems peddle DEI, far-left death threat on campus

Unmasking Campus Chaos: Union Exposé, Virginia DEI Push, and Alarming Far-Left Threats

A large crowd gathered in protest outside a rally featuring President Donald…
Texas posthumously exonerates Tommy Lee Walker, executed 70 years prior for rape and murder of White woman

Texas Posthumously Clears Tommy Lee Walker, Executed 70 Years Ago for Rape and Murder

In a poignant act of justice delayed, Dallas County officials have posthumously…
Fergie and Andrew's fragile state over Royal Lodge exit concerns pals

Royal Lodge Drama: Fergie and Andrew’s Uncertain Future Sparks Concern Among Friends

The “delicate” situation surrounding Sarah Ferguson and Andrew Mountbatten-Windsor is raising alarms…
FBI Director Kash Patel hails transfer of Most Wanted fugitive Alejandro Rosales Castillo after Mexico arrest

Fugitive Alejandro Rosales Castillo Captured in Mexico: FBI Director Kash Patel Commends Successful Transfer

FBI Director Kash Patel revealed on Friday that a fugitive from the…
Idaho murders photos put police on damage control as families fume over accidental release

Idaho Murders: Police Scramble for Damage Control After Accidental Photo Leak Sparks Family Outrage

WARNING: Graphic Content Local officials have raised concerns after graphic crime scene…
Russia-Ukraine war news: Russia attacks Ukraine ahead of second day of peace talks between US and both countries

Tensions Rise: Russia Launches Strikes on Ukraine Amid Peace Talks with US

In a wave of overnight Russian attacks on Ukraine, at least one…