Trump admin faces deadline to reinstate F-1 visas of 133 students

The Trump administration faces a deadline of 5 p.m. Tuesday, April 22, to reinstate the F-1 visas of 133 students facing deportation. Federal Judge Victoria M. Calvert ordered Immigration and Customs Enforcement (ICE) to reinstate the students’ legal status on Friday, April 18.

Calvert issued a temporary restraining order to halt the administration’s efforts to strip students of their visas.  The order is to remain in effect for two weeks.

Who brought the lawsuit against the administration?

ACLU affiliates and law firm Shaheen & Gordon filed the class action lawsuit on behalf of the students. The suit requested the students’ F-1 visa status be restored and that they be allowed to continue their education. 

Akiva Freidlin, an attorney for the ACLU-Georgia, celebrated Friday’s ruling in a statement on Monday, April 21.

“The Constitution protects everyone on American soil, so the Trump administration cannot ignore due process to unjustifiably threaten students with the loss of immigration status, and arrest and deportation,” Freidlin said. “We believe this ruling shows the students are likely to prevail on their claims and we are pleased the court ordered the government to halt its unlawful actions while the lawsuit continues.”

What’s at stake?

The ruling comes amid President Donald Trump’s promise for mass deportations and as his administration revokes visas for international students accused of taking part in pro-Palestinian protests on university campuses. The move stems from an executive order Trump signed earlier this year which cracks down on antisemitism at universities.

How are critics responding?

Civil rights advocates said the Trump administration’s efforts violate free speech rights as it targets student visas based on participation in activism or activities like handing out flyers.

The lawsuit contended ICE’s cancellation of student visas strips them of their legal status and puts them at risk of deportation.

The suit stated that “DHS’s act of unlawfully terminating SEVIS (Student and Exchange Visitor Information System) records appears to be designed to coerce students, including each plaintiff, into abandoning their studies and ‘self-deporting,’ despite not violating their status.”

Who is included in the lawsuit?

The plaintiffs include students set to graduate and members of authorized work programs. Many of the students who are part of the lawsuit were cited in the past for minor traffic violations or misdemeanors. In most cases the charges were dropped, Newsweek wrote. Other students have no citations or criminal history.

The Trump administration’s legal team defended its stance and said it is enforcing the authorities granted to the executive branch.

How many students have been impacted?

More than 1,500 student visas have been canceled as part of the administration’s targeting of foreign students engaged in protests or other political activities, according to reporting by Inside Higher Ed.

Students holding F-1 visas must meet several stipulations, including being admitted to a school, having proof of financial support and undergoing an interview with the U.S. Embassy.

Visa holders must also maintain stellar grades and face restrictions when it comes to working outside of the university.

University officials reportedly found some students’ legal status was canceled in a federal database, in many cases without notice. That’s a change from the previous policy, when educational institutions would provide these updates.

What happens next?

Another hearing in the case is scheduled for Thursday, April 24 as Calvert seeks to find out if the Trump administration complied with her order.