Trump administration to restore foreign students’ legal status, for now

REUTERS/FAITH NINIVAGGI/FILE PHOTO

Students walk on the campus of Harvard University in Cambridge, Mass., on April 15. The Trump administration said today it is restoring the previously terminated legal statuses of hundreds of foreign students in the United States while it develops a policy that will provide a framework for potentially ending them in the future.

BOSTON >> The Trump administration said today it is restoring the previously terminated legal statuses of hundreds of foreign students in the United States while it develops a policy that will provide a framework for potentially ending them in the future.

The decision was announced during a court hearing before a federal judge in Boston who is presiding over a challenge by one of the many international students across the country suing over actions the administration took against them as part of Republican President Donald Trump’s hardline crackdown on immigration.

Their legal statuses had been revoked as a result of their records being terminated from a database of the approximately 1.1 million foreign student visa holders, putting them at risk of deportation.

Asked how he felt about his legal status reinstatement, one international student who sued the government texted, “relief mostly and still very much anxious about next steps.” He asked not to be named.

Since Trump took office on January 20, records for more than 4,700 students have been removed from the U.S. Immigration and Customs Enforcement-maintained Student and Exchange Visitor Information System (SEVIS), according to the American Immigration Lawyers Association.

The database monitors compliance with visa terms and records foreign students’ addresses, progress toward graduation and other information. To remain in the database, student visa holders have to obey conditions such as limits on employment and avoiding illegal activity.

Don't miss out on what's happening!

Stay in touch with breaking news, as it happens, conveniently in your email inbox. It's FREE!

Email Sign Up
By clicking to sign up, you agree to Star-Advertiser's and Google's Terms of Service and Privacy Policy. This form is protected by reCAPTCHA.

University groups said the cancellations, which stoked fear on campuses, risked scaring off foreign students who are a source of global talent and contributed $44 billion to the U.S. economy last year.

In court filings, the administration had said that it could end students’ eligibility to be in the U.S. if they, for example, turn up in a criminal history search.

But hundreds of students in lawsuits filed in recent weeks said their records were terminated based on charges that had been dismissed or for minor offenses when legally their status could only be revoked if they were convicted of violent crimes.

Over 200 students removed from SEVIS have won court orders temporarily barring the administration from taking actions against them, according to a Reuters count, including Boston University student Carrie Zheng.

Shortly before a Friday hearing in her case, 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 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.

In a court filing later today, the Department of Justice said the students reinstated in SEVIS comprised both those who sued the government and those who did not.

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.”

Saylor said that given that the reactivation of the SEVIS records for the students would take some time, he would extend a temporary restraining order he previously issued barring immigration officials from arresting or deporting Zheng.

Zheng’s lawyers did not respond to a request for comment.

14 Comments
By participating in online discussions you acknowledge that you have agreed to the Terms of Service. An insightful discussion of ideas and viewpoints is encouraged, but comments must be civil and in good taste, with no personal attacks. If your comments are inappropriate, you may be banned from posting. Report comments if you believe they do not follow our guidelines. Having trouble with comments? Learn more here.
Please log in to comment