An internal ICE SEVIS termination policy from the Donald Trump administration grants U.S. Immigration and Customs Enforcement (ICE) broad authority to revoke student visa status, even without specific violations.
The policy allows ICE to terminate the SEVIS (Student and Exchange Visitor Information System) records of student visa holders at its discretion, whether or not there has been a violation of visa conditions.
DOJ Filing Reveals ICE Guidance
Inside Higher Ed, an education-focused media outlet, reported on May 2 that the policy was disclosed in documents filed by the Department of Justice (DOJ) with the U.S. District Court for the District of Arizona. The documents were submitted in connection with an ongoing lawsuit over student visa cancellations, a case that has generated national attention.
The report stated that the DOJ’s filings include two key points: ICE can terminate visa status when a student fails to meet visa requirements, and critically, it can also do so even when no violation has occurred. The report added that nonimmigrant visa holders have no right to legally challenge these terminations.
No Legal Recourse for Student Visa Holders
Johnny Walker, an attorney for the DOJ, commented, “The policy was not finalized at the time,” but confirmed that “the guidance was internally communicated.”
Charles Kuck, a lawyer representing 133 student visa holders in the lawsuit, criticized the policy, saying, “It appears ICE issued this guidance to defend itself after courts repeatedly ruled to restore students’ status. This is essentially a document to clean up after their own actions.”
The lawsuit remains ongoing in the Arizona federal court.
BY YEOL JANG [jang.yeol@koreadaily.com]
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