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 deportation 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. In the past, if a student had their visa revoked, they could stay in the U.S. to finish their studies — they simply would not be able to reenter if they left the country.
“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 traffic violations. 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 this spring, colleges told students to stop working or taking classes immediately 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.
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