Over 200 international students, who were caught in the crosshairs of the Trump administration’s immigration policies, are now actively suing the US State Department. Their goal: to reclaim their revoked visas. Despite numerous federal court orders that compelled the government to restore these students’ records within the Student Exchange Visitor Information System (SEVIS), a significant number continue to be denied visas, trapping them outside the country. Many students who left the U.S. after their visas were cancelled have been forced to reapply, only to face further rejections, effectively preventing their return even though they are legally entitled to continue their studies.
Two Federal Lawsuits Challenge State Department Actions
In recent months, a total of 217 students have been represented in two separate federal lawsuits challenging the visa revocations initiated by Secretary of State Marco Rubio. The initial lawsuit, lodged in early August by attorneys Steven Brown and Brad Banias on behalf of 59 students, also includes Department of Homeland Security Secretary Kristi Noem and Todd Lyons, the acting director of ICE, as defendants. There are plans to seek class-action status for this case.
The second lawsuit, filed in September by IMMpact Litigation—a collaborative group of independent immigration law firms—represents 158 students and is directed solely at Secretary Rubio. Both legal actions assert that a substantial number of these visa revocations were a direct consequence of automated SEVIS terminations that had previously been halted by court orders, thus rendering the subsequent revocations illegal.
The ‘Student Criminal Alien Initiative’ Under the Trump Administration
Attorneys contend that these revocations were systemically implemented under the Department of Homeland Security’s controversial ‘Student Criminal Alien Initiative.’ This program allegedly circumvented the standard individualized review process that is typically required before a visa can be terminated. Court records reveal that Immigration and Customs Enforcement (ICE) screened 1.3 million foreign student names against federal criminal databases. Students identified through this system frequently experienced the revocation of both their SEVIS records and their visas.
The State Department has confirmed the cancellation of over 6,000 student visas since the start of the Trump administration, with officials defending the initiative as a national security measure aimed at individuals who violate U.S. law or pose a threat to its citizens.
Understanding the Difference: SEVIS Records vs. Visa Status
According to legal experts, a widespread misunderstanding regarding the distinction between SEVIS records and visa status has only exacerbated the challenges faced by these students. A SEVIS record dictates a student’s eligibility to stay in the U.S., whereas a visa grants the privilege of entering and exiting the country. Many students, despite having their SEVIS records legally reinstated, are still awaiting the reissuance of their visas. This bureaucratic limbo prevents them from crucial activities like visiting family, attending significant life events, or participating in study abroad programs. Greg Siskind, founder of visalaw.com, expressed his astonishment that the State Department did not automatically restore visas once SEVIS records were corrected.
Profound Impact on Students and Their Families
The complaint filed by IMMpact Litigation vividly details the severe hardships endured by these students, encompassing derailed career aspirations, significant financial losses, and profound emotional distress. Lawyers highlight how visa revocations act as impenetrable barriers, preventing students from being present for vital family and personal milestones. Charles Kuck, representing some of the affected students, shared poignant examples of individuals unable to visit ailing parents, attend siblings’ weddings, or participate in essential study abroad opportunities.
Legal Battles Expected to Span Many Months
Although the restoration of SEVIS statuses was expedited once courts acknowledged the irreversible harm inflicted, the process of visa reinstatement is anticipated to be considerably slower. Legal counsel projects that a resolution could take anywhere from six months to a full year, with potential further delays caused by any future federal government shutdowns, which freeze civil litigation against federal agencies.
The plaintiffs’ attorneys are steadfastly pursuing full visa reinstatement. As Charles Kuck succinctly put it, ‘For many international students, a revoked visa is a barrier to living a normal life in the US while pursuing their education.’
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