Recent weeks have seen the US government’s approach to international student visa management undergoing significant shifts, particularly concerning the Student and Exchange Visitor Information System (SEVIS).
SEVIS record terminations
Earlier this year, Immigration and Customs Enforcement (ICE) terminated the SEVIS records of over 4,700 international students, often citing minor infractions or alleged involvement in pro-Palestinian activities.
The abrupt terminations had the effect of disrupting the academic and legal standing of thousands of students. Many students were left out of status, jeopardizing their legal stay in the US, and leading to job losses, interrupted studies and emotional distress.
Current status
The terminations prompted widespread legal challenges, with courts in multiple states issuing restraining orders against the government’s actions.
In response, the Department of Homeland Security (DHS) announced the reinstatement of SEVIS records for affected students, acknowledging the need for clearer policies moving forward.
Students whose SEVIS records were terminated without formal visa revocations have had their records reinstated, allowing them to resume their studies and maintain legal status. However, despite the reinstatements, uncertainties remain, especially for students who have left the US or whose visas were formally revoked.
The administration’s actions have also sparked debates over the balance between national security and the rights of international students.
Next steps?
As of now, the US government has confirmed that ICE is developing a formal policy framework to govern future SEVIS record terminations. In the interim, ICE has agreed that all SEVIS records for affected students, including those who were plaintiffs in recent legal actions, will either remain active or be reactivated if they had previously been terminated.
ICE also stated that it will not take adverse action against a student’s SEVIS record solely based on prior NCIC database findings until the new policy is officially implemented. The temporary safeguard gives students some stability while longer-term procedures are finalized.
Need assistance?
International students should regularly consult with their university’s international office and legal advisors to stay updated on policy changes.
Contact us for specialist advice.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
