Nearly 351 international students, many of whom are Indians, have filed a second-amended class action suit, which in addition to the unlawful SEVIS terminations and visa revocations also challenges the recent memo issued by the Immigration and Customs Enforcement (ICE) on SEVIS termination.
As covered by TOI in its edition of May 1, as per the new memo, student visa revocations by the US Department of State (DOS), which are not subject to court challenge can be a ground to terminate an international student’s ‘Student and Exchange Visitor Information System’ (SEVIS) record.
Also read: Reinstated international students at risk again after new ICE memo on SEVIS terminations
Typically, F-1 visa holders (international students undergoing academic studies) are allowed to remain in the US for the duration of their academic program plus an additional 60-day grace period. However, if a student’s SEVIS record is terminated, this grace period no longer applies, potentially leading to immediate loss of legal status and the need to depart the US immediately.
Based on the memo, revocation of a F-1 visa would result in SEVIS termination leaving the students in a precarious situation. “A visa revocation should not, legally, impact a student’s immigration status in the US, yet such a revocation will be treated by ICE in a manner that constructively terminates that student’s status by cutting off the ability to work, to study, and to change immigration statuses within the US (say from student visa to work visa)”, points out the lawsuit complaint.
Greg Siskind, one of the attorneys involved in this case had pointed out that “DOS could revoke a visa for phantom reasons with no due process to address why revocation happened. The Trump Administration is counting on the argument that nothing DOS decides is reviewable by a court.”
It appears to be the first lawsuit to be filed against Marco Rubio, in his capacity as Secretary Department of State (DOS), in addition to the acting director of ICE and Secretary, DHS. Previous lawsuits have only covered ICE and DHS.
In their lawsuit complaint filed in a US district court (Northern District of Georgia), the plaintiffs (351 international students who proceeded with the lawsuit pseudonymously) point out that the ICE-memo, constitutes a legislative rule that was unlawfully promulgated without following the required notice-and-comment process under the Administrative Procedure Act (APA). The memo reportedly introduced a new policy allowing the termination of SEVIS records in the event of a visa revocation, which the plaintiffs argue is inconsistent with existing regulations and represents a drastic shift in ICE’s long-standing policy.
They contend that between 4,000 and 8,000 students across the US had their SEVIS records unlawfully terminated by (ICE), a bureau of the Department of Homeland Security (DHS). These terminations were carried out by automated systems, without proper legal authority or procedural due process, and occurred just weeks before key academic milestones like semester-end or graduation.
ICE lacked statutory or regulatory authority to initiate such terminations under the applicable regulations, which allows termination only in three narrow and specific cases, viz: revocation of a previous waiver, introduction of a private bill for permanent residence or notification in a federal register identifying national security, diplomatic, or public safety reasons for termination. Visa revocation is not one of the grounds for SEVIS termination under the regulations.
The plaintiffs asserts that the memo unlawfully expands ICE’s authority to terminate SEVIS records without regard for whether students are complying with their F-1 visa requirements under the regulations and without adhering to the regulatory bases for termination covered by the regulations.
The lawsuit complaint goes on to explain that in April 2025, after facing over 50 lawsuits challenging the SEVIS terminations, ICE announced partial reactivations of SEVIS records—but explicitly excluded students whose visas had been revoked by the DOS, despite the fact that many revocations stemmed from the SEVIS terminations themselves. ICE also issued a new policy on April 26, 2025, attempting to justify SEVIS terminations based on visa revocations, asserting removability. Plaintiffs argue this constitutes unlawful and retroactive policy-making.
They allege collusion between ICE and the DOS to maximize the punitive impact of these actions, and assert that such conduct violates federal regulations and constitutional due process.
Impact Litigation firms (Bless Litigation, Joseph and Hall, Kuck Baxter and Siskind Susser) are representing the students.
In their lawsuit, the international students are asking the district court to take several major actions to undo what they describe as unlawful and damaging SEVIS terminations and/or visa revocations. They plead that the case should be treated as class-action on behalf of all affected students whose SEVIS records were terminated after March 24, 2025, without legal justification. The mass termination of SEVIS should be treated as illegal and the termination cancelled. Students’ immigration status should be restored to what it was before the terminations, including restoring any valid visas and work authorizations. International students who have been impacted should be allowed to apply for work permits under the Optional Practical Training Program, even if they missed the deadlines because of the actions of the US agencies. Any harmful or incorrect information should be deleted from government databases that could wrongly label students as criminals or immigration violators. The new ICE policy that allows SEVIS records to be terminated based solely on VISA revocations should be struck down.
Legal claims made:
First cause of action: The SEVIS terminations and visa revocations were arbitrary, capricious, and unlawful under the APA.
Second cause of action: The actions violated the Fifth Amendment’s Due Process Clause by depriving students of their rights without notice or a meaningful opportunity to be heard.
Third cause of action: ICE’s memo dated April 26, permitting SEVIS terminations based on visa revocations was an unlawfully promulgated legislative rule.
Fourth cause of action: The Secretary of State exceeded statutory authority by coordinating mass visa revocations, violating the Immigration and Nationality Act and the non-delegation doctrine.