A federal judge in California issued a nationwide preliminary injunction on Thursday to prevent further terminations of the legal statuses of international students living and working across the US.
Judge Jeffrey S. White of the US District Court of the Northern District of California stated that President Donald Trump’s administration acted “arbitrarily and capriciously” and that the injunction would provide international students with “a measure of stability and certainty.” Judge White found the plaintiffs suffered “irreparable harm,” as despite the reinstatement of their Student Exchange and Visitor Information System (SEVIS) records, they do not know if they could be cancelled again.
The judge reasoned that nationwide relief was justified on the basis that the Student Criminal Alien Initiative affects “similarly situated F-1 nonimmigrants across the United States” and that there are “no countervailing safety or security concerns.” The injunction will allow plaintiffs to “continue their studies or their employment without the threat of re-termination hanging over their heads.”
The plaintiffs in this case are international students who filed complaints against the Trump administration from April 7 to 22, following the termination of 6,400 individuals’ SEVIS records. At least one of three reasons were provided for termination: “failing to maintain status,” being “identified in a criminal record check,” and having their “visas revoked.” None of these reasons, however, are listed as official justifications for termination. SEVIS is run by the Student and Exchange Visitor Program (SEVP), which in turn is managed by Immigration and Customs Enforcement (ICE). Its purpose is to “maintain information” regarding nonimmigrants on student visas. SEVIS records are separate from visas.
In a hearing in Washington, DC on April 29, the widespread cancellations were revealed to be effected under a “Student Criminal Alien Initiative.” The initiative was carried out by ICE at the instruction of the Department of Homeland Security (DHS). Judge White described the initiative as “a uniform policy that uniformly wreaked havoc.”
The case is pending resolution, with case management conferences to take place on August 1.
This ruling follows the Trump administration’s recent revocation of Harvard University’s SEVP record, an action which aims to prevent the university from enrolling international students and compel existing foreign students to “transfer or lose their legal status.” A federal judge on Friday temporarily blocked the administration from enforcing the revocation.
Many previous cases have been brought by international students in other states due to SEVIS record terminations. However, this is the first where nationwide relief has been requested.