Eight international students in Utah whose permits to study in the country were revoked have sued the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement for the “unilateral” and abrupt termination of their legal status in the country, forcing them to lose school time and jobs while subjecting them to detention and deportation.
The American Civil Liberties Union (ACLU) filed the lawsuit in federal court in Utah on behalf of the students on Friday, asking for a temporary restraining order halting the removal of the individuals’ records from Student and Exchange Visitor Program (SEVIS), a database that tracks their visa compliance and allows them to stay in the country while they complete their studies, or in the case of recent graduates, maintain an early career job.
That, after more than 50 students were reported to be impacted by status revocations in Utah, many without any type of notice. Some of them didn’t have links with protests or a criminal background, generating confusion on campuses.
According to the suit, the Department of Homeland Security action violated the students’ rights for due process since they didn’t get a chance to contest the decision. It also alleges that erasing the SEVIS records was against federal law and violated the Constitution.
“(The students) were following all their visa requirements and had committed nothing that should have changed their status,” Aaron Welcher, communication director for the ACLU of Utah, said on Friday.
The ACLU declined to release some details about the students to protect their privacy. However, the organization said they are from China, Nigeria, Mexico and Japan and are attending different universities across the state, including the University of Utah, Brigham Young University and Ensign College. A ninth student from BYU-Idaho was also included in the complaint.
The students have been experiencing high levels of stress and anxiety after learning about their status terminations, and are uncertain about their futures, including fears of being labeled a national security or foreign policy threat, forbidding them from reentering the United States or other countries.
“The abrupt and unexplained termination of these students’ lawful SEVIS registration is profoundly concerning. These students now face deportation or worse, placing their education and futures in jeopardy,” Tom Ford, staff attorney at the ACLU of Utah, said in the release. “Coordinated attacks on due process are paving the way for the kind of tyrannical government our Constitution was meant to prevent — and the ACLU of Utah is taking action to stop that abuse of power and keep rights intact for all of us.”
The termination of SEVIS records effectively ends the students’ permits to be in the country. While the students have the option to apply for reinstatement of status with USCIS, according to the lawsuit, the federal government has informed multiple schools that they will deny all reinstatement applications for students in this specific situation.
The new process of removing SEVIS records was also criticized in the suit.
“If ICE believes a student is deportable for having a revoked visa, it has the authority to initiate removal proceedings and make its case in court,” the lawsuit reads. “However, it cannot misuse SEVIS to circumvent the law, strip students of status, and drive them out of the country without process.”
This report was originally published at UtahNewsDispatch.com.
