Judge Restores F-1 Visas, Challenging Controversial Policy Decision

Wooden gavel resting on thick book

Federal Judge Victoria Calvert has ordered the Trump administration to restore F-1 visas for 133 international students after they were revoked without notice, giving a temporary reprieve to students who claim their constitutional rights were violated.

Key Takeaways

  • A Georgia federal judge issued a temporary restraining order requiring ICE to reinstate the legal status of 133 international students by April 22
  • The students’ visas were terminated without prior notice or opportunity to respond, which the judge ruled likely violated due process rights
  • Many affected students are weeks away from graduation or participating in authorized work programs
  • The ACLU and other legal groups filed the lawsuit, arguing the administration exceeded its legal authority
  • A preliminary injunction hearing is scheduled for April 24 to determine longer-term relief

Court Blocks Unexpected Visa Terminations

In a significant legal challenge to recent immigration enforcement actions, U.S. District Court Judge Victoria Marie Calvert issued a temporary restraining order blocking the Trump administration from terminating the legal status of 133 international students. The judge’s ruling requires immigration authorities to restore the students’ F-1 visas as if the revocation had never occurred, dating back to March 31. The order gives the administration until April 22 to reinstate the students’ records in the federal Student and Exchange Visitor Information System (SEVIS).

The lawsuit was filed by the American Civil Liberties Union of Georgia and other legal advocacy groups on behalf of the affected students. The case names several high-profile defendants, including Attorney General Pam Bondi and Homeland Security Secretary Kristi Noem. Judge Calvert’s ruling indicates the students are likely to succeed in their arguments that the administration’s actions exceeded legal authority and violated both the Administrative Procedure Act and Fifth Amendment protections.

Students Face Severe Educational Disruption

The court recognized the immediate and irreparable harm faced by the students, many of whom are approaching graduation or participating in authorized training programs. Without the judge’s intervention, these students would face potential detention and deportation despite having valid visas and no criminal records. The termination of their immigration status threatened not only their educational progress but also scholarships, housing, and career opportunities.

“Many Plaintiffs are mere weeks away from attaining their degrees,” Calvert wrote. “The loss of timely academic progress alone is sufficient to establish irreparable harm.”

The lawsuit, which is seeking class-action status, argues that the administration’s actions were coercive, designed to force students into abandoning their studies and self-deporting. Many of the affected students are enrolled in STEM programs or work placements, indicating they are high-achieving individuals contributing to the American educational system and economy.

Due Process Violations at Center of Legal Challenge

The core of the legal challenge focuses on the government’s failure to provide due process before terminating the students’ legal status. According to court documents, immigration authorities terminated the students’ records in the SEVIS database without prior notice, explanation, or opportunity to respond. The judge found that this approach likely violated constitutional protections that apply to everyone on American soil, regardless of citizenship status.

Government attorneys have argued that providing relief for the students interferes with the administration’s immigration policy authority. However, Judge Calvert determined that the plaintiffs are likely to prove that the termination of SEVIS registrations exceeded the bounds of statutory and regulatory authority. A preliminary injunction hearing is scheduled for April 24, which will determine whether longer-term protection will be granted to the students while the case proceeds.

Broader Immigration Enforcement Context

This case emerges amid broader concerns about the administration’s approach to international student visas. Critics have suggested that recent visa revocations may be targeting students involved in certain political activities on campus, raising questions about free speech protections. Some reports indicate that over 1,500 student visas may have been revoked in recent enforcement actions, though the government has not confirmed this figure.

Samantha Hamilton, impact litigation staff attorney at Advancing Justice, said,”We are so glad that the court recognized the irreparable harms that these students are facing as a result of the Government’s actions and that the court recognized the urgency with which it had to act in order to prevent grave injustices from occurring. Immigrants’ rights continue to be under attack every day in this country. It’s nice to see some light in the midst of all the injustice.”

In a related case, a federal judge ordered the transfer of Rumeysa Ozturk, a detained international student, from a Louisiana facility to Vermont. Ozturk was allegedly detained after co-authoring an op-ed criticizing her university’s administration, raising additional concerns about potential free speech violations in immigration enforcement actions.

Sources:

  1. https://www.highereddive.com/news/133-foreign-students-legal-status/745946/
  2. https://www.newsweek.com/ice-ordered-reinstate-legal-status-over-100-students-2062381
  3. https://www.foxnews.com/politics/federal-judge-orders-ice-reinstate-legal-status-133-foreign-students