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A concerning trend is emerging for Indian students pursuing higher education in the United States where they are facing deportation for what are often considered minor offenses , such as traffic violations, petty theft, or even instances of disorderly conduct. These infractions, which previously resulted in fines or warnings, are now leading to the cancellation of student visas and deportation orders.
This is happening against the backdrop of generally stricter immigration policies and increased scrutiny of international students in the US. The administration is revisiting past cases, including those from several months ago, and revoking visas even when students had previously complied with legal requirements. For instance, a student who had been ticketed for speeding and paid the fine is now facing deportation.
Affected students are often informed of their visa cancellations through emails from their Designated School Officials (DSOs), instructing them to leave the U.S. immediately. These notifications are sometimes the first indication that their visa status has been revoked.
A new report by the American Immigration Lawyers Association (AILA) has raised concerns over the rising number of visa cancellations affecting international students in the United States, with Indian students making up nearly 50% of the cases reported.
As per AILA's April 17 policy brief, a total of 327 cases of cancelled visas or closed SEVIS (Student and Exchange Visitor Information System) records were gathered through reports submitted by students, attorneys, and university employees.
"The Department of State (DOS) and Immigration and Customs Enforcement (ICE) are aggressively targetting international students, including those without a history of protest, for visa revocation, termination of their status, and removal. Late last month, Secretary Rubio reported that DOS revoked more than 300 student visas and announced a new “Catch and Revoke” program that uses AI-assisted reviews to screen social media posts of student visa holders.1 Since that time, hundreds more students have had their visas revoked because of encounters with law enforcement, many of which did not result in a conviction," said AILA in a brief.
One of the most damaging actions being taken is that the US government is removing their names and records from the Student and Exchange Visitor Information System (SEVIS).
SEVIS is a system used by the U.S. Department of Homeland Security to keep track of all international students on visas like F-1 (regular academic students), J-1 (exchange visitors), and M-1 (vocational students). When a student’s record is deleted from this system, it’s like erasing their legal existence in the U.S. immigration database. It becomes very difficult—if not impossible—for the student to prove they were legally staying and studying in the U.S., making them more vulnerable to deportation and future visa issues.
On top of that, the U.S. has started using a really old immigration law from the 1940s again—the Alien Registration Act. This law was used back in wartime to keep a strict watch on immigrants, and using it now is making the situation even more chaotic and stressful for students.
AILA collected 327 reports of visa revocations and SEVIS terminations from attorneys, students, and university employees. These reports paint a concerning picture of the arbitrary nature of these visa revocations and terminations. Of these reports:
• 50 percent were on Optional Practical Training (OPT), meaning they had graduated and were employed in the United States. These individuals are unable to work immediately upon the termination of their SEVIS record. The road to re-instating status for those who have already graduated and are employed on OPT is much more difficult and murkier than those who are currently students.
• 50 percent of these students were from India, followed by 14 percent from China. Other significant countries represented in this data include South Korea, Nepal, and Bangladesh.
The top states impacted in this data are Texas, California, New York, Pennsylvania, Michigan, Arizona, Illinois, Massachusetts, Florida, and Virginia.
• 57 percent reported receiving notice of their visa revocation. The majority of these notices came by email from the consulate that issued their visa. Only 2 students reported any history of engaging in political protests. Notice for SEVIS termination varied significantly across the reports. Of the reports where it was clear where the notice came from, 83 percent received notice from only their university.
• There were a number of reported lags between SEVIS termination and notice of any kind, which may have immigration implications if a student continued to work without knowledge of this termination. This is particularly concerning because the universities are not receiving proactive notice from the federal government that a SEVIS record is terminated. Unless the university seeks out this information or a student prompts their university to check, the student would be unable to take steps to prevent any cascading immigration ramifications.
• Only 14 percent reported receiving notice from ICE, all of whom were students on OPT who received an email stating their OPT had been terminated. 7 percent reported receiving no notice at all. Several students reported that they proactively reached out to ICE through their Student and Exchange Visitor Program (SEVP) or discovered that their account was inaccessible, which prompted the discovery of the termination through their school.
• The stated rationale for the SEVIS terminations was not always consistent with the record. At least 17 reports indicate that their SEVIS record was terminated due to a criminal record and/or their visa was revoked when the student does not have a history of interaction with the police and there was nothing in their record that would prompt a visa revocation. While 86 percent reported some level of interaction with the police, 33 percent had their case dismissed, were never charged, or were never prosecuted.
Examples of Police Interactions: The document provides specific examples to illustrate the nature of these police encounters:
Domestic Violence Survivors: Two instances are cited where international students who were victims of domestic violence ended up being arrested alongside their abusers. In both cases, despite evidence of their victimhood (medical records in one), the legal system's requirement to take both parties into custody led to police involvement. Crucially, both cases were eventually dismissed, and one student had even graduated and was on Optional Practical Training (OPT).
Minor Infractions: Several examples highlight students encountering police for actions that many US citizens might consider routine or minor:
• Speeding tickets for slightly exceeding the speed limit.
• Traffic violations like illegal parking, not wearing a seatbelt, and expired vehicle plates.
• A misunderstanding leading to an "evading a vehicle" arrest.
• An accidental oversight at a self-checkout resulting in a theft investigation.
• A Texas STEM graduate student who was arrested for the “illegal consumption of alcohol by a minor” while exiting a college party. This was dismissed and was disclosed in subsequent visa applications that were approve
• Dismissal After Interaction: In all the provided examples of minor infractions, the cases were ultimately dismissed, indicating that the initial police involvement didn't lead to criminal charges or convictions.
What does this mean for their visa status?
This reveals a worrying disconnect between international students' interactions with the police and the potential immigration consequences they might face. Even when students are victims of crime or involved in minor incidents that don't lead to legal repercussions (dismissed cases, no charges), these interactions can still trigger scrutiny from immigration authorities and potentially jeopardize their visa status.
The examples highlight how cultural misunderstandings, minor traffic violations, or even being a survivor of a crime can lead to police contact for international students. The fact that a significant number of these cases are dismissed suggests that the initial police involvement often doesn't indicate serious wrongdoing.
" It is clear that transparency, oversight, and accountability are needed to prevent further arbitrary visa revocations and SEVIS record terminations. Finally, there should be a way for students to appeal SEVIS terminations that are inaccurate without facing a gap in their employment or requiring the university to be involved, given the sheer numbers of those impacted," said Shev)Dalal-Dheini, Senior Director of. Government Relations at American Immigration Lawyers Association.
