US court grants temporary relief to 133 international students after sudden SEVIS termination

In a key development from the US, the Northern District of Georgia has granted temporary relief to 133 international students whose Student and Exchange Visitor Information System (SEVIS) records were abruptly terminated. These F-1 visa holders, at risk of losing their legal status and facing immediate deportation, received a Temporary Restraining Order (TRO) from the court on Friday evening. 

According to a TOI report by Lubna Kably, the Department of Homeland Security (DHS) has now been directed to reinstate their SEVIS records retroactively to March 31, 2025. Federal agencies have also been barred from using or disclosing the students’ personal data outside the scope of this litigation. A compliance notice must be filed by Tuesday. 

All 133 students, who had filed the lawsuit anonymously, were either nearing graduation or were on post-completion Optional Practical Training (OPT), a program that allows international students to work in the US. The lawsuit, among the largest of its kind, challenges what the students described as unlawful SEVIS terminations by DHS, Immigration and Customs Enforcement (ICE), and the US Attorney General. 

The students received notices between April 1 and 14 that their SEVIS records were being terminated. The stated reasons included visa revocations, alleged failure to maintain lawful status, or pending criminal background checks. The students, however, denied any wrongdoing and stated that they had complied with all legal visa requirements. 

They alleged violations under the Administrative Procedure Act (APA) and the Due Process Clause of the Fifth Amendment. According to the complaint, the terminations lacked proper notice, legal reasoning, and a fair opportunity to respond. The court agreed with their argument and observed that DHS’s authority to terminate F-1 status is limited by regulation. 

“There is substantial public interest in having governmental agencies abide by the federal laws that govern their existence and operations,” Judge Victoria Marie Calvert said. She held that visa revocation does not automatically end a student’s legal presence in the US and cannot justify SEVIS termination. 

Charles Kuck, founding partner of the immigration law firm Kuck Baxter, which represented the students, told TOI, “The overt ignoring of set immigration laws and policies by the Trump administration as it relates to foreign students is not just stunning, but dangerous. It sends a message that will reverberate for a generation as the best and most talented students that might have come to the US will consider and pursue their education options in other countries. This bad for America.” 

Judge Calvert further acknowledged the damage students would face without court intervention. These include being expelled from the country, missing job opportunities, losing scholarships, and suffering emotional distress. She also cited past rulings from other courts that had intervened in similar SEVIS terminations, stressing the importance of judicial oversight. 

The court also clarified that international students cannot seek relief under the Privacy Act, which only applies to US citizens and permanent residents. 

This ruling offers temporary protection, but a final decision is still pending. The outcome may shape how immigration enforcement handles student visa regulations in the future.

Source: https://economictimes.indiatimes.com/nri/migrate/us-court-grants-temporary-relief-to-133-international-students-after-sudden-sevis-termination/articleshow/120450164.cms