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IMMIGRATION APRIL 11, 2025 | The Indian Eye 35

tinue their studies in the school. federal court through the Admin- to challenge their detention as well as eign student who has protested, ei-
A school, unlike an employer, is istrative Procedure Act on grounds seek a bond hearing before an immi- ther on social media or through actu-
not obligated to verify a student on an that the action was arbitrary, capri- gration judge. And ultimately, at the al participation, against the military
I-9 form. A foreign student can be en- cious and the student was not given end of those deportation proceed- action in Gaza does not necessarily
rolled in a school even if they are not any warning or notice to respond. ings, the student could seek review in become a Hamas supporter. The stu-
in F-1 or H-1B status. A noncitizen The visa revocation itself cannot be federal court of the visa revocation. dent is protesting because they have
who is a DACA recipient or who has challenged in federal court before re- Although there is a vicious, un- been moved by tens of thousands of
a pending I-485 adjustment of status moval (deportation) proceedings, but precedented crackdown on foreign deaths of civilians including children.
application can be erolled. Indeed, a if the student is placed in deportation, students under the Trump adminis- Demonstrating compassion for hu-
foreign student who is not in any sta- they can challenge the proceedings in tration, with the help of lawyers and man suffering should not result in the
tus based on violating their status or immigration court. If a student is also legal organizations, they should stand student’s exile.
overstaying a visa can still be enrolled detained upon the initiation of depor- firm and challenge the revocation of
in school. A school need not issue a tation proceedings, they can file a ha- their visas, the termination of their *Kaitlyn Box is a Partner at Cyrus D.
Form I-20 to enroll a student in F-1 beas petition in federal district court status, and their deportation. A for- Mehta & Partners PLLC.
status. ___________________________________________________________________________________________________________________________________
There is no benchmark for a
school to know the status of a student Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta
who is enrolled. Thus, even if DHS & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
has cancelled the student’s status in mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
SEVIS the student should still be able Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
to continue their studies in school. of Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the
If the student has successfully Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
overcome the grounds of deporta-
tion, the student’s F-1 status can be Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
restored. If the student has received on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
an e mail, as described in the Times Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
of India article, that the visa has been and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
revoked, then if the student also immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among
learns that their SEVIS record has the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
been terminated, the student should
challenge the SEVIS termination in in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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