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IMMIGRATION MAY 09, 2025 | The Indian Eye 31
DHS Reverses Course, Restores
Student SEVIS Records—But Future
Remains Uncertain
CYRUS MEHTA temporary while the agency NCIC finding that resulted in My colleague Jeff Joseph, that, itself, is illegal. ICE
worked on a new, unspecified the recent SEVIS record ter- ponders in a LinkedIn post: can’t create rules that mod-
n the wake of a wave of policy. Tricia McLaughlin, a mination.” “What remains unresolved, erate conduct and create
dozens of lawsuits and DHS spokesperson, said, “We “It is good to see ICE unfortunately, is the shrapnel penalties without doing so
Iemergency court orders have not reversed course on a recognize the illegality of its that remains from this illegal through formal rulemaking
following sudden revocations single visa revocation. What actions canceling SEVIS reg- action: and notice and comment.
of the visas of foreign students we did is restore SEVIS ac- istrations for these students. 1. SEVIS has been restored, So, creating this policy may
and scholars and deletion of cess for people who had not Sad that it took losing 50 but the visas were also re- solve part of the TROs, but
thousands of Student and Ex- had their visa revoked.” A times. What we don’t yet know voked as a result of the il- attorneys will just amend
change Visitor Information statement from a government is what ICE will do to repair legal SEVIS termination, the complaints to challenge
System (SEVIS) records by attorney in one of the law- the damage it has done, espe- and , guess what? Visa re- the rulemaking power of
the Department of Homeland suits said, “ICE is developing cially for those students who vocations are NOT subject the agency as well as the
Security (DHS) without notice a policy that will provide a lost jobs and offers and had to judicial review, so there fact that it is ultra vires to
or explanation, which have framework for SEVIS record visas revoked,” said Charles may be no way to challenge when ICE is allowed to
thrown foreign students’ lives terminations. Until such a Kuck, an attorney for some of that (although I am looking terminate status in the stat-
into chaos, the agency sudden- policy is issued, the SEVIS the foreign student plaintiffs. for brilliant minds to brain- ute. They can’t create new
ly reversed course on April 25, records for plaintiff(s) in this Some affected students have storm with me on this); reasons to terminate status
2025, and restored many for- case (and other similarly situ- already left the United States, 2. The only way to challenge that are not statutory;
eign students’ SEVIS records, ated plaintiffs) will remain Ac- while others are in hiding or the visa revocation is in re- 5. Is SEVIS status or not?
along with their legal status. tive or shall be re-activated if not attending class, according moval proceedings, but it ICE has taken inconsistent
The administration sent not currently active and [U.S. to reports. is not entirely clear how a positions on this in litiga-
out mixed signals, however, Immigration and Customs Colleges and universi- student would challenge a tion and in their own pub-
as DHS officials were quoted Enforcement] will not modify ties have had to deal with the DOS determination in im- lic facing guidance and in
as saying that this action was the record solely based on the uncertainty and other effects migration court. The juris- prior litigation. The Courts
of these actions on their diction of the judge over a want to know. DSOs want
students, scholars, and DOS determination is not to know. Employers want
programs; their ability entirely clear; to know. Students want to
to conduct research; and 3. When your visa is revoked, know; and
concerns about whether you become deportable. 6. Will the period between
U.S. universities will be So, all 4,700 of these stu- when the students registra-
able to attract top talent dents are still subject to tions terminated and now
in the future. arrest, transfer to Louisi- considered lawful status?
Although many stu- ana or Texas, detention, If not, that would impact
dents can heave a sigh and deportation; unless we future applications for
of relief and return to can figure out how to re- change of status. Will US-
their classrooms, not all solve number 3 above, this CIS recognize what ICE
the terminations have problem will haunt these does in SEVIS and honor
been restored, and we students; the reinstatement of status
know students in F-1 sta- 4. It is great that ICE is cre- nunc pro tunc?
tus waiting with baited ating a policy about how As you can see, we
breath for similar positive and when they can termi- stopped the bleeding, but still
action. nate SEVIS and all, but need to deal with the surgery.”
____________________________________________________________________________________________________________________
Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing
Partner of Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Ad-
ministrative Litigation Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics Committee;
m of special counsel on immigration matters to the Departmental Disciplinary Committee, Appellate Divi-
CYRUS D. MEHTA & PARTNERS PLLC sion, First Department, New York; member of the ABA Commission on Immigration; board member
of Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta
is the former chair of the Board of Trustees of the American Immigration Council and former chair
of the Committee on Immigration and Nationality Law of the New York City Bar Association. He is
a frequent speaker and writer on various immigration-related issues, including on ethics, and is also
an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration
and Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the
practice of immigration law and the AILA 2011 Michael Maggio Memorial Award for his outstanding
efforts in providing pro bono representation in the immigration field. He has also received two AILA
Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded
2 6th Floor lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.
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