The Trump administration has followed the orders of the US district court (northern district of Georgia) and reinstated the SEVIS records of all 133 students who had filed this lawsuit.
As reported by TOI on April 20, the court had issued issued a temporary restraining order, requiring department of homeland Security (DHS) to reinstate plaintiffs’ SEVIS records retroactive to March 31, 2025. US govt agencies were ordered to file a notice of compliance of the reinstatement by Tuesday evening.
Charles Kuck, who represented the students, many of them Indians, said: “All students are now reinstated.” They can now continue to study or work under the optional practical training (OPT) programme. The next hearing is slated in the coming days.
In some, but not all of the 133 cases, the state department has revoked the student’s visa. The revocation of an F-1 visa (which is granted for duration of status) does not necessarily impact the person’s lawful presence in the country. As such, plaintiffs contended it is the SEVIS registration termination that has rendered them vulnerable to devastating immigration outcomes such as detention and deportation.
Increasingly, in the courts, the US agencies are taking a stand that SEVIS termination does not result in irreparable harm. Based solely on their latest contention, if a SEVIS record is terminated a student can continue with studies in the US. However, SEVIS termination notices received by students from their designated school officials ask them to self deport at the earliest as there is no grace period following a SEVIS termination. Further, it automatically terminates the work authorisation granted for an OPT programme.
In a press conference, American immigration lawyers association chief Jeff Joseph said, “We believe SEVIS termination does impact the status of international students. Thus, most of the lawsuits being filed are not challenging the actual visa revocation, but SEVIS termination.” He said US agencies are increasingly pointing out in court that SEVIS termination is just a credential revocation, it has no underlying impact on legal status. But this is directly contrary to their own outward facing guidance on their website, in response to inquiries as well as their own policy-guidance and training materials for DSOs.
“It is our hope that if govt takes the position SEVIS termination has no impact on status, they revise their guidance… so that the kids can go back to school, to work and do what they intended to do, which is to come here and educate themselves and use that education to benefit all of us here in the US,” he added.
