A federal judge signaled Tuesday that he intends to grant a motion temporarily blocking U.S. Immigration and Customs Enforcement (ICE) from arresting, deporting, or penalizing international students whose immigration records were abruptly deleted in April. However, he stopped short of clarifying the full scope of the upcoming order.
U.S. District Judge Jeffrey S. White, appointed by President George W. Bush, stated in a written notice that he is inclined to side with the plaintiffs—five international students whose F-1 visas were affected by ICE’s actions. White declined to say whether his order would apply nationwide or be limited to the students involved in the lawsuit.
“The court is presently inclined to grant plaintiffs’ motion,” White wrote, “but reserves the right to limit the scope and breadth of any preliminary injunction.”
The students allege that ICE’s sudden terminations of their records in the Student and Exchange Visitor Information System (SEVIS)—a federal database that tracks nonimmigrant students—has jeopardized their legal status and could result in irreparable harm, including forced departure from the U.S.
White dismissed ICE’s argument that court intervention is unnecessary following its rollback of some terminations, and rejected the agency’s claim that terminating SEVIS records has no impact on visa status. In his notice, White emphasized that ICE’s previous missteps undermine its position and justify judicial scrutiny.
The judge’s statement comes ahead of a scheduled hearing on May 14 at the Ron V. Dellums Federal Courthouse in Oakland, where he will consider preliminary injunction motions in five related lawsuits. The plaintiffs, who include four Chinese nationals studying at Carnegie Mellon University, the University of California, Berkeley, and the University of Cincinnati, claim their constitutional rights were violated when ICE canceled their student status without notice, explanation, or a chance to appeal.
“Without notice, explanation, or any form of due process, ICE terminated the student status of individuals who have done nothing more than maintaining academic standing and complying with their visa requirements,” the students wrote in court filings.
The lawsuits stem from what has been described as an unprecedented wave of SEVIS terminations initiated by ICE in recent months. Plaintiffs estimate the number of affected students could range into the thousands, with over 1,000 students from 160 institutions reportedly impacted since March, according to the Associated Press.
The students are seeking a nationwide injunction preventing ICE from further terminating records or taking enforcement actions until the litigation concludes. While eight lawsuits were originally filed, three were voluntarily dismissed after ICE retroactively reactivated the plaintiffs’ SEVIS records, erasing any legal gaps.
“Although the event history will memorialize whatever modifications are made to the SEVIS account, the effect of this retroactive activation is as though the termination did not happen,” plaintiffs stated in one dismissal notice.
Despite ICE’s insistence that SEVIS termination alone does not invalidate a student’s F-1 visa, plaintiffs presented email evidence from the U.S. Department of State indicating otherwise. Within 48 hours of the deletions, numerous students received notices declaring them out of status and ordering them to leave the country.
“Some students have even been arrested,” said student attorney Alex Xenodis. “Some are currently in detention due to SEVIS terminations, and ICE has filed to prevent their release.”
The stakes are particularly high for some plaintiffs—one student is reportedly just a month away from graduation. Terminated records have forced students to suspend studies, vacate housing, lose employment authorization, and risk severe reentry bans. The terminations also affect dependents of the students, stripping them of legal status.
Although some plaintiffs acknowledged past arrests, they emphasized that none had been convicted of any crimes and that they remained compliant with visa regulations.
In late April, Judge White extended a temporary restraining order that shielded the students from immediate removal or penalties. However, that measure was only a stopgap. The plaintiffs now seek a longer-term injunction to preserve their legal standing while the lawsuits proceed.
The students cite legal precedent in their favor, pointing to a recent ruling in New Hampshire in which a judge issued a temporary restraining order blocking the Department of Homeland Security from enforcing a SEVIS termination against a Dartmouth College Ph.D. student.
The lawsuits are currently being heard in the U.S. District Court for the Northern District of California.
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