Wisconsin international student visas restored as Trump administration reverses course

Tim Muth, senior staff attorney with the ACLU of Wisconsin, said that during a hearing in computer engineering student Krish Lal Isserdasani's case that “the government's lawyer was unable to say that it wouldn't happen again." UW-Madison Engineering Hall. (Photo by Baylor Spears/Wisconsin Examiner)
University of Wisconsin international students’ visa terminations are being reversed by the Trump administration after many judges across the country blocked the actions, including in Wisconsin.
Dozens of UW students were part of a group of thousands of international students in the U.S. who had their visas abruptly cancelled without notice from the federal government and without a chance to challenge the decision.
According to a Politico report Friday, the Trump administration said in federal court it was reversing course and reinstating visas for many international students and alumni. A Justice Department attorney said, according to the report, that Immigration and Customs Enforcement (ICE) is “developing a policy that will provide a framework for SEVIS record terminations, and that the records for students “will remain active or shall be reactivated if not currently active, and ICE will not modify the record solely based on the [National Crime Information Center] finding that resulted in the recent SEVIS record termination.” The attorney also emphasized that ICE still has the authority to terminate a SEVIS record for other reasons.
The American Immigration Law Association estimates there were about 4,700 affected students across the country.
UW-Madison said in a statement Monday that each of the 27 cancellations for its international students and alumni were reversed as of late afternoon Saturday, and that affected students and alumni will be able to continue their studies or post-graduation training at UW-Madison as a result.
Chancellor Jennifer Mnookin said in the statement that she was “relieved and grateful” for the development.
“This situation was deeply troubling, upended lives and created both fear and harm,” Mnookin said. “I want to personally thank the many members of our community, along with local, state and federal officials, who worked to assist our students.”
Reported reversals started Thursday and continued through the weekend, according to UW-Madison, and similar to the cancellations, there was no explanation for the records being restored.
The institution said that it has notified the students of the most recent change to their records and that International Student Services and International Faculty and Staff Services are continuing to provide information, resources and support.
“We are pleased to see that all of our affected students and alumni have had their SEVIS records returned to active status, as it has been a difficult period for all involved,” UW- Madison International Division Dean Frances Vavrus said in a statement. “We will continue to follow this evolving situation closely throughout the summer and upcoming academic year.”
Universities of Wisconsin spokesperson Mark Pitsch said in an email that there have been “a number of reversals at our universities” and that the situation remains “fluid.”
Reversals come after judges in cases across at least 23 states had issued emergency orders temporarily blocking the government’s action including in Wisconsin.
In one case, Krish Lal Isserdasani, a 21-year-old computer engineering senior from India, had his SEVIS record terminated less than a month before he was scheduled to graduate from UW-Madison. His case had noted that Isserdasani and his family have spent about $240,000 on his education at UW-Madison and he could lose $17,500 on the current semester’s tuition and would be responsible for four months of rent despite not being able to stay in the country. Isserdasani had also reported a significant psychological impact, including “difficulty in sleeping and fear that he will be placed in immediate detention and deportation.” U.S. District Judge William Conley had temporarily blocked his visa cancellation.
In another case last week, Conley said that the government had wrongly cancelled Yue “Alison” Yang, a UW-Madison student from China, and granted her protection from deportation.
Despite the step back by the Trump administration, the ACLU of Wisconsin is calling for injunctive relief from federal courts. The ACLU of Wisconsin filed an amicus curiae brief in two cases challenging the revocations, including Isserdasani’s case and a case recently brought by three anonymous international UW-Madison students, saying the issue isn’t “moot.”
Tim Muth, senior staff attorney with the ACLU of Wisconsin, said that “resorting to the courts is continuing to be an important check on actions that this administration is taking without regard to the human consequences on persons like the student in this case.”
In an amicus curiae brief, Muth wrote that the reversal offers “little protection” for plaintiffs and urged the Court to issue a ruling that “declaring such terminations, without due process and without compliance with applicable law and regulation, to be illegal.”
“It is clear that the recent pivot by the federal government should not moot these 100+ cases pending around the country since they are clearly able to be reversed immediately after dismissal of suits challenging them, and the present likelihood of irreparable injury to the Plaintiffs remains a going concern,” Muth wrote in the amicus curiae.
Muth told the Wisconsin Examiner that the reversals are a sign of the Trump administration’s “losing record” in these cases, but said it’s difficult to trust the Trump administration on immigration matters.
“It’s not as if the Department of Homeland Security issued a press release or a formal statement announcing a change in policy,” Muth said. “What we had were a couple of attorneys in a couple of different cases saying the government is reactivating student status in SEVIS… Nothing official… has come out from the government. No statement of ‘Oh, we made a mistake on these 4,700 students, and we’re going to correct it. We’re so sorry.’”
Muth said that during a hearing Monday in Isserdasani’s case Conley asked the government’s lawyer if she was authorized to say that a termination of Isserdasani SEVIS status wouldn’t happen again under the “new policy that supposedly they are developing.”
“The government’s lawyer was unable to say that it wouldn’t happen again,” Muth said. “That is why the ACLU and… lawyers for international students around the country are saying there continues to be the need for courts to step in until there’s some legally binding correction made by the government.”
Muth said the law is “pretty clear” about when international students can lose their status. Those cases include when someone is no longer a full time student, when someone is engaging in employment that isn’t authorized by the law, lying to ICE or committing a crime of violence. He said things like traffic citations or an arrest for a charge that has been dismissed (as in the case of Isserdasani) are not authorized reasons for terminating somebody’s F1 visa status.
“It is not something that can just be done unilaterally because the government has decided it wants to have fewer international students,” Muth said.
The brief notes that students were provided with “vague boilerplate reasons” for their visa termination. In Isserdasani’s case, he received an email that said he was “otherwise failing to maintain status” and that he was “identified in criminal records check and/or has had their VISA revoked.” It states that the reasoning does not satisfy due process requirements because it doesn’t describe a student’s circumstances and students are not provided with the opportunity to defend themselves.
In the brief, Muth also notes the recent case of Kilmar Abrego Garcia, the Maryland resident who was erroneously deported to El Salvador by the Trump administration, saying that the visa cancellations for international students are part of a larger pattern of the Trump administration ignoring the due process rights — which includes being entitled to notice and the opportunity to be heard — of noncitizens.
“The due process protections of the Fifth Amendment to the Constitution are protections, not just for U.S. citizens, but they are protections for everyone residing in this country — that right not to be arbitrarily arrested, detained, kicked out of the country,” Muth said.
Muth said he didn’t know what new policy the Trump administration could be developing.
“If they’re talking about coming up with a policy that would allow them to terminate SEVIS records in that situation, I think they would be violating the existing law set up by Congress,” Muth said. “People are entitled to what they didn’t get here, which is, if you’re going to terminate my status, tell me why, and give me a chance to object if what you are doing is contrary to law or contrary to what the facts are.”
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