The last several weeks have been an unprecedented period of upheaval for international students and scholars in the United States and all who support them. Today we received some encouraging news that shows widespread litigation, advocacy with and by Congress, and sustained and smart reporting by major media outlets have made a difference.
Confusion and Chaos for International Students
Since mid-March, inexplicable and sudden visa revocations by the Department of State and SEVIS record terminations by Immigration and Customs Enforcement (ICE) and Department of Homeland Security have left international students and scholars reeling, confused, and afraid. International educators, campus leaders, and attorneys quickly mobilized and collaborated to make sense of the changes.
Exacerbating the stress was the rationale provided by the government, which ranged from wholly absent, to conflicting, to shifting, to downright baseless. One student with a terminated SEVIS record, for example, had one interaction with law enforcement and that was an arrest on a warrant issued by a state he had never visited and connected to an accuser he had never met (all charges were dropped by the prosecutor once his case was reviewed).
As NAFSA’s own research—most recently updated today—has shown, these actions have jeopardized the legal status of nearly 1,500 students in every region of the world, and at all types of institutions in every region of the United States.
A Promising Sign for SEVIS Record Terminations
At last, some glimmers of hope have emerged. The media is reporting that an attorney for the Department of Justice (DOJ) asserted in court today that
“ICE is developing a policy that will provide a framework for SEVIS record terminations. Until such a policy is issued, the SEVIS records for plaintiff(s) in this case (and other similarly situated plaintiffs) will remain active or shall be reactivated if not currently active.”
This meshes with what some members of the NAFSA community have already reported, which is that some of their students have had their SEVIS records restored.
While this is good news, and a welcome affirmation that our efforts to defend international students and scholars from these baseless charges are succeeding, we must be clear in our understanding of what the statement by the Department of Justice lawyer means and what it doesn’t.
- The lawyer's statement relates only to SEVIS records terminated by ICE. It does not speak to the student visas that were revoked. There has been no comment so far from the State Department regarding any revoked visas being reinstated.
- The lawyer's statement only applies to SEVIS records that were terminated “solely based on the NCIC finding.” NCIC is the FBI National Crime Information Center, a database that may be accessed by local, state, and federal law enforcement agencies. This leaves open the possibility that SEVIS records that were terminated for other reasons would not be reactivated.
- We have not seen the end of ICE-generated SEVIS record terminations. The statement says, “ICE is developing a policy that will provide a framework for SEVIS record terminations.”
- Guidance will be needed to assist international students who left the United States after their SEVIS records were terminated by ICE. These students should be able to get new visas, if needed, without any negative consequences stemming from this situation.
- The scope of the restoration of their SEVIS status is not clear. No formal announcement has been made yet by ICE.
One thing will remain certain in these uncertain times: NAFSA will continue to provide the field our expertise, timely resources, and a space to connect and share knowledge with peers. As ever, NAFSA is poised to liaise with the Department of Homeland Security to ensure policies and regulations that impact an individual’s legal status in this country are undertaken with the utmost care and consideration.