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| A protest against the revocation of visas and legal status of international students at the City University of New York. (Source: Getty Images) |
According to Reuters news agency, the decision was announced during a hearing in Boston - where the court is considering a series of lawsuits by international students protesting their removal from the Student and Exchange Visitor Information System (SEVIS) - which manages the residence and study status of international students during their time in the US.
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Specifically, in an email sent to judges in charge of similar cases, the US Immigration and Customs Enforcement (ICE) said it is developing a new policy to establish a clear framework for handling SEVIS termination cases.
Until that policy is enacted, ICE will maintain or restore active SEVIS status for petitioners.
In a court filing late on April 25, the Justice Department confirmed that the restoration of SEVIS records applies not only to students who have filed lawsuits, but also to those who have not yet filed lawsuits against the government. However, Department of Homeland Security spokeswoman Tricia McLaughlin emphasized that the agency has not changed its stance on visa revocation, but is only restoring SEVIS access “for those whose visas have not been revoked.”
The Department of Homeland Security currently oversees ICE.
In the United States, visas and SEVIS are two separate but related concepts that determine the legal residency status of international students.
A visa is a permit issued by the US Department of State that allows a foreign national to enter the US for a specific purpose, such as studying (F-1 visa) or exchanging (J-1 visa). Meanwhile, SEVIS is an electronic database managed by ICE – a unit of the Department of Homeland Security, that records and tracks the residence and study status of international students throughout their time in the US.
A student may have a valid visa but lose lawful status if the SEVIS record is removed or closed. Losing lawful status puts many students at risk of arrest, detention, or deportation even before their visa expires.
Since President Trump took office on January 20, ICE has removed the records of more than 4,700 students from SEVIS, according to the American Immigration Lawyers Association. The system tracks student visa compliance, residency, and academic progress. To maintain a SEVIS record, students must comply with employment restrictions and stay within the law.
In court papers, the U.S. government has argued that it can terminate a student’s lawful status if they appear in a criminal record search. But hundreds of students in recent lawsuits have said their records were expunged for minor or dismissed charges. By law, status can only be terminated if a student is convicted of a serious crime.
College education groups warn that such a wholesale revocation of legal residency rights has raised concerns among international students and could reduce the appeal of US education – which attracts more than 1.1 million international students and contributes an estimated $44 billion to the US economy in 2024.
Many universities in the US have proactively supported international students, advising them to hire lawyers, continue their studies and find solutions to complete their programs. Some schools such as George Mason University, the University of California and Duke University have also advised students to limit their departures from the US during the summer break to avoid the risk of being denied re-entry.
In lawsuits involving SEVIS record removals, federal judges have issued more than 200 temporary restraining orders, preventing the U.S. government from taking enforcement action against students while the disputes are resolved.
Source: https://baoquocte.vn/phao-cuu-sinh-cho-sinh-vien-quoc-te-o-my-tam-thoi-khoi-phuc-quyen-luu-tru-hop-phap-312385.html
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