Students Win Key Visa Battle Against ICE In Federal Court

Department of Homeland Security seal on American flag

In a significant legal turnaround, a federal judge has ordered the reinstatement of F-1 visas for 133 international students in Georgia after they were abruptly terminated without notice, raising serious constitutional concerns about due process in immigration enforcement.

Quick Takes

Judge Victoria Marie Calvert issued a temporary restraining order blocking ICE from terminating the legal status of 133 international students
The court found that students’ due process rights were likely violated as their status was terminated without notice or opportunity to respond
ICE must restore students’ visas by April 22, with legal status extended to March 31, 2025
Many affected students are weeks away from graduation or in authorized work programs, primarily in STEM fields
A preliminary hearing is scheduled for April 24 to further examine ICE’s enforcement methods

Judge Halts Government’s “Unlawful” SEVIS Terminations

The federal court intervention came after the American Civil Liberties Union (ACLU) and allied organizations filed a lawsuit challenging the actions of Immigration and Customs Enforcement (ICE) and the Department of Homeland Security. Judge Victoria Marie Calvert’s ruling centers on what the court determined was likely an unlawful termination of the students’ records in the Student and Exchange Visitor Information System (SEVIS) database. The affected students, many from STEM programs with no criminal records, had their legal status abruptly canceled without prior notification, explanation, or any opportunity to challenge the decisions.

In her ruling, Judge Calvert found that the government’s actions appeared to exceed legal authority and likely violated both the Administrative Procedure Act and constitutional protections under the Fifth Amendment. The court determined that without intervention, students would face irreparable harm, including potential detention and deportation, despite having followed legal immigration procedures. The temporary restraining order requires ICE to reinstate the students’ legal status by April 22, restoring their F-1 visas through March 31, 2025.

Academic Futures and Career Prospects at Stake

The sudden termination of these students’ legal status had created educational and professional chaos for individuals who had built their academic careers in the United States. Many of the affected students are high-achieving individuals in authorized work programs or nearing graduation, with some just weeks away from completing their degrees. The visa revocations threatened not only their educational access but also scholarships, housing arrangements, and potential career opportunities in their fields of study.

“Many plaintiffs are mere weeks away from attaining their degrees,” Calvert wrote. “The loss of timely academic progress alone is sufficient to establish irreparable harm.”

The lawsuit, which seeks class-action status, aims to prevent similar actions against international students across multiple states and territories. Government attorneys argued that judicial relief would interfere with federal immigration policy authority, but the judge determined the students’ claims of constitutional violations merited immediate intervention while the case proceeds through the courts.

Constitutional Protections for Non-Citizens at Center of Dispute

A key aspect of the legal challenge involves constitutional protections afforded to non-citizens on American soil. The ACLU and other advocacy groups maintain that even as guests in the country, international students with valid visas are entitled to due process before their legal status can be revoked. The lawsuit alleges that ICE’s actions were designed to coerce students into abandoning their studies and self-deporting, circumventing proper legal procedures.

The case has also drawn attention to the broader issue of visa revocations for international students. According to reports cited in court documents, over 1,500 student visas have been revoked in recent months. Some critics have alleged these enforcement actions may be targeting students based on political activism, particularly those involved in pro-Palestinian demonstrations, though the current Georgia case does not specifically address those claims. The preliminary hearing scheduled for April 24 will determine whether the temporary protections will be extended.