In a landmark ruling, the Northern District of Georgia has granted temporary relief to 133 international students whose Student and Exchange Visitor Information System (SEVIS) records were abruptly terminated. This decision, handed down by the US district court, is significant because these students faced immediate deportation due to the sudden loss of their legal status, particularly troubling as many were on the brink of graduation or were engaged in Optional Practical Training (OPT).

On Friday evening, the district court issued a Temporary Restraining Order (TRO) that mandates the Department of Homeland Security (DHS) to restore the SEVIS records of the plaintiffs, retroactive to March 31, 2025. This ruling also prohibits federal authorities from disclosing the students' personal information outside the context of this litigation. By the following Tuesday, US government agencies, who are the defendants in this case, were required to file a notice indicating their compliance with this order.

These students, all holding F-1 visas, had filed an urgent legal plea alleging unlawful actions taken by federal immigration authorities. This lawsuit stands as one of the largest concerning SEVIS terminations in recent history. All plaintiffs were actively enrolled in various colleges and universities across the United States, with many being mere weeks away from graduating. Furthermore, several were lawfully participating in the OPT program, which allows international students to gain practical work experience for a year following their studies, with a possible two-year extension for those in the Science, Technology, Engineering, and Mathematics (STEM) fields.

Charles Kuck, the founding partner of Kuck Baxter, an immigration law firm that represents the students, expressed his concerns to the Times of India (TOI). He stated, The overt ignoring of set immigration laws and policies by the Trump administration as it relates to foreign students is not just stunning, but dangerous. It sends a message that will reverberate for a generation as the best and most talented students that might have come to the US will reconsider and pursue their education options in other countries. This is bad for America.

The plaintiffs filed the lawsuit pseudonymously and requested a Temporary Restraining Order (TRO) against officials from the DHS, Immigration and Customs Enforcement (ICE), and the US Attorney General. This action was sparked by notices received between April 1 and April 14, which informed them that their SEVIS records had been terminated for reasons including alleged criminal background checks, visa revocations, or claims of failure to maintain lawful status.

The students contended that these terminations were baseless and procedurally improper, emphasizing their clean criminal records and compliance with all legal stipulations of their student visas. Their complaint alleged multiple violations, including breaches of the Administrative Procedure Act (APA) and the Due Process Clause of the Fifth Amendment. They argued that the terminations lacked proper notification, failed to provide a clear legal basis, and were enforced without allowing the students a chance to respond. The plaintiffs claimed that the terminations were arbitrary, capricious, and exceeded the authority granted to immigration agencies.

Once granted an F-1 visa, international students are permitted to remain in the United States for the 'duration of status,' provided they meet specific requirements, such as maintaining a full course load and refraining from unauthorized employment. In some, though not all, cases related to these students, the US Department of State (DOS) had revoked their visas; however, such revocation does not necessarily affect their lawful presence in the country. The plaintiffs argued that it was the termination of their SEVIS registration that left them vulnerable to dire immigration consequences, such as detention and deportation, alongside irreversible harm.

The district court upheld the students' claims, noting they had demonstrated a substantial likelihood of success in their case. The court underscored that the DHS's authority to terminate F-1 status is strictly regulated and did not apply to the cases at hand. Judge Victoria Marie Calvert remarked that visa revocation alone cannot justify SEVIS termination, underscoring that, There is substantial public interest in having governmental agencies abide by the federal laws that govern their existence and operations.

Immigration attorneys emphasized that this highlights a broader principle: ensuring that government agencies comply with the law is essential, even in the context of immigration and national security matters. Judge Calvert also recognized the irreparable harm these students were experiencing, including the loss of educational opportunities, abrupt expulsion from the US, forfeiture of scholarships and jobs, and significant emotional distress. She referenced similar rulings from other district courts that had intervened in SEVIS-related terminations, affirming the necessity for judicial oversight in these matters.

The court also dismissed the argument that the students could have sought relief under the Privacy Act, clarifying that this legislation does not cover international students but rather applies to permanent residents (green card holders) and US citizens.