Fresh deportation fear among international students in US after ICE memo
Fresh fear has gripped some international students in the US, including those from India, after a new internal memo from Immigration and Customs Enforcement (ICE). It is ICE that is behind the recent spate of deportations. Despite the recent reinstatement of their SEVIS student records after a mass termination, the new memo states students might face issues if they have a gap in their records.advertisementThe Student and Exchange Visitor Information System (SEVIS) is maintained by the US Department of Homeland Security and tracks the immigration status of international students and exchange visitors.The memo to all SEVIS personnel, which fall under ICE, showed an expanded list of criteria for ICE to terminate foreign-born students' legal status in the US, including a "US Department of State Visa Revocation (Effective Immediately)."
It was filed in court by the Justice Department on Monday night and dated Saturday, NBC News reported.However, legal experts note that students were generally entitled to due process before any action is taken against their status. Under the new memo, though, simply having a visa revoked is now enough to justify terminating a student's legal status."A terminated record in SEVIS could indicate that the non-immigrant no longer maintains F or M status," the memo read, The Times of India reported.advertisementIn the past, international students could fall out of legal status for various reasons — such as dropping out of school, losing work authorisation, or being involved in specific criminal activities.On SEVIS termination, ICE may conduct further investigation or initiate removal proceedings, according to the report in TOI.SEVIS records can now be terminated for a number of reasons, ranging from "exceeded unemployment time" to "violation of change of status requirements," the memo stated."When SEVP has objective evidence that a nonimmigrant visa holder is no longer complying with the terms of their nonimmigrant status for any reason, then the SEVIS record may be terminated on that basis," the memo said.NEW ICE MEMO CREATES UNCERTAINTY FOR INTERNATIONAL STUDENTSCharles Kuck, founding partner of immigration law firm Kuck Baxter, discussed this on X."It turns out that ICE did not 'unrevoke' the SEVIS registration on the date of their screw-up. They did their 'unrevocation' as of 4/24 (April).""That means all of these students now have a gap in their SEVIS records, which, according to ICE's new policy, rendered them out of status during that time. This will almost certainly have an effect when adjudicating change of status and other applications," he added.advertisementThe US Citizenship and Immigration Services (USCIS) is a government agency that oversees lawful immigration to the United States.A lapse in SEVIS status can pose severe immigration consequences, such as accruing unlawful presence.This may result in a 3-10-year ban from re-entering the US, complications with future visa approvals, or, in some cases, removal from the country.F visas are issued to students pursuing academic programs, while M visas are designated for those enroled in vocational or technical training.However, it also states that termination does not necessarily result in adverse consequences—a position that has been legally contested and has resulted in temporary restraining orders being passed in favour of the international students by several district courts.MEMO GIVES ICE POWER EARLIER DENIED BY COURTS: IMMIGRATION ATTORNEYJath Shao, a Cleveland-based immigration attorney representing international students affected by the visa revocations, felt that the new policy posed a new set of challenges for students."ICE has now done their homework and issued this memo to give themselves the power that judges just told them they didn't have," NBC News quoted Shao as saying."Students should be concerned that even minor problems can have serious consequences and should consult a lawyer if there is anything in their past to worry about," Shao added.
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