Georgia college students file lawsuit to block possible visa terminations

Among the Georgia internationals is a Division I athlete with a 4.0 grade-point average, a Georgia Tech undergrad scheduled to graduate May 2 and three students pursuing their doctorates. The two recent alumni, one from Georgia Tech and one from Emory, are still sponsored by their schools as they complete postgraduate practical training.

Students from other colleges, including Duke, North Carolina State and Cornell, are part of the suit. All 17 individuals are under the pseudonym Jane Doe “due to fear of retaliation” by the three defendants: U.S. Attorney General Pam Bondi, Secretary of Homeland Security Kristi Noem and Acting Director of Immigration and Customs Enforcement Todd Lyons.

Filed in the U.S. Northern District of Georgia by Atlanta immigration law firm Kuck Baxter, the suit is similar to those filed in other parts of the country. The legal challenges are a response to President Donald Trump’s administration canceling hundreds of student immigration records, the plaintiffs say, without providing notice or specific justifications.

“It started out as a trickle,” attorney Charles Kuck said of the cancellations. “And now it’s become a flood.”

Credit: AJC file photo

Credit: AJC file photo

The Georgia students unexpectedly had their immigration records terminated from the federal Student and Exchange Visitor Information System. The termination creates a chain reaction, explained Kuck. Without a valid SEVIS record, a student’s I-20 — a federal document required to get a student visa — is effectively canceled. And without an I-20, the individual’s legal status dissolves. In short, the SEVIS termination means students can be detained by immigration authorities.

The lawsuit complaint says the SEVIS records were terminated without notice and without providing the students with an opportunity to respond.

“At the most elemental level, the United States Constitution requires notice and a meaningful opportunity to be heard,” the complaint reads.

The possibility of detainment and deportation has struck fear in Georgia’s internationals. Kuck said he received a call from one student who was afraid to leave the house, believing she could be detained at any minute. As of Saturday, more than 950 students and recent graduates have had their legal status changed, according to Inside Higher Ed.

But there are rules to SEVIS cancellation. The lawsuit complaint says it can be terminated only if a student doesn’t maintain legal status. That could happen, for instance, if the student doesn’t maintain a full course of study or if the student is convicted of a criminal offense. None of those categories apply to any of the 17 plaintiffs, according to the complaint.

What many of the students do have in common, however, are traffic citations. One received a DUI charge that was reduced to reckless driving. Some had speeding tickets or had been charged for driving with a suspended or expired license. Many of the charges were ultimately dismissed or amended, according to the suit.

“An arrest or a traffic citation is not a basis for termination of SEVIS per DHS’s own regulations,” reads the complaint.

It’s not clear how many international students in Georgia have had their status revoked. While Emory, a private school, announced Thursday that one of its students and three recent alumni were affected, public universities have offered few details. UGA confirmed Tuesday that a “small number” of its students have been affected but did not provide specifics. Asked last week, Georgia Tech and KSU did not directly answer if or how many of its internationals have had their SEVIS terminated.