Georgia judge sides with international students in blow to White House

U.S. District Court Judge Victoria Calvert’s ruling requires the government to reinstate the immigration records, which were abruptly terminated from the database.

Calvert wrote in the 35-page ruling that the students had no criminal history that would warrant the cancellation of their SEVIS records. And because the government never communicated the specific reason for the cancellations, Calvert wrote that plaintiffs were “left to speculate that their terminations stem from arrest records relating to various misdemeanors, dismissed charges, and traffic citations.”

While the government had “ample opportunity” to provide the court an explanation for the terminations, Calvert said it “consistently failed to do so.” Her ruling concludes that the defendants cannot terminate the SEVIS records again unless ordered to by the court.

Atlanta immigration attorney Charles Kuck said his clients are both excited and relieved. “It takes a lot of courage to do what they did. To sue the government of the country you’re a guest of, that takes guts,” Kuck said.

And he said the ruling sets the stage for the next part of the litigation: a motion he’s filed on behalf of 351 students to give them greater protection from actions by the Trump administration.

On April 25, following a series of SEVIS court losses, the U.S. Justice Department announced in federal court it would restore the legal status of international students. Later that same day, however, the Department of Homeland Security said the administration had “not reversed course on a single visa revocation.”

In other words, many internationals studying in Georgia and elsewhere remain at risk of detainment and deportation. That includes plaintiffs from Friday’s ruling. While Calvert’s ruling reinstated their SEVIS, the case did not focus on those students who have also had their visas revoked.

Kuck argues a recent policy change announced by U.S. Immigration and Customs Enforcement was made illegally. He said it broadens the government’s ability to terminate SEVIS records, effectively changing its own guidelines to permit the very thing judges have ruled it cannot do.

Somewhere between 4,000 and 8,000 international students have been targeted by the administration, according to the motion. If the action prevails, Kuck said those students will be protected regardless of whether or not they are part of that or other suits.

Moreover, it aims to convince the court that the federal government cannot change its own policies without following proper legal procedures.

“This is the very definition of arbitrary and capricious,” Kuck said. “If this was happening to U.S. citizens, there would be people marching in the streets.”