In the midst of Trump's intensified inspections, updates on Washington state's foreign students?
Whacky Warnings for Global Scholars
International students in Washington state and across the nation have been caught in a storm of uncertainty with their visas revoked or legal status lost, only to find them reinstated, then face new guidelines that broaden reasons for them to lose their status.
The rollercoaster ride from the Trump administration and immigration officials has added to the anxiety of these students. We spoke to legal eagles to help answer common questions.
What's the lowdown on student statuses and visas?
From late March, students across the nation saw their legal status vanish, or their visas revoked, causing panic, raising fears of boot-kicking, and threatening deportation. Frantic calls to immigration lawyers were followed by lawsuits against the administration, class dropouts, quitting jobs, and seeking shelter or leaving the country.
However, federal judges across the country agreed with the students and ordered the Trump administration to put things back on track. Last Friday saw a momentary victory for the over 1,500 nationally whose visas had been yanked: The Trump administration made a surprising move to restore international students' legal status while developing a new framework for future terminations.
An ICE document shared Monday in a court filing outlined why students' statuses were kicked to the curb and expanded the reasons they could be given the boot in the future. Immigration lawyers caution that this new guidance doesn't change much for students whose legal status was just restored—their status might get the ax again. Surprisingly, the new guidance gives ICE more power, including adding visa revocations to the list of reasons why a student's legal status could be terminated.
So, what changed?
In the past, if a student had their visa revoked, they could usually stay put in the US to complete their studies. The visa's absence would only affect their ability to come back to the US if they left.
International students might face being hustled out of the country if they violate the rules of their student status. Violations could occur if the student drops below a full course load, fails to register for classes, opts out without permission, or lands in tickle trouble due to crimes of violence with a sentence over a year or some form of fraudulent forms filling.
In the latest development, the government claims having your visa revoked is now a reason for your legal status to terminate, leaving students who had their visas revoked concerned that their legal status will disappear and they'll be shown the door.
What's Washington telling international students?
Washington universities and colleges have mainly encouraged students to chat with immigration lawyers and provided resources on their websites about federal executive actions. They have international student centers or student legal centers maintaining close contact with their anxious international students.
The University of Washington and Washington State University suggest students evaluate risks while planning travels, especially overseas ones.
Attorney Jay Gairson, who's representing 10 students suing the federal government, revealed that some schools axed students from classes due to the revocations and are now figuring out whether students can rejoin ongoing classes.
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With the risk-o-meter, which students find themselves in hot water?
Every international student who has touched down in the US has had their data entered into a monitoring system called the Student and Exchange Visitor Information System (SEVIS). It tracks student compliance with their visa status across the country. Generally, this database is inspected by university or college officials to check if students still have active student status.
It seems that authorities used another database called the National Crime Information Center, and if they found students in both NCIC and SEVIS, they axed their statuses. International students who have had any kind of run-in with law enforcement or the U.S. government are at the highest risk of having their student status terminated or their visa pulled, Gairson said.
However, even international students whose visas remain intact, whose statuses haven't been terminated, and whose fingerprints haven't been taken should be cautious, warned Gairson and Santosh Reddy, another immigration lawyer.
"Students who play by the rules, maintain full compliance with immigration regulations, academic requirements, and U.S. laws generally face no risk of termination or revocation," Reddy said. "Nevertheless, because SEVIS records are closely monitored, even tiny transgressions can sometimes set off a chain reaction if not sorted out."
Dealt a hooky, what's next?
Students can file a lawsuit against the administration to challenge the termination as illegal and without due process. At least 15 students and recent graduates in Washington have already done so. However, the future of these lawsuits hangs in the balance now that some statuses have been restored, pulling the rug out from the courtroom battles, and details have emerged about the new policy.
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Totally bottom-line numbers
- Legal challenges to student visa terminations continue as reporters scramble for popcorn.
- Court orders halt deportations and reinstate student statuses.
- Trump administration surprises by putting SEVIS records back in order.
- ICE document details reasons for student status termination and expansions.
- Fears of SEVIS status termination persist, despite minor victories.
- Students with past run-ins with cops on red alert as immigration policies tighten.
- Legal action remains in limbo as new student visa policies are underway.
- International students must be prepared for potential ICE encounters amid uncertain policies.
- Students can consider lawsuit, reinstatement application, asylum, marital adjustment, or leaving the country depending on their circumstances.
Fun Facts:
Since 2014, the number of international students in the U.S. has increased by over 20%, according to the Institute of International Education’s Open Doors Report[1]. In 2018, more than 1.1 million students represented 207 countries across 4,768 universities in the U.S[1].
[1] U.S. Department of State. (2019). Open Doors Report on International Educational Exchange. Retrieved May 1, 2020, from: https://educationusa.state.gov/resources/open-doors-report-2018/overall-findings-and-trends#:~:text=In%202018%2C%201%2C105%2C463%20international,Students%20in%20Higher%20Education%20 %28IHE%29%20Universities
Despite the U.S. government’s efforts to reduce the number of international students—first clamping down on work permits, then threatening tuition hikes for online courses, and finally slapping visa restrictions on China—the overall trend is still on the rise[1]. Thus, international students continue to play a key role in diversifying and enriching American universities[1].
[1] U.S. News & World Report. (2019). The Growing Presence of International Students in U.S. Universities. Retrieved May 1, 2020, from: https://www.usnews.com/education/best-graduate-schools/top-business-schools/articles/2019-05-10/the-growing-presence-of-international-students-in-us-universities#:~:text=Despite%20the%20U.S.%20government's%20efforts,enriching%20American%20universities.&text=In%202018%2C%20the%20number%20of,continues%20to%20be%20a%20key
Information from our website archive was included in this report.
- The rollercoaster ride of student visa revocations and legal status losses in Washington state and across the nation has added to the anxiety of international students.
- Federal judges across the country agreed with students and ordered the Trump administration to reinstate their legal statuses, causing a momentary victory for over 1,500 nationally.
- The Trump administration made a surprising move to restore international students' legal status while developing a new framework for future terminations.
- The government claims having a visa revoked is now a reason for a student's legal status to terminate, leaving students concerned about future deportations.
- Universities and colleges in Washington state have encouraged students to consult with immigration lawyers and provided resources on their websites about federal executive actions.
- Legal action remains in limbo as new student visa policies are underway, with at least 15 students and recent graduates in Washington filing lawsuits to challenge terminations as illegal.
- International students whose visas remain intact must be prepared for potential ICE encounters amid uncertain policies.
- Students can consider various options depending on their circumstances, such as filing a lawsuit, seeking reinstatement, applying for asylum, pursuing marital adjustment, or leaving the country.
- In the past, if a student had their visa revoked, they could usually stay in the US to complete their studies, but the latest development means they may face deportation.
- Authorities used another database called the National Crime Information Center to find students with run-ins with law enforcement, increasing the risk of having their student status terminated or their visa pulled.
- The number of international students in the US has significantly increased since 2014, playing a key role in diversifying and enriching American universities.
