The federal government has changed the rules regarding the legal status of foreign students in the United States, allowing for an expedited deportation if their visas are revoked, according to an internal memo from Immigration and Customs Enforcement (ICE) that was shared in a court filing.
Previously, students who had their visa revoked were allowed to finish their studies in the United States, but could not reenter the country if they left.
The change was made after the State Department revoked thousands of student visas in recent weeks, although federal judges across the country later blocked many of the visas from being canceled.
During a hearing in Washington federal court on April 29 is was revealed that the government had used artificial intelligence to cross-check the students’ records against the National Crime Information Center database, and those with criminal records had their status in the Student and Exchange Visitor Information Systems database changed to “inactive."
On April 26, lawyers for the government announced, in two separate court hearings, that the students’ visas would be restored and the process for canceling their legal status would be overhauled.
During one of those hearings in Washington, D.C. District Judge Ana Reyes said the government had acted too hastily, and had demonstrated “an utter lack of concern for individuals who have come into this country.”
“All of this could have been avoided if someone had taken a beat,” she said.
Reyes said 6,400 students were flagged in the search.
Brad Banias, an attorney representing one of the students—who was flagged after a records search showed a 2018 charge for reckless driving—said the new policy gave the government too much leeway in deporting student visa-holders.
The previous policy did not consider visa revocation as grounds to expel students from the country, he said. According to the ICE memo, shared in an April 28 court filing, the revocation of a visa is now a valid reason to cancel legal status in the United States.
“This just gave them carte blanche to have the State Department revoke a visa and then deport those students, even if they’ve done nothing wrong,” Banias said.
Secretary of State Marco Rubio told reporters on March 28 that students who participated in, or aligned with groups that conducted “disruptive criminal activities” such as student protests that resulted in occupying buildings on college campuses, would have their visas revoked.
“Judges don’t issue student visas,” Rubio said at the time.
“There is no right to a student visa. We can cancel a student visa under the law just the same way that we can deny a student visa under the law. And we will do so in cases we find appropriate.”
The Associated Press contributed to this report.
