International Student Visa Termination: Reasons, Rights, and Recourse
The landscape for international students in the United States holding F-1, M-1, or J-1 visas has become increasingly complex, particularly concerning the termination of student visas and Student and Exchange Visitor Information System (SEVIS) records. Recent government actions have led to widespread uncertainty among students and universities, prompting legal challenges and raising concerns about due process and freedom of speech.
Understanding SEVIS and its Significance
Historically, Designated School Officials (DSOs) have been primarily responsible for updating and maintaining the SEVIS records of international students, as outlined in 8 C.F.R. § 214.2(g)(2). DSOs are mandated to report to DHS through SEVIS when a student fails to maintain their status according to the Code of Federal Regulations. Termination of SEVIS registration by DSOs is permissible only for reasons explicitly listed in 8 C.F.R. While DHS officials also possess the authority to terminate SEVIS records under 8 C.F.R., such instances were historically infrequent.
Grounds for SEVIS Termination
Teachers College, like other institutions, is obligated to terminate the F-1 records of students under specific circumstances. These reasons include the student's departure from the United States, acquisition of a different immigration status, or commission of an immigration violation. Students at Teachers College who believe any of these termination reasons may apply to them are advised to consult with the Office of International Students and Scholars (OISS).
The "Student Criminal Alien Initiative" and its Aftermath
A significant shift occurred in March of this year with the implementation of the "Student Criminal Alien Initiative," a program that screened 1.3 million foreign student records against the National Crime Information Center (NCIC) database. This database tracks criminal histories, missing persons, and other interactions with law enforcement. As of May 7, 2025, this initiative had resulted in over 4,700 SEVIS terminations.
However, the NCIC database often lacks comprehensive case disposition information, failing to systematically track case outcomes after initial law enforcement encounters or charges. Consequently, many logged encounters were either not pursued further or resulted in dismissed charges.
Read also: PIC: Your Path to Higher Education
This mass SEVIS termination program faced legal challenges across the United States, with affected students arguing that the termination of their SEVIS status was unlawful and exceeded statutory authority under the Administrative Procedure Act. They also contended that the SEVIS terminations violated the Due Process Clause of the Fifth Amendment to the Constitution.
In response to intense legal scrutiny, some judges issued temporary restraining orders, compelling the government to reverse the SEVIS record terminations of the affected students. Subsequently, the Trump Administration reversed the SEVIS terminations as mandated by the courts. However, shortly thereafter, a new policy was announced, allowing for the termination of SEVIS records for various reasons, including the revocation of student visas by the State Department.
Visa Revocation vs. SEVIS Termination: Key Distinctions
A crucial distinction exists between visa revocation and SEVIS termination. As clarified by a judge in Georgia, student status and student visas are not interchangeable. While the government possesses broad authority to revoke student visas, it does not have unrestricted power to terminate SEVIS records without legal justification. Revoking a visa does not automatically impact a student's immigration status or their ability to continue their studies in the United States. In other words, visa revocation alone does not trigger removal proceedings, only affecting the individual's ability to re-enter the country.
However, a significant caveat exists. Following visa revocation, DHS may determine that an individual with a revoked visa is subject to deportation under INA 237(a)(1)(B), which states that any noncitizen "whose nonimmigrant visa… has been revoked… is deportable." In such cases, ICE can initiate removal proceedings, placing the student in legal jeopardy.
Even if students are not placed into removal proceedings, the termination of their SEVIS records creates numerous complications distinct from the formal visa revocation process. The recent revocations and terminations have generated legal and procedural uncertainty for thousands of international students.
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Visa Revocation: Grounds and Implications
The United States government possesses broad discretion to revoke visas, including student visas. This discretion was affirmed by the Supreme Court in the 2024 case Bouarfa v. Mayorkas.
The State Department has revoked student visas of individuals who have participated in protests on university campuses, raising concerns about freedom of speech in the United States. These revocations have been based on INA 237(a)(4)(C), which allows for the deportation of an alien whose presence or activities in the United States are believed by the Secretary of State to have potentially serious adverse foreign policy consequences for the United States. The administration has also revoked visas for DUIs, citing the Foreign Affairs Manual.
It remains unclear whether every visa revocation resulted in a SEVIS record being terminated, but reports received by NAFSA suggest that probably most did. However, not every student with a terminated SEVIS record has reported receiving notice of a visa revocation.
The Role of NAFSA and Ongoing Litigation
NAFSA is actively monitoring the situation and awaiting the potential impact of ongoing litigation on any forthcoming official policy. NAFSA strives to provide the community with updates on the various cases underway, benefiting from the assistance of numerous skilled lawyers. The litigation specifically challenges SEVIS record terminations by ICE, not visa revocations by the Department of State.
Actions for Students to Consider
Students considering a Leave of Absence from Teachers College should first obtain approval from the Office of the Registrar. Subsequently, they must submit the Leave of Absence Request eForm to the OISS via TC-Compass. Terminating a course of study without prior approval from the OISS may result in the student not being eligible for an additional period for departure. F-1 students are admitted for 'duration of status' (D/S).
Read also: Undergraduate Admissions at Oxford
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