Utah international students file lawsuit against Department of Homeland Security

SALT LAKE CITY (ABC4) — A lawsuit has been filed against the U.S. Department of Homeland Security on behalf of eight international students in Utah who had their Student and Exchange Visitor (SEVIS) Program records terminated.

In a release sent to ABC4.com, the ACLU of Utah states that they have filed this lawsuit alongside the law firm Stowell Crayk, P.C., and immigration attorneys Phillip Kuck and Timothy Wheelwright.

The eight students are from four countries — China, Nigeria, Mexico, and Japan — and attend schools located in Utah, including Brigham Young University, the University of Utah, and Ensign College — at least one is enrolled at BYU-Idaho.

“In the United States, everyone — no matter your immigration status — has a constitutional right to due process. To terminate an international student’s SEVIS registration, the U.S. government must adhere to regulatory standards and provide basic due process, which it has failed to do – it’s not just wrong, it’s unlawful,” Jason M. Groth, Legal Director at the ACLU of Utah, said in the release.

According to the lawsuit, DHS violated students’ Fifth Amendment rights on the basis that they had no notification or opportunity to contest the decision. ACLU says that they are working on filing a temporary restraining order to protect these students.

“These students face irreparable harm if the courts do not correct the government’s unlawful actions, including lost immigration status, lost education, lost diplomas, lost tuition, and lost jobs and careers,” said attorney Phillip Kuck. “If the courts choose not to act, they face removal from the country without any tangible recourse.”

The lawsuit states that the students are not currently seeking to challenge the revocation of their F-1 visas “even though said revocations appear to have been taken in bad faith.” They are seeking the reinstatement of their SEVIS registration.

According to Immigration and Customs Enforcement (ICE), SEVIS is “the Web-based system that the U.S. Department of Homeland Security (DHS) uses to maintain information on Student and Exchange Visitor Program (SEVP)-certified schools.”

When those students’ SEVIS records were terminated, they were subject to “arrest, detention, and deportation, forcing them to lose their schooling and their employment,” according to the lawsuit. It asserts that ICE is not authorized to terminate their SEVIS records even when the student’s visa has been revoked.

“Practically speaking, termination of a SEVIS record prevents the student from doing things they must do in order to maintain their status, like OPT reporting, requesting transfers, requesting reduced course load for medical emergencies, etc.,” the lawsuit states.

The students involved in the lawsuit are not identified and are listed as Jane or John Doe. Much of the background information involving the plaintiffs has been redacted.

The causes of action listed are under the Fifth Amendment and the Administrative Procedure Act. The lawsuit asks that the court declare the termination of the students’ SEVIS registration and termination of their nonimmigrant status was unlawful.

The lawsuit also asks that the court restore their SEVIS registration, nonimmigrant student status, and curricular practical training (CPT) or optional practical training (OPT).

“The abrupt and unexplained termination of these students’ lawful SEVIS registration is profoundly concerning. These students now face deportation or worse, placing their education and futures in jeopardy,” said Tom Ford, Staff Attorney at the ACLU of Utah. “Coordinated attacks on due process are paving the way for the kind of tyrannical government our Constitution was meant to prevent—and the ACLU of Utah is taking action to stop that abuse of power and keep rights intact for all of us.”