The Innovation Law Lab, which filed a lawsuit with ACLU Oregon on behalf of Aaron Ortega Gonzalez, confirmed to KOIN 6 News that the judge gave a temporary restraining order to block the loss of the student’s F-1 status for 14 days.
Gonzalez was working toward his Ph.D. at the university’s College of Agricultural Sciences when he had his student immigration status terminated on April 4.
A Mexican citizen, Gonzalez came to OSU to research ways to restore livestock on Oregon ranchlands that have been impacted by wildfires. The suit states he has no known criminal history in the U.S. or abroad.
Jordan Cunnings, the legal director at Innovation Lab, said Gonzalez “is engaged in really important research in the field, so every day he’s not able to do that research is a big loss for his academics and the academic community.”
The ACLU claims the Trump Administration violated Gonzalez’s due process rights, as the government is required to have a reason to terminate someone’s immigration status. The lawyers also claim Gonzalez should have been given advance notice of — and an opportunity to respond to — his status revocation.
“To legally terminate a student’s status, the student, for example, must fail to take full courses of study, engage in unauthorized employment, or be convicted of a violent crime. None of those situations exist in this case, thus there is no basis for termination,” the ACLU states.
The lawsuit claims the terminations were “covertly entered” into the Student and Exchange Visitor Information System (SEVIS) database by the Department of Homeland Security.
Across the country, over 1,000 students are at risk of deportation following the revocation of their F-1 status and more than a dozen of those students have been confirmed in Oregon.
“Targeting international students because of where they’re from or their beliefs really goes against our laws and our values,” Cunnings said. “International students and scholars are vital to our nation’s universities, our economy, and our communities — particularly here in Oregon.”
It is unclear whether the decision will lead to a further appeal.
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