International Utah students’ records being reinstated, lawyer confirms

SALT LAKE CITY (ABC4) — One of the immigration attorneys who filed a lawsuit against the Department of Homeland Security (DHS) has confirmed that international students’ Student and Exchange Visitor Information System (SEVIS) accounts are being reinstated.

Phillip Kuck, the immigration attorney, confirmed to ABC4 that U.S. Immigration and Customs Enforcement (ICE) has begun reversing the termination of those records.

“For all international students who have seen their SEVIS records terminated in recent weeks, it does appear that ICE is reversing the SEVIS terminations of international students, which allows them to lawfully complete their studies and OPT programs,” Kuck said in an email to ABC4.

The lawsuit, filed last Friday, April 18, was filed by eight international students from several countries who had their SEVIS accounts terminated while studying in Utah. According to the lawsuit, DHS violated students’ Fifth Amendment rights on the basis that they had no notification or opportunity to contest the decision.

The lawsuit asked that the court restore the students’ SEVIS registration, nonimmigrant student status, and curricular practical training (CPT) or optional practical training (OPT). It did not ask that visas be reinstated at this time, though it stated “said revocations appear to have been taken in bad faith.”.

“It does not appear (at the moment) that the Department of State plans to reinstate any visa revocations,” Kuck stated.

Last week, a BYU PhD student’s visa was reinstated after this lawsuit was filed. Adam Crayk, his attorney, was not able to say for sure it was due to the lawsuit, but “it was the right course of action.”

The reversals of SEVIS termination appear to be in line with the lawsuit’s demands, and ABC4 has reached out to ICE for more information on why they are now restoring these students’ accounts.

MJ Jewkes contributed to this report.