Reports of Visa Revocations & SEVIS Record Terminations
Many of you are seeing the news about student visa revocations and high-profile student detentions around the US. Historically, the US Department of State would only revoke a student visa if a student were arrested or convicted of a crime in the United States. However, it appears the federal government may be relying on other sources of information (US immigration history, social media activity, etc.) to revoke the visas of students who are alleged to have participated in student activism or to otherwise pose a threat to US foreign policy or national security. Typically, the US Department of State would notify the visa holder directly but not the school.
Since the end of March, we have started seeing a new pattern where U.S. Immigration and Customs Enforcement (ICE) is terminating student records in the Student and Exchange Visitor Information System (SEVIS) without notice. In response, the ISSO team is now routinely reviewing SEVIS for any terminations and alerting BU students who have been impacted by a SEVIS record termination. We are helping students understand how a SEVIS record termination impacts their student status in the United States and are providing them with a list of immigration attorneys and legal organizations so they can explore their options as the consequences of a SEVIS termination are immediate.
See helpful FAQs from the Presidents Alliance for more details.
The SEVIS Help Hub Terminate a Student page explains that when an F-1 SEVIS record is terminated:
- The student loses all employment authorization (including on-campus employment and off-campus CPT, OPT and STEM OPT).
- The student cannot re-enter the United States on the terminated SEVIS record.
- Immigration and Customs Enforcement (ICE) agents may investigate to confirm the departure of the student.
- Any associated F-2 dependent records are terminated.
This page also confirms that there is no grace period after a termination for any “violation of status” and, if the student and any dependents are still in the United States, the student must either apply for reinstatement, or the student and dependents must leave the United States immediately. Under federal immigration law, any alien who was admitted as a nonimmigrant and who has failed to maintain their nonimmigrant status, or to comply with the conditions of such status, is deportable.
We strongly recommend that any student impacted by an ICE-initiated SEVIS record termination seek the advice of an immigration attorney experienced in deportation cases given the legal complexities involved, the fact that these terminations are unprecedented and their bases unclear, and the fact that each student’s situation is unique.
This is a national trend and there are now hundreds of individual and mass actions lawsuits that have been filed to seek protections from further ICE action for students and to return SEVIS records to active status in the interim while legal actions proceed through the courts. There are numerous professional associations closely monitoring the situation and actively seeking clarification from US Department of Homeland Security and US Department of State.
We will continue to support our international students during this challenging time, to monitor developments and to update the community.