International students caught in limbo after new US ICE policy shift

A new internal memo issued by the US Immigration and Customs Enforcement (ICE) has sparked fresh concerns for international students whose SEVIS records were recently reinstated.

Despite the apparent restoration of these records, the memo indicates that students may still face legal jeopardy due to how the reinstatements were handled.

Charles Kuck, founding partner of immigration law firm Kuck Baxter, explained, “It turns out that ICE did not ‘unrevoke’ the SEVIS registration to the date of their mess up (aka the date of termination of the record). They reinstated it as of April 24. That means these international students now have a gap in their SEVIS records, which, according to ICE's new policy, renders them out of status during that time.”

Being classified as "out of status" can have serious legal consequences, including potential deportation, visa ineligibility, and long-term re-entry bans depending on the length of unlawful presence.

The ICE memo outlines detailed instructions to the Student and Exchange Visitor Program (SEVP) for terminating SEVIS records under several grounds.

These include failure to report employment while on Optional Practical Training (OPT), unauthorized withdrawal from academic programs, non-compliance with visa terms, changes of status, and visa revocations by the Department of State (DOS).

According to the memo, “A terminated record in SEVIS could indicate that the non-immigrant no longer maintains F or M status.”

Although it notes that termination does not automatically result in penalties, this position has faced legal challenges, and multiple district courts have granted temporary restraining orders in favor of affected students.

ICE may still pursue investigations or removal proceedings following a termination.

The document also highlights the discretionary power of DOS to revoke visas. “DOS may at any time, in its discretion, revoke an alien’s visa. DOS can consider derogatory information provided by ICE and other US law enforcement agencies in its assessment of whether visa revocation is appropriate for an alien. When DOS revokes an alien’s visa with immediate effect, ICE should take steps to initiate removal proceedings.”

Greg Siskind, founding partner of the law firm Siskind Susser, commented on the implications of this policy shift, “We are expecting a lot of people who were reinstated to once again have their SEVIS terminated. In short, ICE says they will terminate whenever DOS revokes a visa. And DOS will revoke a visa for phantom reasons with no due process to address why revocation happened. The Trump administration is counting on the argument that nothing DOS decides is reviewable by a court.”

In late April, students saw their previously terminated SEVIS records suddenly show an “active” status.

SEVIS, the web-based system used to monitor international students, became a central focus after mass terminations began in March and April.

Many students, primarily from India, were advised by school officials to leave the country, while others stayed and took legal action.

In several court hearings, ICE officials claimed they were in the process of restoring SEVIS records and drafting a termination policy.

“Until such a policy is issued, the SEVIS records will remain active/will be reactivated. ICE will not modify the SEVIS records solely based on the National Crime Information Center (NCIC) finding that resulted in the recent SEVIS terminations…” said the agency.

The NCIC is a federal crime database accessible to various law enforcement agencies across the US.

With the newly released ICE memo now in effect, immigration attorneys anticipate a new wave of lawsuits—both individual and class action—aimed at challenging the policy and clarifying its impact on students caught in the administrative crossfire.