‘Unlawful and unconstitutional’: US DHS sued over termination of international student visas

The Presidents’ Alliance on Higher Education and Immigration—a coalition of more than 570 college and university leaders—alongside several affected international students, has filed a lawsuit in the US District Court for the District of Massachusetts.

The legal challenge takes aim at the Department of Homeland Security (DHS) over its abrupt and sweeping termination of SEVIS records for F-1 students and those participating in Optional Practical Training (OPT).

According to the complaint, DHS’s actions have no legal grounding in federal regulations and violate students’ constitutional right to due process under the Fifth Amendment.

Thousands of students suddenly lost their legal status without warning, explanation, or a chance to respond—disrupting their education, housing, employment, and future just as many were preparing to graduate or enter the workforce.

The lawsuit also highlights how the policy undermines colleges’ and universities’ ability to support and retain international students effectively.

Represented by Green & Spiegel and the National Immigration Project, the plaintiffs include both the Presidents’ Alliance and several international students from member institutions such as Boston University and MIT.

SEVIS, a federal tracking system run by US Immigration and Customs Enforcement’s Student and Exchange Visitor Program (SEVP), is a crucial marker of a student’s legal status.

A terminated SEVIS record means a student loses the right to work under OPT or Curricular Practical Training (CPT), and in many cases, even to drive, rent housing, or remain in the US. Termination often leads to serious consequences, including detention or removal proceedings.

Through this lawsuit, the Presidents’ Alliance asks the court to declare the policy unlawful and unconstitutional.

They also seek to vacate all improper SEVIS terminations and enjoin DHS from making future terminations affecting international students at Presidents’ Alliance member institutions.

Additionally, the Alliance is requesting the immediate reactivation of SEVIS records for those already harmed and a stay of the policy while the case is litigated.

The students involved in the case are using pseudonyms. One is a Boston University graduate student in a STEM program, set to complete his degree in May 2025.

Despite having only minor traffic violations, his SEVIS record was terminated due to an alleged criminal background—putting his future career plans in jeopardy.

Another plaintiff, a recent graduate with a master’s in financial mathematics from Boston University, was working under STEM OPT when his SEVIS record was unexpectedly terminated in April 2025, again citing vague allegations related to a criminal records check or visa revocation.

With no criminal history, he lost his job and the opportunity to return to his employer.

“We are going to court to protect the rights of international students and defend our member institutions' ability to appropriately attract, retain, and support them. The unlawful termination of student records without due process strikes at the heart of higher education’s mission,” said Miriam Feldblum, president and CEO of the Presidents’ Alliance.

“Colleges and universities drive innovation, research, and workforce growth by fostering global talent — but they can’t do that when students’ futures are derailed without explanation or when fear and uncertainty diminish our global competitiveness and reputation,” Feldblum added.

“These actions deter future international students from studying here in the US and hinder campus administrators from carrying out their work by the arbitrary upending of established regulations and processes,” the president continued.

Louis Caldera, Board Chair of the Presidents’ Alliance and former president of the University of New Mexico, echoed that concern, saying, “International students are driving cutting-edge, university-based research and launching innovative companies that bolster national security and fuel our economic vitality.”

“But that progress is at risk when students face sudden, unjustified disruptions to their status. Our colleges and universities cannot remain global leaders in innovation when fear and uncertainty deter top talent or if institutions are prevented from supporting the very students who help power America’s future,” Caldera added.

Sirine Shebaya, Executive Director of the National Immigration Project, emphasized the human cost of the policy, saying, “The sudden move to terminate thousands of international students' SEVIS records without any lawful basis is unprecedented and has introduced fear and uncertainty into the lives of international students, many of whom are here without strong family or other support networks already, and most of whom do not have a deep understanding of the details of how the immigration laws work.”

“Against that background, the terminations are not only lawless; they are also cruel and yet another manifestation of policies that fly in the face of both legal standards and common decency. The National Immigration Project is proud to represent the Presidents’ Alliance and impacted students across the country in seeking an end to this policy,” Shebaya added.