The American Civil Liberties Union of Utah is suing the Department of Homeland Security and U.S. Immigration and Customs Enforcement on behalf of 11 international students whose legal status was thrown into question earlier this year.
On April 4 DHS, through ICE, abruptly terminated the Student Exchange Visitor Information System records records of international students across the country.
Aaron Welcher, the director of communications for the ACLU of Utah, explained SEVIS records are what allow international students to legally stay and study in the U.S. Without them, the students could face deportation.
“So [these] student[s] literally didn't exist in the database," he explained, "which then would affect their visa, and could have caused their visas to be revoked, or for them to have to be removed from the country.”
He said the students weren’t warned or given a chance to respond — just an email informing them their records had been terminated. Welcher said this is a clear due process issue.
“So that's the heart of our lawsuit," he said. "The due process claim comes in because deleting these student records from the database, without any sort of chance to respond to the government and prove that they're here and that their record shouldn't be deleted, is abnormal.”
The lawsuit, filed in late April, asks for the records to be reinstated and for ICE to stop any removals or visa terminations while the case plays out.
A judge has granted a temporary restraining order, and Welcher said the ACLU hopes it will be followed by a preliminary injunction.
He also encouraged students — whether directly affected or simply concerned — to educate themselves about their rights. He recommended reaching out to an immigration attorney to develop an action plan and better understand their available resources.
“What a lot of people don't realize is that everyone in America, no matter their immigration status, are protected by the Constitution and have rights," he said. "And we'll always fight for that.”
To learn your rights and access other resources visit https://linktr.ee/acluutah.
