Federal judge orders ICE to reinstate legal status of 133 foreign students

A federal judge in Georgia has ordered the Trump administration to reinstate the legal statuses of 133 international students by 5 p.m. Tuesday after their F-1 student visas were suddenly terminated by Immigration and Customs Enforcement (ICE) and Homeland Security (DHS).

The students, many of whom are in good academic standing and close to graduation, had their records terminated on Homeland Security’s SEVIS (Student and Exchange Visitor Information System) and they allege this was done without prior notice, proper explanation or an opportunity to respond. SEVIS is a database Homeland Security uses to monitor non-immigrant students.

U.S. District Court Judge Victoria Calvert, a Biden appointee, granted temporary restraining orders on behalf of the plaintiffs and ordered ICE and DHS to reinstate student statuses retroactively to March 31, 2025.

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"Plaintiffs are likely to show that Defendants' termination of the SEVIS registration exceeds the bounds of statutory and regulatory authority and is therefore unlawful," Calvert wrote.

The lawsuit was filed by the ACLU and other groups in the Northern District of Georgia with Attorney General Pam Bondi, Homeland Security Secretary Kristi Noem and acting Director of ICE Todd Lyons listed as defendants in the case.

The Department of Justice responses to the lawsuit are currently sealed in the court docket.

The plaintiffs argue that the SERVIS terminations were used as a coercive tool rather than a lawful enforcement action and that many of the students have no criminal records and were given short notice to leave the U.S. despite maintaining valid student visas. 

Furthermore, several of the students are enrolled in STEM programs or work placements, suggesting they are high-achieving international students.

"DHS's act of unlawfully terminating SEVIS records appears to be designed to coerce students, including each plaintiff, into abandoning their studies and ‘self-deporting’ despite not violating their status," the plaintiffs wrote. 

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The government argues that the revocations were valid under existing laws and regulations, particularly when students were flagged during criminal record checks or had their visas revoked. They cited grounds for deportability, even when there had been no arrest or conviction.

The judge also rejected the government’s claim that granting relief to these students would affect the executive’s "control over immigration."

Calvert found that the terminations exceeded legal authority and likely violated the Administrative Procedure Act and the Fifth Amendment.

Furthermore, the judge found that the plaintiffs had demonstrated a substantial threat of irreparable harm, including loss of legal status, education, employment and mental distress, and that the balance of harms and public interest favored the students.

The decision was welcomed by Akiva Freidlin, the senior staff attorney at the ACLU-Georgia.

"The Constitution protects everyone on American soil, so the Trump administration cannot ignore due process to unjustifiably threaten students with the loss of immigration status, and arrest and deportation," Friedlin said in a statement. 

READ THE ORDER BELOW. APP USERS, CLICK HERE.

"We believe this ruling shows the students are likely to prevail on their claims and we are pleased the court ordered the government to halt its unlawful actions while the lawsuit continues."

The case will now be heard for a preliminary injunction, potentially offering longer-term relief, on Thursday, April 24.