Judge Overturns ICE Decision Restoring Visas For International Students

Gavel on table with glasses and notebook

A federal judge in Georgia has reinstated the F-1 visas of 133 international students after Immigration and Customs Enforcement (ICE) abruptly revoked their legal status, leaving students facing potential deportation and derailing academic careers.

Key Takeaways

U.S. District Judge Victoria Marie Calvert issued a temporary restraining order requiring ICE to reinstate the legal status of 133 international students by April 22.
The judge found that terminating the students’ SEVIS records without prior notice violated due process and likely exceeded legal authority.
Many affected students were weeks away from graduation or enrolled in STEM programs and authorized work placements.
The lawsuit, filed by the ACLU-Georgia and other groups, argues the government’s actions were coercive and intended to pressure students into abandoning studies and self-deporting.
A preliminary injunction hearing is scheduled for April 24 to determine if longer-term relief should be granted.

Judge Halts Government’s Visa Terminations

Judge Victoria Marie Calvert of the U.S. District Court for the Northern District of Georgia issued a temporary restraining order blocking the federal government from terminating the legal status of 133 international students. The judge’s order requires immigration authorities to restore the students’ F-1 visa status to a date prior to the revocation, specifically March 31, 2025. Judge Calvert found the students were likely to succeed in their arguments against the administration’s actions, noting that the visa terminations appeared to exceed legal authority and likely violated both the Administrative Procedure Act and the Fifth Amendment.

According to court documents, the students’ records were terminated in the Student and Exchange Visitor Information System (SEVIS) database without prior notice, explanation, or opportunity to respond. This sudden action left many students in a precarious legal situation, with some facing potential detention and deportation despite having maintained valid visa status and having no criminal records. The judge’s order requires the government to take immediate steps to restore the students’ legal status in federal immigration databases.

Students Face Severe Educational Disruption

The visa terminations threatened students’ educational access, scholarships, and career opportunities, with many affected students approaching graduation. The abrupt nature of the revocations has caused significant disruption to academic progress and future plans for these international students, many of whom have invested years in their American education. Some students were enrolled in STEM programs or participating in authorized work placements, indicating they were high-achieving contributors to their academic communities.

“Many plaintiffs are mere weeks away from attaining their degrees,” Calvert wrote. “The loss of timely academic progress alone is sufficient to establish irreparable harm.”

The court recognized the significant and irreparable harm facing these students if their legal status remained terminated. Without judicial intervention, affected students would have been forced to either leave the country immediately or risk becoming undocumented immigrants subject to deportation proceedings. This disruption came at a particularly critical time for many students who were completing final coursework, preparing for graduation, or starting approved post-graduation employment opportunities.

Legal Challenge Highlights Due Process Concerns

The lawsuit was filed by the American Civil Liberties Union of Georgia along with several legal partners, with defendants including Attorney General Pam Bondi and Department of Homeland Security Secretary Kristi Noem. The legal action challenges the government’s authority to terminate student visas without proper notification and argues that such terminations violate constitutional protections that apply to all individuals on American soil. The case has drawn significant attention as it touches on broader issues of immigrant rights and administrative power.

The plaintiffs’ attorneys argue that the government’s actions were coercive and lacked legitimate enforcement intent, seeking instead to pressure students into abandoning their studies and leaving the country. Government attorneys have countered that providing relief to these students would interfere with federal authority over immigration policy. The case follows allegations that over 1,500 student visas have been revoked recently, with some critics suggesting connections to political activism among international students, particularly regarding pro-Palestinian demonstrations on college campuses.

Next Steps in the Legal Battle

While Judge Calvert’s temporary restraining order provides immediate relief for the affected students, the legal battle is far from over. The court has scheduled a preliminary injunction hearing for April 24 to determine whether longer-term relief should be granted as the case proceeds. The lawsuit is also seeking class-action status, which would potentially broaden its impact to protect other international students facing similar circumstances in several states and territories.

“We are so glad that the court recognized the irreparable harms that these students are facing as a result of the government’s actions and that the court recognized the urgency with which it had to act in order to prevent grave injustices from occurring. Immigrants’ rights continue to be under attack every day in this country. It’s nice to see some light in the midst of all the injustice,” said Samantha Hamilton, impact litigation staff attorney at Advancing Justice in Atlanta, Georgia.

The case highlights ongoing tensions in immigration enforcement and policy, particularly regarding the treatment of international students who contribute significantly to American educational institutions and the economy. Legal experts and advocates emphasize that while the court’s decision is a positive step for the affected students, further legal battles are anticipated as the administration defends its authority over immigration enforcement actions. The outcome of this case could potentially establish important precedents for due process protections for international students across the country.