Kalamazoo, Mich. — The status of six international students at Western Michigan University (WMU) has been restored in the Student and Exchange Visitor Information System (SEVIS), following an incident in which their records were removed without their knowledge or the university’s consent. The actions, carried out by federal officials, have prompted a federal lawsuit against members of the U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE), which is now advancing in the courts.
Earlier this month, the university confirmed that the students’ records were removed from SEVIS, a system used to track international students in the U.S. The incident followed a federal decision to cross-reference the records with the National Crime Information Center (NCIC), where minor infractions like traffic tickets or dismissed charges had been logged. Attorneys representing the students claim the removal of their records was unlawful and without due process, and are now working to prevent similar actions in the future.
A lawsuit was filed in the Western District of Michigan, with legal representatives arguing that the federal officials improperly referenced NCIC data to remove the students’ status. The attorneys assert that this was an overreach and a violation of the students’ rights. “We are pushing to ensure that this never happens again,” said Adriana Kemish, associate attorney for the Law Office of Amy Maldonado in East Lansing.
In response to the lawsuit, a federal judge issued a temporary restraining order last week, requiring that the statuses of three WMU students be reinstated, along with others affected by the situation. Following this, ICE officials took further steps on Friday, restoring the student statuses of more than 1,000 international students across the U.S. The agency clarified, however, that this action is temporary as it develops a new policy framework for handling such cases.
Attorneys for the affected students have voiced concerns that ICE could eventually attempt to reinstate its original decision to remove records, despite the reversal. Kemish stressed that the legal team is prepared to fight back against any such efforts. “The government is backing down now, but we expect they will continue to explore ways to remove students’ statuses without notice or due process,” she said.
One of the students at the center of the lawsuit is a 27-year-old man from India who is set to graduate this year with a master’s degree in industrial engineering. He had a misdemeanor retail fraud charge and a speeding ticket dismissed after completing probation earlier this year. Another plaintiff, a 27-year-old doctoral student from Nepal studying aerospace engineering, had a traffic violation dismissed following payment of a fine. The third student, a 31-year-old woman from China, is working toward a doctoral degree and had a speeding ticket dismissed in 2021 after completing the terms of her citation.
The plaintiffs argue that these minor infractions, which were either dismissed or resolved, should not have led to the removal of their status from SEVIS, particularly when the actions had no bearing on national security.
For many of the students involved, the reinstatement of their status has brought some relief, but anxiety remains. “All of these students are now asking, ‘Can I travel? Can I go see my family? Can I take a summer break?’” said Kemish. “The safest bet, as advised by litigators across the country, is that these students should not attempt to travel internationally until their status is fully secure.”
The uncertainty surrounding the situation has also raised concerns about the potential deterrent effect on future international students. “Who would want to experience such vindication and persecution just to come and earn a college degree in the United States?” Kemish remarked.
In an earlier statement, Assistant DHS Secretary Tricia McLaughlin emphasized that obtaining a U.S. visa to study is a privilege, not a right, and that the State Department makes determinations on visa revocations when individuals are considered a threat to national security. However, attorneys for the students argue that the actions taken by federal officials were misguided and not based on any legitimate national security concern.
The situation is ongoing, and the legal teams representing the affected students continue to push for justice and policy changes to prevent future incidents like this from occurring.
WMU officials and representatives from ICE have yet to provide an official comment on the matter.
