What Universities and F-1 Students Should Know about the SEVIS Cancellation Lawsuit
May 2, 2025The Background:
The U.S. government is in the process of formulating a new policy to regulate how SEVIS (Student and Exchange Visitor Information System) records are terminated, following legal action taken by international students whose visas were unjustly revoked. SEVIS is the database used to monitor whether international students are adhering to the terms of their F-1 or M-1 visas.
The Lawsuit:
Recently, a federal judge in Georgia issued Temporary Restraining Orders (TROs) requiring the reinstatement of SEVIS records for 133 students who argued that their visa statuses were unlawfully terminated after law enforcement checks that did not result in arrests or criminal charges. These abrupt cancellations caused significant distress among affected students, many of whom were unaware they were even under investigation.
The Current Status:
A result of this lawsuit, a Department of Homeland Security (DHS) attorney informed a federal court in Oakland, California, that the agency was reversing the terminations. A court statement and follow-up email to attorneys confirmed that DHS is developing clear guidelines for future SEVIS record closures. Until those guidelines are finalized, Immigration and Customs Enforcement (ICE) has committed to keeping the records of the affected students active or reactivating them as necessary, stating that records will not be altered solely due to NCIC (National Crime Information Center) database entries that had triggered the terminations.
Even so, many immigration lawyers are anticipating that many students, whose SEVIS records were cancelled and then reinstated, will once again have their SEVIS records terminated. ICE is now stating that it will terminate a SEVIS record whenever the Department of State revokes a visa. It is widely accepted that the Department of State will revoke a visa erroneously with no due process to address the reason for the revocation, showing that this new policy will lead to many erroneously deleted SEVIS records.
What’s more, ICE did not “unrevoke” the SEVIS registrations on the date of their initial error. The “unrevocation” occurred as of the April 24, 2025. That means all of these students now have a gap in their SEVIS records, which, according to ICE’s new policy renders them out of status during that time. We feel confident that USCIS will take this into account when adjudicating a change of status, and other applications.
Our firm strongly recommends that F-1 visa holders stay vigilant in checking their SEVIS profiles. F-1 visa holders should also regularly consult their Designated School Officials (DSOs) and follow the right procedures for changes like course drops or transfers.