Federal judge blocks immigration authorities from revoking international students' legal status
The order by US District Judge Jeffrey S. White in Oakland bars the government from arresting, incarcerating or moving students elsewhere based on their legal status until the case is resolved.
Students could still be arrested for other reasons and their legal status can still be revoked if they are convicted of a violent crime carrying a prison term of more than a year.
Most courts hearing these types of cases have granted protections to the person suing, but White said the government's actions 'wreaked havoc' not only on the lives of plaintiffs but other nonimmigrants in the US on student visas.
White, who was nominated by President George W. Bush, a Republican, issued the nationwide injunction sought by attorneys for about two dozen students who sued after their legal status was abruptly terminated in early April by Immigration and Customs Enforcement.
More than 4,700 international students had their permission to study in the US canceled this spring, with little notice or explanation, as part of President Donald Trump's crackdown on immigrants and foreign nationals. In court hearings, Department of Homeland Security officials said they ran the names of student visa holders through an FBI-run database that contains the names of suspects and people who have been arrested, even if the charges were dropped or they were never charged with a crime.
Some students left the US rather than risk being deported to a third country.
Government lawyers say the administration is exercising its prerogative to administer the Immigration and Nationality Act. They say students do not need the court's protections because ICE reinstated legal status and was mailing status reactivation letters to affected students.
But White found those actions insufficient. He said that the erroneous revocation remained in the students' record, impacting their ability to obtain a new visa or change their nonimmigrant status. Some students are still dealing with fallout from the previous terminations and there is no guarantee they won't have their legal status revoked again on a whim.
He also chastised the administration for unveiling new policies or new actions in an apparent attempt to satisfy the courts' concerns.
'It is unclear how this game of whack-a-mole will end unless Defendants are enjoined from skirting their own mandatory regulations,' White wrote.
A survey by The Associated Press-NORC Center for Public Affairs research found that even the visa revocations for students who participated in pro-Palestinian protests are more unpopular than popular. About half of US adults oppose this policy, and only 3 in 10 are in support.
Among college educated adults, 6 in 10 strongly oppose, compared with 4 in 10 who aren't college graduates.
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