Latest news with #ACLU-WV
Yahoo
23-05-2025
- Health
- Yahoo
Lawsuit aims to stop enforcement of West Virginia's vaccine exemption order
CHARLESTON, (WBOY) — The American Civil Liberties Union of West Virginia (ACLU-WV) and Mountain State Justice (MSJ) have filed a lawsuit of behalf of parents to stop Gov. Patrick Morrisey's executive order allowing vaccine exemptions in schools. The order, which was signed in January, directed health officials to stop enforcing 'compulsory school immunization requirements,' for students who request a religious exemption. A bill to codify religious exemptions failed in the state legislature. The lawsuit filed in Kanawha County Circuit Court claims that Morrisey does not have the authority to enforce his order since the state legislature did not pass the bill. 'Governors do not rule by decree,' ACLU-WV Legal Director Aubrey Sparks said in a press release. 'At the center of this lawsuit is who gets to make these decisions for our students. On this question, the state Constitution is clear that the authority lies with the Legislature, not the governor.' Bridge Sports Complex opens all-inclusive playground The parents behind the lawsuit include those with children who are particularly susceptible to illness. Previously, students had to receive a medical exemption to attend school without being vaccinated for chickenpox, Hepatitis-B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough. 'Parents should be able to know their child will be safe when they send them off to school,' Sarah Brown, MSJ Executive Director, said in the press release. 'We are seeing the devastating effects of loosening vaccine requirements across the country, and that's why the Legislature wisely declined to loosen the restrictions here in West Virginia. It's vital that their decision not be undermined by the executive branch.' The lawsuit asks for a judge to block the enforcement of Morrisey's order. Morrisey said earlier this month that his stance on the order wasn't changed by the bill's failure or the several lawsuits that had been filed against it. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
26-04-2025
- Politics
- Yahoo
Legal action forces Trump administration to back down on W.Va. student deportation
FAIRMONT — The Trump Administration's project of terminating student visas on specious grounds faced a major setback on Friday after massive legal pushback from international students nationwide. Among the wave of lawsuits were two by students from West Virginia University and Marshall University. The schools notified Sajawal Ali Sohail and S.V. the federal government had restored their legal statuses. 'This is positive news not just for our two clients in West Virginia, but for international students across the country,' said ACLU-WV, which represents both students. 'We are continuing to monitor the situation closely, particularly the announcement that ICE will be developing new policies for revoking legal statuses. Sohail, a 25 year-old-undergraduate student at West Virginia University, filed suit against the Department of Homeland Security, Immigration and Customs Enforcement, and the Attorney General of the United States, after the federal government revoked his visa and terminated his record in the Student and Exchange Visitor Information System. Sohail's suit joined another filed by Marshall student S.V., who sued the federal government for the same reason earlier this week. The ACLU-WV was able to secure a temporary restraining order protecting S.V. this week. On Friday, Politico reported lawyers from the Justice Department announced in federal court it was reactivating visa registrations for terminated students in the SEVIS system. They also said ICE was developing a policy for SEVIS record termination. Shauna Johnson, executive director of strategic communications at WVU, said there have been three reversals across the WVU system. 'We continue to work directly with our students affected by status decision changes at the federal level. Circumstances vary which is why we're focused on identifying ways to best support each student. As of now, we are aware of three reversals across the WVU System.' Sohail's revocation came after the federal government found his name during a criminal record check. In 2022, WVU Police arrested Sohail on one felony count of taking identity of another person, according to magistrate court records. However, Sohail's attorney said WVU reversed the charge after it turned out Sohail and his family had been the victims of the scam. According to Sohail's complaint, the family, who resides in Pakistan, was short on tuition money for Sohail. They turned to a business acquaintance, Mansoor Alam, who offered to pay Sohail's tuition upfront with the understanding the family would back the loan. However, after the family paid Alam thousands of dollars for tuition, magistrate court records show, Alam disputed the charge and the blame fell on Sohail for making an unauthorized payment. After discovering the scam, magistrate court records show the state decided not to prosecute, and the judge dismissed the charges. Sparks wrote Sohail wasn't the perpetrator of a crime but the victim of one. Victims of a financial scam, the family ended up having to pay tuition twice. Sparks wrote in the filing Alam had stolen from numerous individuals and was on the run from Pakistani law enforcement. Despite the emotional harm from the scam and false accusations, Sohail continued on track for graduation in May 2025. On April 10, Sohail received an email from the school notifying him his SEVIS record had been terminated. The federal government alleged his name had been found in a criminal records check. 'Unfortunately, we cannot provide any further insight into the termination reason and are unable to reverse this decision by the U.S. federal government,' the email states. Johnson, the school's communications officer, declined to comment on whether the school had confirmed on their own any of the government's claims. The email goes on to urge Sohail to depart the country immediately, as he had lost both his immigration status and work authorization. The school offered to refer Sohail to outside legal resources such as the WVU Immigration Law Clinic, but cautioned Sohail against remaining in the country while he was out of status. 'Given this sudden notice and the approaching end of the semester, we encourage you to speak with your instructors about the possibility of completing your courses remotely,' the email states. 'We do realize the sudden impact this has on you, your academic career and your future plans. Carruth Center counselors are available to speak with you and to assist with what you may be feeling. Please consider reaching out to them if needed.' The school also prohibited Sohail from attending class in-person. Johnson did not elaborate on what the school was doing to support students on a case by case basis. The school's response from April 25 on this question did not change substantively from their response on April 10. Johnson said there 1,031 WVU students on F-1 visas, which is the visa required to pursue a degree at an American higher education institution. Sohail's lawsuit accuses the federal government of disregard for widespread harm, accusing the administration of basing their actions on such specious grounds they defy credibly. According to Inside Higher Ed, 147 estimated terminations at 48 different schools had already taken place. The publication indicated the estimate was most certainly a fraction of the total, because colleges are reluctant to publicly confirm any student visa revocations because they are anxious to avoid federal scrutiny. Billy Wolfe, communications director for ACLU-WV, said they are aware other students who have had their visas revoked had an experience similar to the students ACLU-WV represents. He urged students who are still having problems to contact the organization using the legal assistance tab at website. As for WVU's involvement, Wolfe said he wasn't sure what their role has been but that their issue is with the federal government, and not the school. For now, both students are cleared to return to class. 'We want to be clear that the administration is backing down not because it's the right thing to do,' Wolfe said. 'But, because they have been dragged to court repeatedly and lost again and again.'
Yahoo
25-04-2025
- Politics
- Yahoo
3 WVU students have visas restored by federal government
MORGANTOWN, (WBOY) — Three students at West Virginia University who had their student visas revoked by the Trump Administration earlier this month have now had them restored. According to Shauna Johnson, WVU's Executive Director of Strategic Communications, the university is aware of three students who have had their information restored into the Student and Exchange Visitor Information System (SEVIS) as of Friday afternoon. Johnson said all three attend the Morgantown campus. 12 News previously reported that a total of seven people—four students and three alumni—across the WVU system had their visas revoked. However, Johnson said that as of Friday, that number had climbed to nine total people, including three at WVU Institute of Technology in Beckley. On Thursday, the American Civil Liberties Union of West Virginia (ACLU-WV) informed 12 News that it had filed a lawsuit against the Trump Administration on behalf of Sajawal Ali Sohail, a 25-year-old WVU student from Pakistan who had his visa revoked on claims that he had a criminal background. Gov. Morrisey signs Lauren's Law in Morgantown On Friday, ACLU-WV confirmed that Sohail was one of the three WVU students whose visa had been restored, as well as Marshall University student Shival Vyas, who was granted a temporary restraining order against the Trump Administration earlier this week. This is positive news not just for our two clients in West Virginia, but for international students across the country. We are continuing to monitor the situation closely, particularly the announcement that ICE will be developing new policies for revoking legal statuses. We want to be clear that the administration is backing down not because it's the right thing to do, but because they have been dragged to court repeatedly and lost again and again. Statement from ACLU-WV On Friday, The Hill reported that 1,500 international students will have their visas restored by Immigration and Customs Enforcement (ICE) after numerous lawsuits. Assistant U.S. Attorney Mark Sauter said that student records in SEVIS will also be restored, The Hill reported. He added that ICE will create a new 'framework for SEVIS record terminations,' and that in the meantime, all student records that have been removed from SEVIS will be restored. This story has been updated to correct information provided by WVU officials. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
18-04-2025
- Politics
- Yahoo
ACLU-WV sues Trump administration officials over Marshall student's revoked visa
Marshall University, located in Huntington, (Lexi Browning | West Virginia Watch) The American Civil Liberties Union of West Virginia has filed a federal lawsuit on behalf of a Marshall University graduate student whose visa was 'unlawfully' revoked as a part of an immigration crackdown by President Donald Trump's administration. More than 1,000 international students at 160 colleges and universities across the country have had their visas revoked or their legal status terminated since March, according to a report by the Associated Press. That includes students at colleges and universities in West Virginia. The Marshall student, identified in a Friday news release as S.V., was one month away from graduating when his visa was revoked, according to the ACLU-WV. The student received an email stating that his F-1 visa was being revoked and later learned that he was 'identified in a criminal records check,' the news release said. S.V., 28-year-old data science student originally from India, was sentenced to probation in 2020 in Indiana for operating a vehicle under the influence, a misdemeanor, according to the release. He left the United States and returned in 2023 to study at Marshall. ACLU-WV legal director Aubrey Sparks said that having been identified in a criminal record check is not legal ground for terminating a visa. 'Our client was not convicted of a crime of violence, nor was he convicted of a crime for which the potential sentence is more than one year, meaning that he categorically is not subject to termination of his F-1 status on those grounds,' Sparks said. According to the ACLU, S.V. disclosed the previous charge when re-applying, satisfied all requirements, and was permitted to re-enter the country under the new visa. The student was in the process of applying for post-graduate work in the United States when he received the email ending his visa. The situation caused chaos for his education and career plans, he said. 'I desperately want to complete my graduate degree and pursue work in the United States,' he said in the news release. 'It is clear this wasn't a decision based on my circumstance or experience — this was a predetermined outcome and they just said whatever needed to be said to justify it, even when it didn't apply to me.' The ACLU-WV filed the lawsuit Friday in U.S. District Court for the Southern District of West Virginia. The complaint names Kristi Noem, secretary of the U.S. Department of Homeland Security, Todd Lyons, acting director of the U.S. Customs and Immigration Enforcement, and U.S. Attorney General Pam Bondi. Across the country, lawsuits have been filed and rallies held in response to the student visas being revoked. Government officials have not specified the reasons the administration has canceled visas, but U.S. Secretary of State Marco Rubio said last month that participating in protests against Israel's war in Gaza will not be tolerated. 'They're here to go to class. They're not here to lead activist movements that are disruptive and undermine our universities. I think it's lunacy to continue to allow that,' Rubio said. In the news release, ACLU-WV executive director Eli Baumwell said international students and scholars are a vital part of the nation's universities, economy and communities. 'Unfortunately, it has become increasingly clear that the Trump administration is simply taking the law into its own hands in its crusade against noncitizens,' he said. 'Never before has a president taken such sweeping actions to revoke student visas, and that's why we need the courts to step in and protect their rights to due process under the Constitution.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
