US Senate News:
Source: United States Senator for Rhode Island Jack Reed
WASHINGTON, DC – Earlier this month, the Trump Administration abruptly and arbitrarily removed thousands of international students from the Student and Exchange Visitor Information Systems (SEVIS) database, which schools and the federal government use to monitor visa compliance. Students at Brown University and the Rhode Island School of Design were among those reported to be impacted.
Multi-state litigation was launched on behalf of students and communities nationwide affected by the revocations, and those fearful they could be next, and the courts sided with the international students, forcing the Trump Administration to halt and reverse its wave of visa revocations. But with uncertainty and concern still high among families and schools, Rhode Island’s two U.S. Senators are taking action to help impacted foreign students and local schools and universities. The senators also warn President Trump is driving top talent away and harming U.S. interests.
Today, U.S. Senators Jack Reed (D-RI) and Sheldon Whitehouse joined Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, and 32 of their Senate colleagues in pressing the Trump Administration to reconsider recent decisions to revoke student visas in a letter to Department of Homeland Security (DHS) Secretary Kristi Noem, Secretary of State Marco Rubio, and Immigration and Customs Enforcement (ICE) Acting Director Todd Lyons.
The 35 U.S. Senators began by urging the Administration to undo unlawful student visa revocations, writing: “We recently learned that your agencies have been revoking student visas and terminating Student Exchange and Visitor Information System (SEVIS) records across the country. These actions to end student status reflected an unannounced change in policy and were inconsistent with existing laws, regulations, policies, and agency guidance governing the maintenance and termination of student status—that is why we welcomed the news late last week that in response to litigation around the country, ICE has reversed these SEVIS terminations. We now urge you to undo other actions to end student status that are inconsistent with such laws, regulations, and agency guidance and ensure that all future actions to end student status fully comply with the law.”
The Senators continued by highlighting the lack of reasoning provided in many of these visa revocations, writing: “[S]tudents across the country—who by all accounts appear to have followed all of the applicable laws and agency guidance—have reported visa revocations with no clear explanation as to the basis to terminate status. SEVP has completed at least 4,736 total terminations of student visa holders’ SEVIS records. By DHS’s own admission, the statute and regulations do not provide SEVP the authority to terminate nonimmigrant status by terminating a SEVIS record. Your decision to reverse such terminations is therefore prudent and required by law.”
The Senators then outlined the Trump Administration’s apparent violation of federal law in revoking these visas, writing: “Current laws, regulations, and agency guidance also require notice to be provided when a student’s status is being terminated or revoked. Here, it is not clear that students were provided the notice required by law. Many students were notified by universities that they have lost their student status when their SEVIS records have been terminated, without being provided any information about potential reinstatement. Some students received emails that their visas were revoked and were directed to self-deport, with no clear information as to the basis for their revocation or means by which they can appeal the revocation. Some students only learned about losing status when arrested by masked federal agents. These reports suggest that students were not given notice of the termination of their status in a manner consistent with existing laws, regulations, and agency guidance.”
The Senators conclude with an appeal to the Administration to reconsider these visa revocations and warning to adhere to federal law, before making a series of immigration requests, writing: “Students who have entered through our legal immigration system and followed the law remain unsure of what, if any, steps they may take to maintain their status and safeguard themselves from immigration enforcement. While we are relieved that ICE has reversed these SEVIS terminations, we now urge you to undo other actions to end student status that are inconsistent with such laws, regulations, and agency guidance. Finally, we understand that you are contemplating additional actions to end student status. Any such changes must be consistent with applicable statutes, including requirements for notice with respect to changes that would deprive a student of their status and ability to live and study in the United States and place them at risk of detention.”
In addition to Reed, Whitehouse, and Durbin, the letter is signed by U.S. Senators Tammy Baldwin (D-WI), Michael Bennett (D-CO), Richard Blumenthal (D-CT), Lisa Blunt Rochester (D-DE), Cory Booker (D-NJ), Chris Coons (D-DE), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Ruben Gallego (D-AZ), Maggie Hassan (D-NH), Martin Heinrich (D-NM), Mazie Hirono (D-HI), Tim Kaine (D-VA), Mark Kelly (D-AZ), Andy Kim (D-NJ), Amy Klobuchar (D-MN), Ben Ray Luján (D-NM), Jeff Merkley (D-OR), Patty Murray (D-WA), Jon Ossoff (D-GA), Alex Padilla (D-CA), Jacky Rosen (D-NV), Bernie Sanders (I-VT), Brian Schatz (D-HI), Adam Schiff (D-CA), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Chris Van Hollen (D-MD), Mark Warner (D-VA), Raphael Warnock (D-GA), Elizabeth Warren (D-MA), Peter Welch (D-VT), and Ron Wyden (D-OR).
Full text of the letter follows:
Dear Secretary Noem, Secretary Rubio, and Acting Director Lyons:
We recently learned that your agencies have been revoking student visas and terminating Student Exchange and Visitor Information System (SEVIS) records across the country. These actions to end student status reflected an unannounced change in policy and were inconsistent with existing laws, regulations, policies, and agency guidance governing the maintenance and termination of student status—that is why we welcomed the news late last week that in response to litigation around the country, ICE has reversed these SEVIS terminations. We now urge you to undo other actions to end student status that are inconsistent with such laws, regulations, and agency guidance and ensure that all future actions to end student status fully comply with the law.
Foreign students must navigate a complicated mix of agencies to maintain their status. Under current regulations and policy, students who enter into the United States on an F-1 student visa or J-1 exchange visitor visa are admitted to the United States for “duration of status.” This essentially means that F-1 and J-1 visa holders may be in good standing as long as they comply with the terms and conditions of their status, even if their visa has expired. Students who enter on an M-1 visa for vocational education are admitted for a fixed time period to complete their course of study. The Office of Student Exchange and Visitor Programs (SEVP), within the Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE), works with universities and program administrators to determine whether F-1 and M-1 students are meeting requirements for their visas and terminate SEVIS records as appropriate under SEVP regulations. The Department of State (DOS) Bureau of Educational and Cultural Affairs administers the J-1 exchange visitor visa, but their records are maintained by SEVIS. Existing regulations and agency guidance inform students and other visa holders of how they might lose their student status, including that they cannot be convicted of serious crimes, cannot work unless authorized by DHS, and must be completing the education or program related to their visa. However, students across the country—who by all accounts appear to have followed all of the applicable laws and agency guidance—have reported visa revocations with no clear explanation as to the basis to terminate status. SEVP has completed at least 4,736 total terminations of student visa holders’ SEVIS records. By DHS’s own admission, the statute and regulations do not provide SEVP the authority to terminate nonimmigrant status by terminating a SEVIS record. Your decision to reverse such terminations is therefore prudent and required by law.
Current laws, regulations, and agency guidance also require notice to be provided when a student’s status is being terminated or revoked. Here, it is not clear that students were provided the notice required by law. Many students were notified by universities that they have lost their student status when their SEVIS records have been terminated, without being provided any information about potential reinstatement. Some students received emails that their visas were revoked and were directed to self-deport, with no clear information as to the basis for their revocation or means by which they can appeal the revocation. Some students only learned about losing status when arrested by masked federal agents. These reports suggest that students were not given notice of the termination of their status in a manner consistent with existing laws, regulations, and agency guidance.
Once a student’s visa is revoked, although their status is not automatically terminated, removal proceedings may be initiated against them, allowing them to be detained at the discretion of DHS. Similarly, when a student’s SEVIS record is terminated, the student is no longer in an authorized period of stay in the United States, and students and their universities cannot regularly maintain student records in SEVIS, as is required to maintain student status. In addition, upon SEVIS record termination, the student must depart the United States or take other action to restore legal status, and DHS “may investigate to confirm the departure of the student.”
Students who have entered through our legal immigration system and followed the law remain unsure of what, if any, steps they may take to maintain their status and safeguard themselves from immigration enforcement. While we are relieved that ICE has reversed these SEVIS terminations, we now urge you to undo other actions to end student status that are inconsistent with such laws, regulations, and agency guidance. Finally, we understand that you are contemplating additional actions to end student status. Any such changes must be consistent with applicable statutes, including requirements for notice with respect to changes that would deprive a student of their status and ability to live and study in the United States and place them at risk of detention.
We also request information to better understand how your departments are implementing any new, unannounced policies with respect to identifying students for status revocation. Please provide the following information by May 12, 2025:
1. Any guidance issued by DOS and/or DHS governing the revocations of nonimmigrant visas, issued from January 20, 2025 to date.
2. Any guidance issued by DOS and/or DHS governing how nonimmigrants are to be notified of visa revocations, issued from January 20, 2025 to date.
3. Any guidance issued by DOS and/or DHS governing the terminations of SEVIS records, issued from January 20, 2025 to April 25, 2025.
4. Any guidance issued by DOS and/or DHS governing how student visa holders are to be notified of SEVIS terminations, issued from January 20, 2025 to April 25, 2025.
5. Any guidance issued by DOS, DHS, and/or the Department of Justice governing the initiation of removal proceedings or immigration enforcement against student visa holders and other nonimmigrants, issued from January 20, 2025 to date.
6. Any guidance issued by DOS and/or DHS regarding the use of artificial intelligence to search national databases, criminal records, and social media to identify nonimmigrants for visa revocation or to otherwise end status, issued from January 20, 2025 to date.
7. The total number of student visas (F-1, M-1, or J-1 visas) that have been revoked since January 20, 2025 to date, disaggregated by:
a. Student’s country of origin;
b. Consulate or embassy that issued the visa;
c. Visa category/Optional Practical Training (OPT);
d. Date of revocation;
e. University of study;
f. Type of degree or field of study;
g. Notice provided;
h. Legal basis for revocation;
i. Any grace period to allow students to make travel or other arrangements; and
j. Whether the student’s SEVIS record was also terminated.
8. The total number of SEVIS record terminations that have been issued since January 20, 2025 to April 25, 2025, disaggregated by—
a. Student’s country of origin;
b. Visa category/Optional Practical Training (OPT);
c. Date of revocation;
d. University of study;
e. Type of degree or field of study;
f. Whether the termination was initiated by the university or by DHS;
g. Basis for termination;
h. Notice provided;
i. Any grace period to allow students to make travel or other arrangements; and
j. Whether the student’s visa was revoked.
9. The number of student visa holders on F-1, M-1, J-1 nonimmigrant status issued Form I862, Notice to Appear, initiating removal proceedings.
Thank you for your prompt attention to this critical matter.
Sincerely,
MIL OSI USA News –