THE LEGAL COLLAPSE OF ICE'S SEVIS TERMINATIONS: DUE PROCESS VIOLATIONS, ADMINISTRATIVE OVERREACH, AND THE RESTORATION OF INTERNATIONAL STUDENTS' RIGHTS

ICE is reversing termination of legal status for international students around US International students regain legal status as ICE restores SEVIS records after lawsuits

By JANIE HAR and KATE BRUMBACK SAN FRANCISCO

Apr 25, 2025 05:24 PM

The federal government is reversing the termination of legal status for international students after many filed court challenges around the United States, a government lawyer said Friday. Judges around the country had already issued temporary orders restoring the students' records in a federal database of international students maintained by U.S. Immigration and Customs Enforcement, or ICE. The records had been suddenly terminated in recent weeks, often without the students or their schools being notified. A lawyer for the government read a statement in federal court in Oakland that said ICE was manually restoring the student status for people whose records were terminated in recent weeks. A similar statement was read by a government attorney in a separate case in Washington on Friday, said lawyer Brian Green, who represents the plaintiff in that case. Green provided The Associated Press with a copy of the statement that the government lawyer emailed to him. It says: “ICE is developing a policy that will provide a framework for SEVIS record terminations. Until such a policy is issued, the SEVIS records for plaintiff(s) in this case (and other similarly situated plaintiffs) will remain Active or shall be re-activated if not currently active and ICE will not modify the record solely based on the NCIC finding that resulted in the recent SEVIS record termination." Green said that the government lawyer said it would apply to all students in the same situation, not just those who had filed lawsuits. SEVIS is the Student and Exchange Visitor Information Systems database that tracks international students' compliance with their visa status. NCIC is the National Crime Information Center, which is maintained by the FBI. Many of the students whose records were terminated were told that their status was terminated as a result of a criminal records check or that their visa had been revoked. International students and their schools were caught off guard by the terminations of the students' records. Many of the terminations were discovered when school officials were doing routine checks of the international student database or when they checked specifically after hearing about other terminations. The federal government is reversing the termination of legal status for international students after many filed court challenges around the United States, a government lawyer said Friday.Judges around the country had already issued temporary orders restoring the students' records in a federal database of international students maintained by U.S. Immigration and Customs Enforcement, or ICE. The records had been suddenly terminated in recent weeks, often without the students or their schools being notified.A lawyer for the government read a statement in federal court in Oakland that said ICE was manually restoring the student status for people whose records were terminated in recent weeks. A similar statement was read by a government attorney in a separate case in Washington on Friday, said lawyer Brian Green, who represents the plaintiff in that case. Green provided The Associated Press with a copy of the statement that the government lawyer emailed to him.It says: “ICE is developing a policy that will provide a framework for SEVIS record terminations. Until such a policy is issued, the SEVIS records for plaintiff(s) in this case (and other similarly situated plaintiffs) will remain Active or shall be re-activated if not currently active and ICE will not modify the record solely based on the NCIC finding that resulted in the recent SEVIS record termination."Green said that the government lawyer said it would apply to all students in the same situation, not just those who had filed lawsuits.SEVIS is the Student and Exchange Visitor Information Systems database that tracks international students' compliance with their visa status. NCIC is the National Crime Information Center, which is maintained by the FBI. Many of the students whose records were terminated were told that their status was terminated as a result of a criminal records check or that their visa had been revoked.International students and their schools were caught off guard by the terminations of the students' records. Many of the terminations were discovered when school officials were doing routine checks of the international student database or when they checked specifically after hearing about other terminations.

LEGAL BREAKDOWN: ICE REVERSAL ON SEVIS TERMINATIONS FOR INTERNATIONAL STUDENTS

The Department of Homeland Security (DHS), through U.S. Immigration and Customs Enforcement (ICE), has reversed recent terminations of international student visa records in the SEVIS (Student and Exchange Visitor Information System) database, following multiple legal challenges. This abrupt reversal carries significant legal implications, both in terms of administrative process and constitutional protections.

Lack of Due Process

The initial terminations appear to have occurred without prior notice or opportunity to respond, violating principles of procedural due process under the Fifth Amendment. International students, while not U.S. citizens, are still afforded due process when the federal government takes action that could lead to deportation, visa revocation, or the loss of lawful presence. Courts have consistently held that notice and an opportunity to be heard are required before such adverse immigration actions (see Mathews v. Eldridge, 424 U.S. 319 (1976); Yamataya v. Fisher, 189 U.S. 86 (1903)).

Administrative Procedure Act (APA) Violations

By terminating SEVIS records en masse and without individualized assessments or a publicly articulated rule, ICE likely violated the Administrative Procedure Act (5 U.S.C. § 706). The APA requires that agencies act in a reasoned, non-arbitrary manner and that policy changes impacting rights or benefits be announced through proper rulemaking. The ad hoc use of FBI’s NCIC database results—without a formal policy or framework—further undermines the legal basis for the terminations.

NCIC Misuse and Overreach

The use of NCIC records (a database maintained by the FBI for criminal justice purposes) as a basis to automatically terminate student records may also be unlawful. NCIC is primarily designed for law enforcement use, not immigration enforcement without further individualized adjudication. Moreover, many NCIC entries are preliminary, unverified, or incomplete and not meant to serve as the sole basis for adverse administrative actions without confirmation or further process.

SEVIS and F-1 Visa Oversight

SEVIS is an ICE-managed compliance database under the Department of Homeland Security, required by law (post-9/11 legislation including the USA PATRIOT Act and the Enhanced Border Security and Visa Entry Reform Act of 2002). While ICE has broad discretion to monitor compliance with F-1 visa regulations, it does not have unchecked authority to terminate status absent regulatory violations. Termination based solely on external data like NCIC records, without underlying immigration status infractions or legal proceedings, lacks statutory support and could be interpreted as an ultra vires (beyond authority) action.

Impact of Federal Litigation and TROs

The fact that multiple judges issued temporary restraining orders (TROs) and preliminary injunctions to restore records suggests the courts found the plaintiffs had a likelihood of success on the merits, suffered irreparable harm, and that ICE’s conduct lacked sufficient legal justification. The nationwide relief and blanket reversal indicate that ICE recognized legal exposure to a broader class action or multiple coordinated lawsuits.

ICE's Reversal and Legal Exposure

ICE’s reversal, including the statement that SEVIS records “will remain active or shall be re-activated,” and that it “will not modify the record solely based on the NCIC finding,” is a tacit admission that the prior terminations lacked a lawful foundation. It also implies a forthcoming formal policy, which is an attempt to comply belatedly with APA requirements for rulemaking and to insulate the agency from future liability.

Conclusion

ICE’s blanket terminations of legal status based on NCIC data, without individualized review, public policy guidance, or due process protections, likely violates the APA, constitutional due process, and the agency’s own SEVIS procedures. The rapid legal backlash and court interventions forced the government to walk back the action and commit to developing a formal policy. While the reversal provides relief to impacted students, it exposes a deep systemic failure in how DHS currently handles immigration status monitoring—one that now awaits judicial and congressional scrutiny.