Graduation now likely for college student with revoked visa, but later deportation still possible

The federal government has restored the student record of a doctoral candidate from India at South Dakota Mines in Rapid City, but the fight over her student visa continues. 

The record restoration from U.S. Immigration and Customs Enforcement means Priya Saxena could collect her degree at graduation on May 10.

But the revocation of her student visa means she could still be subject to deportation before her visa was originally scheduled to expire in February 2027. If deported, she would also lose the opportunity to apply for an extension to remain in the country after graduation and do work related to her degree.

The news of her record restoration came by way of a motion filed by ICE attorneys in Saxena’s federal lawsuit against ICE and the federal Homeland Security secretary, former South Dakota Gov. Kristi Noem. 

A dozen international students report visa cancellations in South Dakota

A little more than a week ago, U.S. District Judge Karen Schreier ordered the agency to restore Saxena’s student record.

The U.S. State Department issues and manages visas, but Immigration and Customs Enforcement maintains the student record system used by schools across the country to verify and manage international student eligibility. 

ICE terminated more than 1,000 international student records in that system in recent weeks, but reversed course over the weekend. The decision impacted cases across the country similar to Saxena’s.

In South Dakota, a dozen international student visas were impacted by the recent moves. Saxena’s name is the only one that’s appeared in the public sphere, thanks to her lawsuit.

The visa revocation for Saxena came after a “criminal records check,” according to documents filed in her lawsuit. Her only criminal conviction came in 2021, for the misdemeanor of failure to move over for flashing yellow lights.

In its filing Monday night in her case, ICE called Judge Schreier’s order to restore Saxena’s student record “moot,” because the agency had moved to restore terminated international student records across the U.S.

Saxena has asked for a preliminary injunction that would prevent deportation until the lawsuit is resolved. The federal government says a preliminary injunction is a bridge too far, arguing that district court judges don’t have the authority to interfere with visa status determinations. 

A hearing in the matter is set for May 13.