Judge sides with Rutgers international students who sued over revoked status

A federal judge said Thursday that federal immigration officials likely acted unlawfully when they terminated the records of five international Rutgers University students and one recent graduate.

The students — all from China or India — sued the federal government in April after their records in the Student and Exchange Visitor Information System, or SEVIS, were abruptly terminated, placing their academic and professional careers in jeopardy. The database hosts information colleges use to track students’ compliance with their immigration status, and deleting students’ records effectively ends their protected status and any benefits that come with it, like the ability to work.

U.S. District Court Judge Katharine S. Hayden on Thursday granted the students a preliminary injunction barring the government from enforcing or implementing any legal consequences as a result of the deleted records. Hayden’s order also requires the government to restore the records and give the students at least 20 days’ notice if the records are terminated again.

Her 33-page decision came after the two sides met in court in Newark Wednesday.

Attorneys for the students applauded the judge’s order, which they say will allow them to safely return to research, work, and their public lives. 

“The government not only failed to provide notice or explanation when it terminated our clients’ records, but then gave shifting rationale for doing so, underscoring how arbitrarily this administration is treating students,” said Molly Linhorst, a staff attorney for the American Civil Liberties Union of New Jersey. “But like all other people in the United States, regardless of immigration status, our clients are entitled to the Constitutional guarantee of due process of law.”

Since President Donald Trump took office in January, his administration has purged thousands of SEVIS records. Affected students had no ability to appeal the termination, and were told their visas had been revoked for “failing to maintain status.”

Two weeks ago, the Trump administration reversed course and reinstated students’ status following a flurry of lawsuits around the country. But the Rutgers students and graduate continued their legal challenge, contending that the notations left in their records would continue to cause them harm and serious legal consequences.

At least two of them already faced some fall-out — one student was fired after their status was terminated, and another lost their research assistant position, along with their annual $40,000 stipend. All of them expressed concerns that they still fear being picked up by federal agents, and that they’ll likely run out of money after losing employment. 

Hayden said the plaintiffs would likely succeed in their claim that U.S. Immigration and Customs Enforcement and the Department of Homeland Security violated administrative procedures when terminating the students’ records. She said the law requires agencies to make reasoned decisions and that “actions be set aside if they are arbitrary or capricious.” 

Hayden said the government supplied no reason for the termination of the students’ records, nor for their reinstatement. 

The Rutgers students, here on F-1 visas, said they were in good standing, compliant with the law, and had not been charged with any crimes. Some had minor or dismissed charges, like a driver’s license violation, which would not have jeopardized their protected status.  

“Plaintiffs’ visas were not revoked, so the remaining ground would be the criminal records check – but the so-called ‘criminal records’ of plaintiffs involved incidents that did not meet the requirements for termination of status under” the law, Hayden wrote. “Defendants do not contend otherwise.” 

In his second term, Trump has been executing his campaign promise to detain and deport immigrants, including those with legal status. U.S. Secretary of State Marco Rubio has also confirmed plans to revoke visas for students, particularly those who participate in pro-Palestinian protests on college campuses.

More than 23,000 international students attended New Jersey colleges in the 2023-24 school year, according to the Institute of International Education. New Jersey ranks 17th in the country for accepting international students, who spent nearly $1 billion last year, the group says.

Rutgers University officials did not immediately return a request for comment.