Four international students from the University of Texas-Rio Grande Valley have initiated legal action against the Department of Homeland Security. The lawsuit claims that the department’s recent actions to terminate the students’ legal immigration status, based on resolved minor criminal cases, are unlawful and intended to pressure them into voluntarily departing the United States. The students involved are two doctoral candidates in physics, Hugo Adrian Villar Castellanos from Mexico and Shishir Timilsena from Nepal; a doctoral candidate in finance, Amir Gholami from Iran; and Julio Dylan Sanchez Wong, an undergraduate studying computer science from Mexico. These students are among more than 1,000 nationwide whose statuses have recently been marked as terminated by Immigration and Customs Enforcement in the Student and Exchange Visitor Information System, known as SEVIS.
Immigration attorneys highlight that a termination in SEVIS can have a more immediate and challenging impact than a visa revocation, affecting students’ employment eligibility and rendering the appeal process more difficult. If ICE deems a student deportable due to a criminal record or revoked visa, it can initiate removal proceedings in immigration court. However, the lawsuit argues that ICE should not misuse SEVIS to bypass legal procedures and strip students of their status.
Emails between April 7-10 informed the students that their legal status had been marked as terminated in SEVIS, leading to job terminations at the university where they worked. All four students have had past interactions with law enforcement. Castellanos received a misdemeanor ticket for public intoxication in 2020 and paid a fine for failing to yield in 2024. Timilsena faced a dismissed charge related to causing bodily injury. Gholami is charged with interfering with emergency calls but remains unconvicted. Wong’s DUI conviction was dismissed following a diversion program. The lawsuit contends that these incidents do not justify SEVIS removals and seeks a judicial order to restore the students’ legal status.
International students at universities in Michigan and Georgia have also filed lawsuits against the federal government concerning SEVIS removals. In Michigan, an official acknowledged that DHS lacks legal authority to terminate student status, a responsibility of the Department of State, and that SEVIS termination doesn’t imply visa termination.
Context and Clarity
The implications of this legal action extend beyond the immediate fate of the four students involved. For international students across the U.S., this case underscores the vulnerability of their legal standing due to administrative actions. The outcome could establish precedent for how minor legal infractions are treated concerning student visas and SEVIS status, potentially impacting employment opportunities and academic continuity.
For universities, these developments highlight the critical nature of maintaining transparent communication and support systems for international students. Institutions may need to reassess their role in advocacy and legal guidance to protect the educational and professional pursuits of their international student body. Furthermore, this case could prompt policy reviews within federal agencies concerning the handling of student visas and the SEVIS database, influencing future administrative practices and legal frameworks.