The immigration and customs application has indicated that a person’s legal status could begin to end due to the visa revocation.
An internal memorandum for all personnel of the Student and Exchange Visitors Program, which is under ICE, shows an enlarged list of criteria for ICE to finish the legal status of students born abroad in the United States, including a “revocation of visas of the United States Department of State (from immediately).” He was filed Monday night and dated April 26.
Previously, there were a variety of reasons for students to lose legal status, even if they stop attending school, they lose labor authorization or commit certain crimes. But, in general, students would be entitled to due process before the legal status is over, lawyers say. Now, according to the memorandum, the revocation of visas itself is a reason for the termination of the State.
The note shows the expansion of the power for ice. Houston, Texas, Steven Brown’s headquarters, said the new policy “against at least 15 years of Sevp”, which refers to the student and exchanges visitors program, which is under ICE.
“Historically, the State Department has revoked visas for many reasons,” Brown said. “But it does not affect its non -immigrant state in the United States. It’s only now that they are trying to do that part of it.”
The development occurs after the Trump administration announced Friday at an audience that the legal states of international students who had their records in recent weeks would be restored. Meanwhile, the Trump administration said ICE would prepare a new policy that “will provide a framework for the termination of the State Registry.”
According to the memorandum, Sevis records can now be ended for several reasons, from “unemployment time exceeded” to “violation of state change requirements.”
“When SEVP has objective evidence that a non -immigrant visa headline no longer meets the terms of its non -immigrant status for any reason, then the Sevis record can be ended on that basis,” said the memorandum.
Using your discretion, ICE can also carry out more research or initiate elimination procedures based on that evidence.
The memorandum affirmed an existing rule that the State Department can “at any time, to its discretion, revoke the visa of a foreigner.”
“When the state revokes the visa of a foreigner with immediate effect, the ice should take measures to initiate the elimination procedures,” said the memorandum. “If the state revokes an effective non -immigrant visa, the SEVP can rescind the non -immigrant sevis record based on the revocation of the visa with immediate effect.”
The note stressed that the document cannot be used as a substitute for applicable legal requirements.
“It is not intended to do so, and you cannot trust that you create any right or benefit, substantive or appropriate, required anywhere anywhere administrative, civil or criminal,” said the memorandum.
In March, the Trump administration began to revoke the visas of thousands of international students in addition to their records and legal status. Critics said the administration seemed to be pointing to those who have participated in political activism or have had previous positions, such as DUI.
After many successful legal challenges for endings in the United States, many international students began to discover that their records were abruptly restored last week, they said lawyers and immigration universities. Reincorporations occurred with little or not explanation, lawyers said. And as of Tuesday, several universities, including the University of Northeastern, Harvard University and the University of Connecticut, reported that all students affected by the endings had their restored states.
Jath Shao, an immigration lawyer based in Cleveland who represented several international students affected by visa revocations, said the new policy presents a new set of challenges for students.
“ICE has now done its homework and has issued this memorandum to give the power that the judges just told them they didn’t have,” Shao said. “Students must be worried that even minor problems may have serious consequences and should consult a lawyer if there is anything to worry about.”
