By Brian Figeroux, Esq.
In 2025, the abrupt revocation of F-1 student visas and termination of SEVIS (Student and Exchange Visitor Information System) records has left over 1,100 international students in legal limbo, stirring widespread concern among immigrants, educational institutions, and advocates for due process. This article analyzes the legal implications, procedural challenges, and potential remedies stemming from this mass termination wave.
- Overview of the Crisis
The revocation of student visas and termination of SEVIS records is reportedly linked to minimal or even dismissed criminal interactions, including arrests with no formal charges filed. Students are not being notified directly; instead, notifications come from their Designated School Officials (DSOs), who often discover the termination only after the fact. As a result, students are unknowingly rendered “out of status,” which bars them from employment authorization (CPT, OPT), prevents lawful status change (e.g., to H-1B), and obstructs immigration benefits like green card eligibility.
- Due Process and Procedural Fairness
A fundamental tenet of U.S. law, due process, requires the government to notify individuals and provide an opportunity to respond before taking adverse action. In Mathews v. Eldridge, 424 U.S. 319 (1976), the Supreme Court emphasized the balancing test that considers the private interest affected, the risk of erroneous deprivation, and the government’s interest. Terminating a student’s SEVIS record without notice or hearing likely fails this test, particularly where no misconduct is evident.
- Legal Consequences of SEVIS Termination
Once a SEVIS record is terminated, the student becomes unlawfully present unless they depart or successfully reinstate status. Unlawful presence can trigger bars to reentry (3- and 10-year bars under INA §212(a)(9)(B)). Moreover, since systems like SAVE and E-Verify pull from SEVIS, students face denial of driver’s licenses and job eligibility, even if they are nearing graduation.
- Strategic Options for Students
Students are advised not to leave the U.S. immediately, particularly near the semester’s end, as reentry may be denied without a new visa. Instead, the following steps are prudent:
- Consult with an Immigration Attorney: Especially critical for those with prior arrests or encounters with law enforcement. Documentation, like a docket sheet, is essential to rebut any accusations of misrepresentation.
- Avoid Unauthorized Employment: CPT and OPT eligibility is void upon SEVIS termination, and working without authorization can jeopardize future immigration relief.
- Reinstatement Petitions: Although legally permissible under 8 C.F.R. § 214.2(f)(16), success rates are low and processing times are lengthy.
- Litigation and Advocacy: With emerging First Amendment litigation related to retaliatory terminations following campus protests, students may find collective legal action more impactful than individual suits.
- Broader Implications and Recommendations
This crackdown may be part of a broader enforcement trend under evolving immigration policies. Advocates and universities must press for systemic reforms, including mandatory notice before SEVIS terminations and the creation of an administrative appeal process. Colleges should also provide legal resources or referrals for affected students.
Conclusion
The termination of SEVIS records and visa revocations without proper notice or cause undermines students’ rights and tarnishes the U.S.’s reputation as a global education leader. In 2025, defending due process and ensuring legal support for international students is not only a legal obligation—it is a moral imperative. Institutions and advocates must act swiftly and strategically to protect the rights and futures of these students.