In recent weeks, U.S. Immigration and Customs Enforcement (ICE), an agency within the U.S. Department of Homeland Security (DHS), abruptly and unlawfully terminated Student and Exchange Visitor Information Systems (SEVIS) records for thousands of students and recent graduates in an attempt by the Trump administration to strip foreign students of their ability to remain lawfully in the United States and complete their studies and practical training employment. Many of the students who had their SEVIS records unlawfully terminated were also notified by the U.S. Department of State (DOS) that their visas had been revoked and that they had to voluntarily depart the United States or face the risk of being arrested and incarcerated in an immigration jail. ICE’s arbitrary policy appears to have focused primarily on African, Arab, Middle Eastern, Muslim, and Asian students. Without an active SEVIS record, affected students have been unable to work or attend school. Some students have been detained as a result of the SEVIS terminations, and others have left the country in fear of being detained. Overall, the terminations have caused chaos and disruption for students and universities across the country.

Van Der Hout brought three lawsuits challenging these SEVIS terminations and seeking Temporary Restraining Orders (TROs) to prevent these unlawful terminations from having any legal effect. These cases have been consolidated in the Northern District of California before the Honorable Jeffrey S. White under the lead case Doe v. Trump et al. (4:25-cv-03140-JSW). On Friday April 25, 2025, Van Der Hout partners Johnny Sinodis and Marc Van Der Hout argued for plaintiff students at a hearing on the plaintiffs’ motions for a TRO. Judge White granted the motion and extended TROs protecting the student plaintiffs in each case through May 15, meaning the students can return to school or work.

At the hearing, counsel for the government announced that ICE intended to reactivate the SEVIS records of all affected students as it considers a new policy for SEVIS terminations going forward. However, ICE has provided no assurance that the agency will not arbitrarily terminate students’ SEVIS statuses again in the future. Furthermore, it remains unclear whether the unlawful terminations will have any effect on the ability of students to secure immigration benefits in the future. Litigation remains ongoing. The next hearing is scheduled for May 13, 2025, to discuss whether the court will grant longer-term relief—potentially on a nationwide basis—in the form of a preliminary injunction while the litigation proceeds. Van Der Hout will continue to advocate zealously for foreign students to ensure they receive due process and to secure all appropriate relief through the courts.