Trump Admin Pauses Termination of Visas for Foreign Students Flagged in Crime Databases
The Trump administration has decided to pause the termination of visas for foreign students flagged in crime databases, a move that comes after significant backlash and legal challenges.
The policy change was announced on Friday during a federal court hearing in Washington, DC.
Justice Department attorney Joseph Carilli confirmed that the shift is temporary, allowing Immigration and Customs Enforcement (ICE) more time to develop a new approach for identifying foreign students who could face deportation due to criminal activity.
Until a new policy is implemented, no foreign student’s visa will be canceled “solely based” on information from the National Crime Information Center, Carilli stated in a written statement presented in court.
This announcement comes after the administration faced growing pressure to reconsider its aggressive stance on visa terminations, particularly regarding students with minor criminal offenses, such as traffic violations or offenses that were later dismissed.
The policy reversal affects hundreds of foreign students who previously had their visas revoked for offenses that did not involve serious criminal activity, per the New York Post.
Many of these students had their visas reinstated, with Carilli confirming that their records would be reactivated.
However, ICE will continue to pursue deportation for students who engage in more serious unlawful behavior, including those involved in anti-Israel activism or who advocate for U.S.-designated terrorist organizations.
The announcement follows a significant number of legal challenges, with over 1,500 foreign students being initially subjected to visa cancellations.
Many of these students filed lawsuits, arguing that they had not been convicted of violent crimes and, therefore, should not have had their visas revoked.
The American Immigration Lawyers Association (AILA) reported that since Trump’s administration began, over 4,700 records had been removed from ICE’s Student and Exchange Visitor Information System (SEVIS).
While the administration’s stance on foreign students with criminal backgrounds has been softened, ICE retains the authority to terminate a SEVIS record for other violations, including failure to maintain nonimmigrant status or involvement in unlawful activity that could lead to deportation under the Immigration and Nationality Act.
The administration has also emphasized its commitment to removing foreign nationals who pose a national security threat, particularly those who endorse terrorist organizations or engage in activities that threaten U.S. interests.
Secretary of State Marco Rubio has reiterated that there will be “zero tolerance” for foreign students or visitors involved in such activities, and all those who advocate for terrorist groups or pose a security threat will be deported.
This includes individuals like Mahmoud Khalil, a graduate student from Columbia University who led anti-Israel protests and was endorsed by Hamas.
Despite the pause in visa terminations, the policy remains contentious, with federal judges recently issuing restraining orders against the pilot program after dozens of lawsuits.
The Justice Department’s decision to backtrack indicates that the government may have overstepped in its initial efforts to crack down on foreign students with even minor criminal histories.
Representatives from ICE, the State Department, and the DOJ did not immediately respond to requests for comment on the policy reversal.
As of now, there are roughly 1.1 million F-1 visa holders in the U.S., with many uncertain about their future status under the revised policy.
This shift highlights the tension between national security concerns and the rights of foreign students to study in the U.S., particularly when minor infractions are involved.
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