International Students Challenge DHS Over Immigration Status Termination
In a legal dispute that highlights concerns over immigration policies, four international students enrolled at the University of Texas-Rio Grande Valley (UT-RGV) have initiated a lawsuit against the Department of Homeland Security (DHS). The students allege that the recent termination of their legal immigration status, stemming from minor criminal charges that have been resolved, is unlawful and aims to pressure them into leaving the United States voluntarily.
Details of the Lawsuit
The plaintiffs include:
- Hugo Adrian Villar Castellanos (Mexico) – Doctoral student in Physics
- Shishir Timilsena (Nepal) – Doctoral student in Physics
- Amir Gholami (Iran) – Doctoral student in Finance
- Julio Dylan Sanchez Wong (Mexico) – Undergraduate student in Computer Science
These students are part of a larger group of over 1,000 international students whose immigration status has been marked as terminated in the Student and Exchange Visitor Information System (SEVIS) by Immigration and Customs Enforcement (ICE) in recent weeks.
Consequences of SEVIS Termination
Legal experts assert that a termination in the SEVIS database has more immediate repercussions compared to a visa revocation. While a revoked visa may prevent re-entry into the U.S., a SEVIS termination can lead to employment eligibility issues and is notably harder to contest.
Statements from Legal Representation
The attorney representing the students, Marlene Dougherty, emphasized the illegality of how the DHS has utilized SEVIS in this context. “If ICE believes a student is deportable for having a criminal record or a revoked visa, it has the authority to initiate removal proceedings and make its case in immigration court,” Dougherty stated in the lawsuit filed in federal court. She continued, “It cannot, however, misuse SEVIS to circumvent the law, strip students of their status and drive them out of the country without process.”
Background of the Criminal Charges
All four students have had prior encounters with law enforcement:
- Castellanos: Received a class C misdemeanor for public intoxication in 2020 and paid a fine related to a traffic violation in 2024.
- Timilsena: Charged in 2024 with a class A misdemeanor related to causing bodily injury; the case was dismissed.
- Gholami: Charged in October with a class A misdemeanor for interfering with an emergency call; he remains unconvicted.
- Wong: Convicted of driving while intoxicated, the conviction was dismissed following the successful completion of a pre-trial diversion program.
Legal Claims and Proceedings
Dougherty contends that the DHS’s actions are unjustified and violate the Administrative Procedure Act by arbitrarily terminating these students’ legal status in SEVIS. She is seeking a judicial order to restore their immigration status. “All of the plaintiffs are valued by their university, which desires for them to continue to be enrolled in school. However, the plaintiffs’ ability to do so is in jeopardy,” she articulated in the lawsuit.
Broader Context of Similar Cases
Recent reports reveal that international students in states like Michigan and Georgia have filed similar lawsuits against the federal government for what they describe as unlawful removals from the SEVIS database. In a notable Michigan case, a federal representative acknowledged that the DHS lacks the authority to terminate a student’s immigration status, which is the responsibility of the Department of State.
This case underscores the complexities and challenges international students face concerning immigration policies in the U.S.