The U.S. government argues a lawsuit by Montana State University international students should be dismissed, citing resolution of the issue they feared could lead to deportation. The U.S. Attorney’s Office, in federal court, stated that the problem, which was widespread under a Trump-era policy, has been rectified. However, the ACLU of Montana contends that without a court order, the students remain at risk of future deportation due to potential policy shifts.
In Missoula’s U.S. District Court, lawyers debated the government’s request to dismiss the case, part of a national wave of lawsuits triggered by policies revoking international students’ visas. In May, Judge Dana Christensen barred the government from deporting the MSU students based on their federal record status, now under review by the Ninth Circuit Court of Appeals.
John Newman, representing the U.S. Attorney’s Office, argued the case is moot, as the Department of Homeland Security reversed its decision affecting 3,000 to 5,000 students nationwide. He claims the students no longer face harm since the government has no intention to pursue the same actions again.
In April 2025, MSU students John Roe and Jane Doe, from Iran and Turkey respectively, discovered their F-1 visa statuses were terminated. This impacted their ability to enroll in classes, work, and avoid deportation. The F-1 visa permits noncitizens to study in the U.S. and participate in related work opportunities after a year.
The lawsuit, filed against Homeland Security Secretary Kristi Noem and the acting ICE director, alleged unlawful record termination. Christensen issued a temporary restraining order, later extending it to prevent deportation. Despite the government’s policy reversal, ACLU lawyer Alex Rate insists a court order is necessary for student protection.
Rate highlighted that the government’s promise not to repeat the actions lacks firmness, leaving the students vulnerable without a court’s intervention. He emphasized the arbitrary nature of record termination decisions and the students’ need for legal certainty to continue their studies without fear.
The case underscores the broader issue of international students facing precarious situations due to shifting immigration policies. The MSU students’ circumstances highlight the importance of consistent legal protections to ensure their academic pursuits are not jeopardized by policy changes.
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