On January 26, a federal judge allowed a lawsuit by two Montana State University students to move forward after their visas were temporarily revoked under the Trump-era “student criminal alien initiative.” The students, both from Turkey and Iran, were identified as John Roe and Jane Doe in the legal filing they made last year. They were pursuing advanced degrees when MSU discovered their F-1 visas had been revoked.
The American Civil Liberties Union, representing them, filed a lawsuit against Homeland Security Secretary Kristi Noem, arguing that the students were compliant with their visa requirements and lacked explanation for the visa revocation. Days after the legal action, Dana Christensen, a federal judge in Missoula, prevented DHS from revoking the visas. DHS later sought to dismiss the case, declaring the issue moot due to policy changes and the reinstatement of the visas. The students challenged this, fearing future arbitrary revocations.
In a 15-page opinion, Judge Christensen sided with the students, noting ambiguity in DHS’ updated policy and potential for repeated conduct. Alex Rate, ACLU attorney, explained to the Helena Independent Record that the ruling permits plaintiffs to question immigration officials.
The Doe v. Noem case is among at least 65 suits against the federal move to revoke international students’ visas, as reported by Inside Higher Ed. Courts have blocked revocations in over half of these cases, according to their April report.
Disclosure: MSU president Brock Tessman is married to former MTFP deputy director and current part-time MTFP contractor Kristin Tessman. MTFP business staff do not have input into editorial coverage.
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