Recently, several Chinese students studying in the United States have had their student status (SEVIS) and F-1 visas revoked by the U.S. Department of Homeland Security, with some even losing their legal status without prior notice, facing the predicament of being unable to continue their studies and forced to leave the country. In response, four Chinese students filed a lawsuit on April 11 against the federal court in the Northern District of California, accusing the relevant government departments of acting illegally and demanding the restoration of their student visas.

According to multiple media reports including New India Abroad, the four plaintiffs are:

Zhuoer Chen, who is pursuing a master's degree in architecture at the University of California, Berkeley, and is set to graduate next month; Mengcheng Yu, a master’s student in educational technology at Carnegie Mellon University; Jiarong Ouyang, a doctoral student in statistics at the University of Cincinnati; and Gexi Guo, a graduate of the Master's program in Applied Analytics from Columbia University.

The backgrounds of the four students are as follows: Zhuoer Chen is currently enrolled in a master’s program in architecture at the University of California, Berkeley, and will graduate in May 2025. She previously studied civil engineering at the University of Southern California, and has been studying in the U.S. since 2017. She was briefly detained due to a dispute with a friend but was not charged. On April 8, 2025, she received a notice of SEVIS status termination without any prior explanation or opportunity for appeal; Mengcheng Yu is currently studying for a master’s degree in educational technology at Carnegie Mellon University, expected to graduate in August 2025. She has been studying in the U.S. since the age of 16, having attended Bard College and New York University. She has no history of misconduct but was also included in this termination action; Jiarong Ouyang, a doctoral student in statistics at the University of Cincinnati, legally resides in Cincinnati, Ohio. In 2019, he was taken into police custody due to family disputes, but the charges were later dropped. His visa was once revoked but restored after being approved by USCIS under F-2 status. Now, he faces another termination of his status, posing significant threats to his education and career prospects; Gexi Guo, a graduate of the Master's program in Applied Analytics from Columbia University, obtained his degree in December 2022 and currently legally resides in New York City. He has no history of misconduct but lost his student status without prior notification.

In their complaint, the students stated that in April this year, the U.S. Immigration and Customs Enforcement (ICE) suddenly terminated their SEVIS status without prior notice or a hearing, causing their F-1 visas to become invalid.

The four students emphasized in their complaint that they have never been convicted in court nor participated in any actions endangering national security or public safety. Some were briefly detained due to personal disputes, but the charges were either dismissed or not prosecuted, while the remaining students have no record of misconduct.

The defendants in this case are Kristi Noem, Secretary of the U.S. Department of Homeland Security, and Todd Lyons, Acting Director of ICE. The plaintiffs pointed out that these actions violate the Administrative Procedure Act (APA), the right to due process and equal protection guaranteed by the Fifth Amendment of the U.S. Constitution, and deviate from long-standing practices regarding international students.

They noted that the actions of ICE seriously violate the provisions of 8 C.F.R. § 214.1(d) and contradict its own policy guidelines (such as ICE Policy Guidance 1004-04), which clearly states that visa revocation does not necessarily mean SEVIS status must be terminated.

The four individuals stated that they have consistently complied with U.S. immigration laws, performed well academically, and if involved in law enforcement procedures, the related charges have been dismissed, so they should not be considered as having a record of misconduct. This series of termination actions severely infringes upon their rights to due legal process.

In addition, the plaintiffs alleged that DHS and ICE did not provide any appeal process, nor informed the students why they were targeted, nor provided any evidence explaining the reasons for the termination of their status. This "lack of procedure" seriously infringes upon the basic rights of the students.

The four students requested the court in their complaint:

  • To declare ICE's termination actions illegal;
  • To immediately restore the plaintiffs' lawful student status;
  • To issue an injunction to prevent similar status terminations from continuing;
  • To prevent irreversible harm to the plaintiffs' education, careers, and immigration status.

Meanwhile, a Chinese graduate student at the University of Southern California recently discovered that his I-20 document had been revoked, rendering his student visa invalid and preventing him from attending classes. The student, known only as Xiao Yang, recalled that last year he had a verbal argument with his girlfriend in their apartment. During the altercation, due to speaking loudly in Chinese and minor shoving, neighbors mistakenly believed it was domestic violence and called the police. Although no charges were filed, the arrest record left a negative mark in the system, triggering the visa revocation process.

According to Xiao Yang, he never received formal notification of the termination of his I-20, and only learned of the invalidation of his status when he was informed earlier this year by the school that he could no longer attend classes. Upon checking the system, he confirmed that his SEVIS status had been canceled, leaving him at risk of potential deportation.

The case is still under trial, and the plaintiffs request the court to issue an injunction to suspend the execution of the revocation order and restore their lawful student status to protect their academic, career development, and legal residency rights.

Previously, Senator Marco Rubio of Florida publicly stated that the U.S. has revoked more than 300 foreign student visas recently, emphasizing that "visas are privileges, not rights."

Analysts pointed out that the scrutiny of international students' identities is becoming stricter, and any record of involvement with the law, even if not convicted, may trigger identity termination.

Linking visa policies to national security risks has made the group of international students a "secondary victim" of high-pressure policies.

These cases have now been accepted by local federal courts, and whether they can promote reform of immigration enforcement procedures has drawn widespread attention.

Original article: https://www.toutiao.com/article/7494022539274879523/

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