US Can Now Deport Students Without Trial—New ICE Rule Sparks Panic

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United States: The US federal apparatus has broadened its justifications for nullifying the legal foothold of international students, deepening the reach of a sweeping enforcement wave launched under the Trump-era directive. This intensification has stoked widespread apprehension among foreign scholars, many of whom now fear abrupt expulsion.

Legal advocates assert the newly minted criteria expedite deportation proceedings, effectively retrofitting the rationale for prior revocations of study rights that took place earlier this year. Numerous students left suddenly stateless with minimal clarification retaliated through the judiciary, prompting federal judges to initially rule that due process had been sidestepped.

The government responded with a policy shift. A confidential Immigration and Customs Enforcement (ICE) memorandum filed in court disclosed that visa annulments can now independently justify the removal of student status—an authority not previously exercised to such an extent, according to AP News.

Historically, visa revocation did not equate to immediate departure; students could stay enrolled and remain within US borders, although they could not reenter if they departed. 

“This maneuver gifts them unchecked liberty,” voiced immigration counsel Brad Banias, who represents a student entangled in the crackdown. “They can simply revoke a visa and eject a student without legal wrongdoing.” His client, flagged for a prior traffic citation, appeared in a law enforcement system accessed by ICE during these expanded checks.

Banias emphasized the transformation of ICE’s powers—previous guidelines didn’t equate visa rescindment with immigration ineligibility. Now, the agency is equipped with far-reaching discretion.

Over recent weeks, overseas students discovered their records had vanished from SEVIS, a centralized ICE database cataloging legitimate academic participants. Panic ensued. Some went underground; others terminated their US ambitions altogether.

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As legal pressure mounted, federal authorities briefly reinstated legal status for affected students while drafting a more durable framework. That structure came to light shortly thereafter during another courtroom deliberation, as per AP News.

Attorney Charles Kuck, representing 133 affected individuals, stated the new guidelines allow revocation if a student’s identity surfaces within law enforcement or fingerprint repositories, even under tenuous conditions. “It’s a retroactive bandage,” Kuck said. “They’re whitewashing improper actions by making them retroactively permissible.”

Several students caught in the crosshairs cited minor blemishes—many couldn’t even discern the supposed trigger for their targeting.

In the case of Akshar Patel, a tech student in Texas who briefly lost and then regained status, the Department of Homeland Security (DHS) clarified their actions. Patel’s name arose from a sweep of the FBI-managed National Crime Information Center (NCIC), which aggregates arrest logs, suspect profiles, and even data on dropped charges.

Roughly 6,400 names, including Patel’s, were pulled from the NCIC. His involvement: a dismissed 2018 reckless driving accusation. Patel was part of a subset of 734 students whose names were funneled to DHS, which, within a day, instructed mass termination in SEVIS—no individualized scrutiny.

US District Judge Ana Reyes, presiding over Patel’s hearing, highlighted the haste, stating, “No one paused to understand why these names were there.” Her criticism: “a glaring indifference to the humanity of those who lawfully entered this country.”

Compounding the chaos, the State Department began canceling entry visas—sometimes as retaliation for students linked to pro-Palestinian demonstrations. Secretary of State Marco Rubio admitted that not all cancellations were protest-related; some were preemptive measures based on potential misconduct, according to AP News.

“My baseline: If we had this intel before issuance, would we have granted the visa?” Rubio posited. “If not, it’s grounds for revocation.”

Previously, revoked visas didn’t force students to depart. Rubio introduced a stricter vision: “Visa expired? Visa revoked? You must exit. No entitlement exists to a student visa.”

The initial crackdown stunned colleges, which had long understood that status updates came only after schools officially notified authorities of a student’s academic withdrawal. This spring, some institutions acted preemptively—urging students to cease coursework and cautioning of impending deportation.

Government lawyers later claimed that the SEVIS deletions didn’t mean status had been lost, even though students were tagged as failing to uphold legal standing. Officials said it was simply an “investigative marker.”

Andre Watson of DHS affirmed in court, “Patel remains lawfully within US borders. He isn’t under imminent removal threat,” as per AP News.

Judge Reyes opted not to issue a temporary injunction but urged both parties to forge a compromise that would secure Patel’s residency in the interim.

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