The ice memo that allows visa-based sevis termination comes under fire as the class-action suit gives immediate relief

Around 351 international students, many of whom are Indians, have filed a second-propelled class action suit, which besides the end of illegal service and more Visa The rebellion also challenges the memorandum issued by immigration and customs enforcement (snow) At the end of the service.
According to the new memo, covered by Toi in its edition of May 1 You. S. State department (DOS), who is not subject to the challenge of the court, may be a basis for an international student’s ‘student and exchange visitor information system’ (sevis) to eliminate records.
Also read: Sevis termination restored international students at risk again after new ice memo on termination
Typically, F -1 visa holder (international students undergoing academic studies) are allowed to live in the US for the period of their educational program and an additional 60 -day grace period. However, if a student’s sevis record is abolished, this grace period no longer applies, potentially requires immediate loss of legal status and US departure.
Depending on the memorandum, students will be left in an uncertain position as a result of the termination of sevis from the dismissal of the F -1 visa. “A visa cancellation, legally, should not affect the immigration status of a student in the US, yet such a disarray will be treated in such a way that the status of the student should be termed in such a way that the ability to do the work, to study, study, and to change the status of immigration within the US (to work from the student visa).
Greg SischindOne of the lawyers involved in the case stated that “Dos Phantom could cancel the visa for reasons, with no proper procedure as to why cancellation occurred. Trump administration Counting the argument that DOS has not decided anything, a court is reviewed. ,
It is the first lawsuit to be filed against Marco Rubio, in its capacity, as the state’s secretary department (DOS), in addition to the Acting Director of ICE and Secretary, DHS. The previous cases have only covered snow and DHS.
In a complaint of his trial filed in an American district court (Northern district of Georgia), the plaintiff (351 international students who went ahead with the lawsuit) states that the Ice-Memo forms a legislative rule that was illegally reported illegally without following the required notice-end-comment process under the Administrative Procedure Act (APA). The memorandum allegedly introduced a new policy, which allows the termination of Sevis records in the event of visa cancellation, which is inconsistent with the current rules and represents a huge change in the long -standing policy of ICE.
He says that his Sevis record between 4,000 and 8,000 students across the US was abolished by a bureau of the Department of Homeland Security (DHS) illegally. These termination was done by automated systems, without proper legal authority or procedural fixed procedure, and a few weeks before major academic milestones such as semester-end or graduation.
The ICE had a lack of statutory or regulatory authority to begin such a termination under the applied rules, which allows only three narrow and termination in specific cases, that is, a previous discount, introduction of a private bill to a permanent residence or notification in a federal register in a federal register in a federal regist Visa is not one of the base for termination of sevis under the review rules.
The plaintiff claims that the memo expands the rights of the Ice to eliminate the sevis record illegally, without whether the students are complying with their F-1 visa requirements under the rules and without following the regulatory bases for the termination covered by the rules.
The complaint of the trial suggests that in April 2025, after facing more than 50 cases challenging the termination of Sevis, ICE announced partial reactions of Sevis Records – but clearly excluded the students whose visas were canceled by the DOS, despite the fact that many rebellion are present from the sevication. The ICE also released a new policy on 26 April 2025, with an attempt to justify the sevis termination based on the reconsideration of the visa, which had the ability to remove. The plaintiff argues that it forms an illegal and retrospective policy-making.
They accuse of collusion between Ice and DOS to maximize the punitive effects of these functions, and claim that such conduct violates the federal rules and constitutional fixed process.
Impact litigation firms (blessings litigation, Joseph and hall, Cook Backster And Sisind Suser) Representing students.
In his trial, the international students are asking the district court to take several major action as to what they describe as illegal and harmful sevis termination and/or visa revocation. He said that the matter should be considered as class-corrosion on behalf of all the affected students, whose sevis records ended without legal justification after 24 March 2025. The large -scale termination of the sevis should be illegal and canceled to the termination. This must be restored before the students’ immigration status is eliminated, including restoring any valid visa and function authorities. International students who have been affected should be allowed to apply for work permits under the alternative practical training program, even if they have missed the deadline due to the functions of American agencies. Any harmful or incorrect information should be removed from the government database that can incorrectly label students as criminals or immigration violations. The new ICE policy that allows the Sevis record to perfectly terminated on the basis of visa revival should be dropped.
Legal claims made:
First reason for action: Sevis Termination and Visa Revocation were arbitrary, frugal and illegal under APA.
Second reason for action: The works violated the fixed process segment of fifth amendment, in which students were denied their rights without notice or a meaningful opportunity.
Third cause of action: On April 26, the Ice Memorandum, allowing the termination of sevis on the basis of visa recovery was an illegal legislative law.
Fourth reason for action: The state secretary coordinated the collective visa revival and crossed the Legislative Authority, violating the Immigration and Nationality Act and the Non-Development Principle.