Recent Revocations of Student Visas and SEVIS Terminations

Legislative Update: The Laken Riley Act

The Laken Riley Act was signed into law by President Trump on January 25, 2025. Under this law, individual states are empowered to challenge federal immigration decisions through litigation. There is also a key provision which requires the mandatory detention of any non-U.S. citizen who is arrested (but not necessarily convicted of) misdemeanor charges such as burglary, theft, larceny, or shoplifting. As a result, noncitizens now risk being detained for merely being charged with minor criminal offences.

DHS Policy Shift: Social Media Screening for Antisemitism

On April 9, 2025, the Department of Homeland Security announced that U.S. Citizenship and Immigration Services (USCIS) will start denying immigration benefits to individuals who they consider participating in antisemitic activity on social media or physically harassing Jewish people. USCIS will use its discretion to analyze whether a non-U.S. citizen’s social media content constitutes the endorsement or support of “antisemitic terrorism, violent antisemitic ideologies and antisemitic terrorist organizations such as Hamas, Palestinian Islamic Jihad, Hezbollah, or Ansar Allah aka: “the Houthis.”” This new directive will impact applicants for permanent residency, student visas, and any non-U.S. citizens who are affiliated with an educational institution deemed to support antisemitic activity.

The new directive is in line with Trump’s recent executive orders aimed at combating antisemitism and protecting national security including the January 29, 2025 executive order on Additional Measures to Combat Anti-Semitism, and Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats. It also reflects a broader trend of scrutiny of online activity in connection with immigration adjudications, as we reported in our news alerts on Heightened Social Media Vetting for Student Visa Applications and Electronic Device Services by CBP – What to Know.

Recent Enforcement Actions: Revocation of Student Visas and SEVIS Record Terminations

Recent Enforcement Actions:

** This policy was reversed on Friday, April 25, 2025. **

As reported in the news media, international students with valid F-1 visas including F-1 OPT or STEM OPT status have reportedly had both their SEVIS records suddenly and unknowingly terminated by the ICE Student Exchange Visitor Program (SEVP) rather than by Designated School Officials (DSOs) at academic institutions as is the usual practice. Students have reportedly received emails from the U.S. Department of State (DOS), confirming that their visas have been revoked. There have also been reports of students with lawful permanent resident status whose statuses have been revoked and have been ordered removed from the United States.

Visa revocations and SEVIS terminations appear to be linked to individuals who are suspected of participating in activities that violate or are contrary to the intent of presidential executive orders such as Additional Measures to Combat Anti-Semitism, and Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats. These activities include participation in protests against the war in Gaza or perceived antisemitic activity on social media. Individuals who have dismissed misdemeanor charges, or minor offenses such as traffic violations have also been impacted, in line with one of the provisions of the Laken Riley Act.

Best Practices:

F-1 visa holders are admitted to the United Status for duration of status (D/S). Individuals whose SEVIS records are terminated risk accruing unlawful presence in the United States and risk deportation from the United States. As of September 24, 2024, USCIS has defined this as occurring when “[n]onimmigrants admitted for duration of status generally begin accruing unlawful presence the day after their status ends, if they remain in the United States.” Foreign students with any type of arrest history, even with dropped charges, or anyone who may have engaged in activities that go against the above referenced presidential executive orders should keep an eye out for visa revocation emails from DOS or SEVIS record terminations. DSOs are not being notified of SEVIS terminations and are instead learning of the terminations when running reports.

Legal Challenges:

The American Civil Liberties Union (ACLU) and other organizations have sued the administration for alleged violations of free speech and due process rights. Additional litigation to contest the student visa revocations and SEVIS terminations is expected.

Questions?

If you have any questions about the above, please reach out to your McCown & Evans attorney for more information.