F-1 Visa Crackdown: Indian And Chinese Students Sue Trump Administration Over Unlawful Terminations

Sparking a fresh controversy for the Trump administration, three Indian and two Chinese students have filed a lawsuit against the U.S. Department of Homeland Security (DHS) for what they describe as the "unilateral and unlawful termination" of their F-1 student visas.

The lawsuit, filed in the U.S. District Court of New Hampshire, accuses DHS and other immigration authorities of arbitrarily revoking the F-1 visa status of "hundreds, if not thousands, of international students" without due process.

Filed on behalf of the students by the American Civil Liberties Union (ACLU), the suit names the five plaintiffs-Linkhith Babu Gorrela, Thanuj Kumar Gummadavelli, Manikanta Pasula, Hangrui Zhang, and Haoyang An-who say that the recent immigration crackdown has subjected them to threats of deportation as well as "severe financial and academic hardship".

"Plaintiffs and proposed class members have maintained their student status by making progress toward completing their course of study, not engaging in unauthorized employment, and not having any conviction for a crime of violence for which a sentence of more than one year imprisonment may be imposed," the lawsuit claimed.

The students allege that the recent immigration policy changes have made it nearly impossible to complete their academic programs, earn their degrees, or participate in the Optional Practical Training (OPT) program, which allows international students to gain work experience in the US after graduation.

"The lawsuit asks the court to reinstate the status of these students so that they will be able to complete their studies and avoid facing the risk of detention and deportation," the ACLU said in a public statement.

What Triggered The Lawsuit?

Gorrela, who was scheduled to complete his degree on May 20, now finds himself unable to graduate or qualify for OPT due to his invalid visa status. Similarly, Gummadavelli and Pasula, each with only one semester remaining, face uncertainty over completing their studies.

The Chinese plaintiffs are also grappling with serious repercussions. Zhang has lost his research assistantship, his sole source of income, while An is on the verge of abandoning his education altogether, despite having invested over $329,000 in tuition and living expenses in the U.S.

Legal Issues Behind The Visa Cancellations

Pasula was arrested for driving without a valid U.S. driver's license. Notably, under New Hampshire law, foreign students can legally drive using an International Driving Permit for up to 60 days upon arrival. Pasula was arrested within this period, and although he later paid a $248 fine and obtained a valid U.S. license, Rivier University soon informed him that the U.S. State Department had revoked his visa.

The other Indian plaintiffs also encountered minor legal infractions that appear to have triggered the termination of their student status. In Massachusetts, An was cited for driving without active insurance-a misdemeanor-while Zhang was involved in a separate misdemeanor what he claims was a misunderstanding.

Trump Administration Responds

In response to the lawsuit, U.S. State Department spokesperson Margaret McLeod said in a virtual interview with PTI, "If you follow the law, America offers opportunities. But those who violate the law will face the consequences," Live Mint noted.