New York, May 23: Hours after the Department of Homeland Security striped Harvard University ‘s ability to enroll foreign students, a federal judge on Thursday termed the government’s actions likely unlawful and destabilizing, therefore issuing a sweeping injunction temporarily barring the Trump administration’s attempts to detain or deport international students whose visas were revoked earlier this year, The New York Times reported.
Appointed by the former president George Bush, Judge Jeffrey White of the US District Court for the Northern District of California sharply criticized the administration’s approach, writing in a 21-page opinion that federal officials “uniformly wreaked havoc” on the legal status of international students and likely “exceeded their authority.”
The order bars the federal government from arresting or deporting international students participating in the Student and Exchange Visitor Program (SEVP), a Department of Homeland Security system that oversees student visas. It also prevents the administration from revoking their legal immigration status while litigation continues.
While the court did not rule directly on the Harvard case, legal experts told NYT that the injunction is broad enough that it could partially impede the administration’s efforts to enforce the decision.
“The relief the court grants provides plaintiffs with a measure of stability and certainty,” White wrote. “That they will be able to continue their studies or their employment without the threat of re-termination hanging over their heads.”
In his ruling, White criticized the administration’s shifting legal justifications and said there appeared to be a concerted attempt to place visa enforcement actions “beyond judicial review.” “At each turn in this and similar litigation across the nation,” White wrote, “defendants have abruptly changed course to satisfy courts’ expressed concerns. It is unclear how this game of whack-a-mole will end unless defendants are enjoined from skirting their own mandatory regulations.”
The injunction applies to all “similarly situated individuals” under SEVP, potentially covering a wide array of students across the country affected by recent enforcement actions.
