The Puerto Rico Chapter of the American Civil Liberties Union is supporting a class action suit naming the U.S. Department of Homeland Security, the Boston and Manchester Field Offices of U.S. Immigration and Customs Enforcement, Homeland Security Secretary Kristi Noem, and ICE Acting Secretary Todd Lyons as defendants. They are being sued for “unilaterally terminating” F-1 (foreign student) status for international students, and the case is being brought by ACLU chapters in New Hampshire, Maine, Massachusetts, Rhode Island, and Puerto Rico.
“Defendants’ unilateral and unlawful terminations have severely disrupted the educational opportunities of students who are in the middle of their studies (and in the middle of a semester) and who are simply trying to obtain, often at considerable expense, an education in the United States while following all the rules required of them,” the lawsuit stated. “At the most elemental level, the United States Constitution requires notice and a meaningful opportunity to be heard.”
More than 1,000 students at more than 200 colleges have had their status terminated, and many lawsuits are in progress. On April 25, in a Boston court, the Trump administration announced that they would not pursue the terminations at the moment, and that they would regroup and plan to pursue them again in the future. It is not clear how many students will be included in that decisions, nor whether the students in the aforementioned class action suit will be among them.
F-1 status
In order to study in the United States, a foreign student must have an F-1 visa. Foreign students must maintain normal progress toward their degrees, must not commit serious crimes, and must not work except in jobs suitable for students, such as work study positions. Any of these circumstances can lead to a student being “out of status” — that is, no longer eligible for a student visa.
None of the plaintiffs in the class action suit had received notices that they were suspected of any of these activities. Instead, they received general notices saying that they were out of status.
Instead, they received notices saying, “OTHERWISE FAILING TO MAINTAIN STATUS – Individual identified in criminal records check and/or has had their VISA revoked. SEVIS record has been terminated.” When asked to provide details on these notifications, the agency sent a newly updated notice with a checkbox for “other” as the reason for the termination. “Other” had never before been an option, and the notices had no details explaining what the “other” reason might have been.
The agency also had not reached out to the schools before taking these actions. It is customary to consult with the colleges first. Foreign student advisors typically work with students who are out of status to get them back into status before the end of the semester. In these cases, the students did not have this opportunity and support. It may be that since it was not clear what had caused them to be out of status, the schools would not have been able to assist — or would have appealed the rulings.
International students in Puerto Rico
International students make up just 4% of the student body of colleges in Puerto Rico — but bring $13.5 million to Puerto Rico’s economy. This makes them an important part of the college community, but their cultural contributions are equally important.
Just as Puerto Rican students studying at mainland state colleges and universities enrich their campuses and communities, international students studying in Puerto Rico enrich the schools and communities where they gain their degrees.
The suit has been filed in New Hampshire. It is right that Puerto Rico should be involved. While none of the students in the class action suit are studying on the Island, the pace at which students are having their student status terminated makes it likely that some students in Puerto Rico have already received these notices, and that more will do so in the future. As an unincorporated territory, Puerto Rico is often left out of actions taken in the states. It is good to see the Island represented.
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