Global and international students of Biola’s community have expressed worry due to mass visa revocations. When asked, the registrar’s office stated, “As long as students are following the rules and conditions of their visa, they have no need to worry at this time.”
The Chimes spoke to someone at the university with knowledge of the situation who declined to give their name. They stated that the Department of Homeland Security (DHS) revoked more than one Biola student’s visa in the past month in line with the mass student visa revocations occurring throughout the nation. The Chimes reviewed the documents they provided and verified their legitimacy. This person stated that Biola’s administration provided a means for that student to finish their studies.
In an email to F-1 students, Biola’s Student Visa Services office said, “As an international student, you have no need to worry as long as you have been maintaining your F-1 status,” and offered guidelines for summer travel.
VISAS REVOKED THROUGHOUT THE COUNTRY
Since April 7, over 1,100 international students’ visas have been revoked across the nation. Some of those whose visas were revoked have cited traffic violations, run-ins with police or political activism, but none were told directly the exact reason for their termination. Inside Higher Ed investigated the students affected and found that many students were not politically active at all, and the reasons behind the removal of student visas remain unclear. Because of the widespread nature of the revocations and the lack of clarity surrounding the arrest pattern, various universities have advised international students not to leave the U.S.
U.S. Secretary of State Marco Rubio spoke about the reasoning behind the visa revocations.
“If you come to this country as a student, we expect you to go to class and study and get a degree,” said Rubio. “If you come here to vandalize a library, take over a campus, do all kinds of crazy things, you know, we are going to get rid of these people. So when we identify lunatics like these, we take away their student visa.”
On Mar. 8, before the mass visa revocations, Immigration & Customs Enforcement (ICE) detained Mahmoud Khalil, a Palestinian activist enrolled at Columbia University, for organizing pro-Palestinian protests. Similarly, on Mar. 25, Rumeyza Ozturk, an international student from Tufts University, was also detained by ICE for co-writing an op-ed in the Tufts student newspaper that advocated for Palestine. However, the student visa revocations occurring across the country do not seem to be targeting politically active individuals.
HOW ARE STUDENT VISAS REVOKED?
Visas are controlled by the DHS. Visas allow a person to travel into the country, but do not necessarily impact whether or not they can remain in the U.S. Legal status pertains to one’s ability to remain in the country. The government uses SEVIS (the Student and Exchange Visitor Information System) to track non-immigrant students and exchange visitors in the country. Some students have reported that their visas have been revoked, while others have been told that their SEVIS records were terminated. In short, the DHS has used its powers to revoke visas and terminate SEVIS records to deport students.
The DHS defended the visa revocations. “Using a provision of a 1952 law that grants the Secretary of State broad authority to expel foreigners believed to pose ‘potentially serious adverse foreign policy consequences’ for the U.S.,” the New York Times wrote.
However, a lawsuit representing 133 students whose visas were revoked stated, “A non-immigrant visa controls a noncitizen’s admission into the United States, not their continued stay. Rather, the DHS’s act of unlawfully terminating SEVIS records appears to be designed to coerce students, including each Plaintiff, into abandoning their studies and ‘self-deporting’ despite not violating their status.”
In a recent development, the Wall Street Journal reported that ICE has restored many of the revoked student visas, stating that ICE will develop a policy regarding SEVIS record terminations. Until that policy is issued, SEVIS records for students whose visas were terminated will remain active or be reactivated. However, the Wall Street Journal also writes, “it is still unclear whether ICE will restore status to everyone it has targeted and whether the State Department will help students whose visas were wrongly revoked.”
Currently, student visas are still being revoked. However, based on the success of various lawsuits against the DHS and the restoration of visas, students may be able to remain in the U.S. and contest their visa terminations.
FOREIGN RELATIONS AND STUDENT VISAS
As the reason behind the visa revocations remains unclear, many speculate that student visa revocations stem from strained relations between the United States and other countries. Political Science Professor Timothy Milosch stated that this is not always the case. While strained relationships do not usually affect a student’s ability to get a visa, the country still can ultimately decide when to give or rescind a visa.
“The United States, and pretty much every other country, reserves the right to cancel or refuse to renew and/or grant visas if relations between countries become sour. This [is] obviously the case in times of war, but can also happen in peacetime,” said Milosch.
Despite this possibility, many countries have not resorted to this, and the United States does not have many countries on a no-fly list.
“The U.S. State Department maintains a travel advisory listing for travelers that rate countries on a 4-point scale,” said Milosch. “Level 1 is ‘Exercise Normal Precautions,’ and Level 4 is ‘Do Not Travel.’ Currently, only 21 of 195 countries in the world are rated at Level 4, and almost all of them are actively engaged in wars. Ukraine and Russia are both rated at Level 4. Even then, it’s still possible for some Americans to obtain entry to these countries, but it’s difficult, and can be dangerous.”
BIOLA’S GUIDELINES
The registrar’s office has acknowledged the reality of students losing their visas at different universities around the country. When asked questions about the student visas at Biola, the registrar responded:
- Colleges themselves do not revoke visas. Colleges are not legally able to revoke student visas. Yet, colleges and universities can initiate the termination of a student’s I-20, which is required to maintain a visa.
- Only the federal government can revoke student visas. Students are only at risk of losing their visas if they fail to comply with federal and state laws.
- Visa Status is NOT guaranteed by Biola. It is up to each student to maintain their visa status.
- Biola does not volunteer information. Though Biola must submit to court orders, warrants, and laws, it does not give information to the government that it is not entitled to.
- There are specific circumstances that result in the termination of a student’s I-20. A student may lose their I-20 for not meeting the terms of the F-1 Visa. These include not being enrolled as a full-time student, working off campus during their first year, not being able to support themselves financially, and being unable to maintain residence abroad.
- The Immigration and Nationality Act also gives the U.S. Secretary of State the power to determine if a student can stay. A clause in the Immigration and Nationality Act gives the U.S. Secretary of State the power to determine if a student’s presence in the country would create concerns for foreign policy.
- There are still options if a student has their visa revoked. It is recommended that if a student loses their visa that they consult with an immigration attorney. Should they need to leave the country, Biola has the option to allow students to continue their education online.
- Students should be prepared and have all the necessary documents to travel. Because of the increased strictness of travel, it is recommended that students traveling home have their passport, travel visa, printed schedule, and travel-signed I-20.
WHAT TO DO IF A VISA HAS BEEN REVOKED
For international students whose visas have been revoked, it is strongly recommended to get an immigration lawyer quickly. Lawsuits against the DHS have succeeded in restoring students’ status. There are various pro bono options available. Furthermore, if a student is detained, The President’s Alliance advises that hasty legal intervention may keep that student from being moved to an out-of-state facility. They also stated in question nine that “these [removal] proceedings can move quickly, especially if the student is in detention, and legal representation is critical. Without legal advocacy, many students may not be aware of the defenses or relief options available to them under immigration law.”
Should a visa be revoked, students should familiarize themselves with their rights. ICE is limited by various laws that could deter a deportation.
International students whose F-1 visas have been revoked do not have to leave the country. ICE’s website states that students with an expired visa do not need to leave the country, but that if they do leave the country, they require a valid visa to reenter the U.S.