According to court records, U.S. Immigration and Customs Enforcement (ICE) has begun reinstating the immigration status of some international students whose records had previously been terminated in a Department of Homeland Security (DHS) database. In an email submitted to federal court, U.S. Attorney Mark Sauter informed Brad Banias, an attorney representing several of the affected students, that certain records were being restored in the Student and Exchange Visitor Information System (SEVIS). SEVIS is the official database used by educational institutions and government agencies to verify whether foreign students are complying with the conditions of their stay in the United States.

In the email, Banias explained that “ICE is in the process of developing a policy that will establish a framework for SEVIS record terminations.” He added that, until such a policy is formally issued, the SEVIS records of the plaintiffs in the case and others in similar circumstances will remain in “Active” status or be reactivated if they are not currently active. He further noted that ICE will not modify SEVIS records solely on the basis of findings from the National Crime Information Center (NCIC) that led to the recent terminations.

However, Banias cautioned that ICE retains the authority to terminate a SEVIS record for other reasons, including if a student fails to maintain nonimmigrant status after reactivation or engages in other unlawful conduct that would render the individual removable under the Immigration and Nationality Act (INA). DHS clarified that the reinstatement applies only to individuals whose visas had not been revoked. While the termination of a SEVIS record does not automatically result in the revocation of a student visa, officials acknowledged that it may ultimately lead to such an outcome.

Meanwhile, Fanta Aw, Chief Executive Officer of NAFSA: Association of International Educators which represents thousands of universities and international education professionals nationwide reported that her organization has documented approximately 1,500 cases in which SEVIS records were terminated. Although she welcomed news that some records are being restored, Aw emphasized that significant uncertainty remains regarding the future of students who have already lost employment opportunities, been dropped from academic programs, or had their student visas revoked.