F-1 Students Fight Mass SEVIS Terminations With TROs

Written By: Matthew W. Peterson

Published: 04/25/2025

Share Us:

The Current Crisis for International Students

Since March 2025, the F-1 Student Fight mass SEVIS termination has become a troubling reality, affecting international students across the United States. The Department of Homeland Security (DHS) has unilaterally terminated the Student and Exchange Visitor Information System (SEVIS) records of hundreds, possibly thousands, of F-1 students and Optional Practical Training (OPT) participants nationwide.

According to data referenced in court filings, over 240 colleges and universities have identified more than 1,480 international students and recent graduates whose legal status has been changed since early March. The numbers continue to grow daily, with at least 112 affected students in New England alone as of mid-April.

Legal Framework: When Can F-1 Status Be Terminated?

The federal regulations governing F-1 status termination are quite specific. There are only two ways a student may lose their F-1 status:

Student-driven “failure to maintain status”: Under 8 C.F.R. § 214.2(f)(5), students must make “normal progress toward completing a course of study.” Additionally, 8 C.F.R. § 214.1(e)-(g) specifies that status can be lost through unauthorized employment, willfully failing to provide information to DHS, or being convicted of a violent crime with a potential sentence exceeding one year.
Agency-initiated “termination of status”: The DHS’s ability to terminate F-1 status is limited by 8 C.F.R. § 214.1(d). Under this regulation, DHS can terminate status ONLY when:
- A previously granted waiver under 8 U.S.C. § 1182(d)(3) or (4) is revoked
- A private bill to confer permanent residence is introduced in Congress
- DHS publishes a notification in the Federal Register citing national security, diplomatic, or public safety reasons

Crucially, a visa revocation alone does not justify terminating F-1 status. ICE’s own Policy Guidance 1004-04 states that visa revocation is not, by itself, cause for termination of a student’s SEVIS record.

The Power of Temporary Restraining Orders in These Cases

What is a Temporary Restraining Order (TRO)?

A TRO is an emergency measure that courts can issue to prevent immediate and irreparable harm while a case proceeds through the legal system. As explained by the Northern District of Georgia in its recent order, “The standard for obtaining a TRO is identical to that of obtaining a preliminary injunction.” In the context of these SEVIS termination cases, students are seeking TROs to:

Immediately restore their terminated F-1 status and SEVIS records
Prevent DHS from taking enforcement actions against them (including detention or deportation)
Allow them to continue their studies and authorized employment while their cases are being decided

TROs are particularly crucial in these cases because of the immediate consequences students face following status termination.

The Legal Standard for Obtaining a TRO

To obtain a TRO, plaintiffs must demonstrate:

A likelihood of success on the merits of their claims
The prospect of irreparable harm without the injunction
That the balance of equities favors them
That an injunction serves the public interest

As noted in the Northern District of Georgia order, “The Eleventh Circuit instructs district courts to consider the question of whether a plaintiff has a substantial likelihood of success on the merits as ‘generally the most important’ factor in the analysis.“

How TROs Are Being Applied in SEVIS Cases

Multiple federal courts have already granted TROs in favor of students challenging these terminations. These orders generally:

Reinstate Status Immediately: Courts are ordering DHS to restore F-1 student status and corresponding SEVIS records. In the Northern District of Georgia case, the court specifically ordered that “Defendants shall reinstate Plaintiffs’ student status and SEVIS authorization, retroactive to March 31, 2025.“
Freeze Enforcement Actions: The TROs prevent ICE from detaining or deporting students while their cases proceed.
Maintain the Status Quo: The orders preserve students’ status as it existed before the terminations while courts consider the merits of the cases.
Protect Student Privacy: In the Georgia case, the court ordered the parties to file a proposed joint protective order regarding the use of plaintiffs’ identifying information and prohibited defendants from disclosing plaintiffs’ identifying information or using it for any purpose outside of the litigation.

Recent TRO Successes

Courts across the country have granted TROs in these cases:

Northern District of Georgia: Civil Action No. 1:25-cv-01998-VMC (133 student plaintiffs)
District of New Hampshire: Liu v. Noem, No. 1:25-cv-133-SM-TSM
District of Massachusetts: No. 1:25-cv-10904-PBS
Eastern District of New York: Wu v. Lyons, No. 1:25-cv-1979
Western District of Wisconsin: Isserdasani v. Noem, No. 3:25-cv-283-wmc
District of Montana: Roe v. Noem, No. 2:25-cv-40-DLC

In the Northern District of Georgia case, the court found that the plaintiffs had “demonstrated a substantial likelihood of success on the merits of their claim in Counts 1 and 4: that Defendants’ termination of the SEVIS registration exceeds the bounds of statutory and regulatory authority and is therefore unlawful under 5 U.S.C. § 706(2)(A), (C), and (D).“

Class Action Lawsuits Expanding the Reach of TROs

While individual TROs provide relief to specific plaintiffs, class action lawsuits aim to extend this protection to all similarly situated students.

Northern District of Georgia Case

The Northern District of Georgia case is particularly significant because it involves 133 plaintiffs proceeding pseudonymously. While not technically a class action, this case demonstrates that courts are willing to provide relief to large groups of affected students through a single order.

District of Connecticut Class Action

In the United States District Court for the District of Connecticut, a class action complaint filed on April 24, 2025, seeks to represent all current or future students and OPT participants affiliated with educational institutions in Connecticut who had their F-1 status terminated on or after March 1, 2025. This complaint seeks a TRO that would apply to the entire class, potentially restoring status to dozens of affected students in Connecticut with a single court order.

District of New Hampshire Class Action

Similarly, a New Hampshire lawsuit (No. 1:25-cv-156) seeks class certification and a preliminary injunction for all affected students in the First Circuit. The plaintiffs argue that immediate certification will permit the court to provide broad-based relief to students throughout New Hampshire, Massachusetts, Maine, Rhode Island, and Puerto Rico who are being irreparably harmed.

Real-World Impact and Irreparable Harm

The TRO motions extensively document the irreparable harm students face without court intervention:

Academic disruption: Students are being prevented from attending classes, conducting research, and completing degrees they’ve invested years to pursue.
Financial hardship: Many affected students have lost stipends from research or teaching assistantships. One student in the New Hampshire case has invested $329,196 in his education in the United States and now faces the prospect of abandoning his program.
Employment loss: Students on OPT or working as research assistants are immediately barred from employment, losing their sole source of income.
Detention and deportation risks: Students face the risk of detention and deportation. Several students have already been detained by ICE following termination of their status.

The Northern District of Georgia court concluded that all plaintiffs in that case had “demonstrated that they face irreparable harm in the absence of temporary relief,” noting that many faced losing “scholarships, career opportunities, access to education, and the ability to apply for OPT.”

What Affected Students Should Do

If your SEVIS record has been terminated, consider the following steps:

Consult with an immigration attorney specializing in F-1 issues immediately: The legal landscape is changing rapidly, and experienced counsel is essential.
Explore whether you could benefit from an existing TRO: If you’re in a jurisdiction where a court has already issued a TRO, your attorney can advise whether you might be covered or how to seek similar relief.
Document everything: Maintain records of all communications with your school, any notices about your SEVIS record, and evidence of your academic standing.
Stay connected with your university’s international student office: Many institutions are actively supporting affected students through this crisis.

The Legal Path Forward

The early success of TRO motions suggests that courts are receptive to students’ legal arguments. Multiple federal judges have found that DHS likely violated the Administrative Procedure Act by terminating students’ SEVIS records without following proper regulatory procedures.

While a TRO provides immediate relief, the ultimate resolution will depend on either:

DHS voluntarily rescinding these terminations and restoring students’ status
Courts issuing permanent injunctions after full consideration of the merits

The Northern District of Georgia order notes that its TRO “takes effect immediately and shall continue until its expiration in fourteen (14) days.” This temporary relief is crucial, but affected students and their attorneys must continue to pursue more permanent solutions.

This blog post is for informational purposes only and does not constitute legal advice. Every case is unique and requires individualized legal analysis. If you are looking for legal assistance, better call the Law Office of Matthew W. Peterson.