Federal judge blocks UI students’ deportation; orders student status restored

IOWA CITY — Just three days after the filing of a complaint seeking court intervention in the termination of four University of Iowa international students’ F-1 status, a U.S. district judge Thursday granted a temporary restraining order against the government.

U.S. District Judge Rebecca Goodgame Ebinger in the Thursday order instructed the Department of Homeland Security to restore the four affected UI students’ F-1 status in the Student and Exchange Visitor Information System — or SEVIS.

She further ordered DHS to not terminate the students’ SEVIS status again “absent a valid ground” and without a proper proceeding in which they’re allowed to review and respond to evidence.

To threats of deportation the government had levied against the students in informing them of their terminated status, Ebinger ordered DHS not to arrest, detain, or transfer the students — or order them arrested, detained, or transferred — “without first providing adequate notice to both this Court and Plaintiffs’ counsel as well as time to contest any such action.”

As a backstop, the judge ordered DHS not to even initiate any removal proceedings on the basis of the previous F-1 status terminations.

Among the rules Ebinger cited in granting the restraining order was one allowing the court to intervene on a temporary basis if a complainant clearly demonstrates “that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition.”

“The embassy emails to three (students) notified (them) of visa termination without explanation and specifically advised removal could occur at any moment without time permitted to secure possessions or conclude affairs,” Ebinger wrote. “That same email notified (the students) they could be removed to countries other than their countries of origin.”

Given those details, the judge found, requirements of the harm rule were satisfied.

“The loss of legal status in the United States deprives (the students) of the ability to pursue degrees (they) have already invested substantial time and effort to obtain,” Ebinger wrote in balancing “hardship and public interest.”

“All four (students) face irreparable harm outweighing risk of injury to defendants.”

Vanessa Miller covers higher education for The Gazette.

Comments: (319) 339-3158; vanessa.miller@thegazette.com