NEWS  /  Analysis

Chinese Students Win Major Court Victory Against U.S. Government Over Visa Cancellations

By  xinyue  May 23, 2025, 5:20 a.m. ET

"This is a sweeping victory not just for our four clients, but for all international students in the United States—especially the Chinese student community," said Zhu Keliang, the lead attorney representing the plaintiffs.


Federal Courthouses in California, U.S.

Federal Courthouses in California, U.S.

AsianFin -- A federal judge in California has issued a nationwide preliminary injunction against the U.S. government, halting the abrupt revocation of legal status for international students—marking a major legal victory for thousands of affected students, including Chinese nationals.

The ruling, handed down on May 22 by the U.S. District Court for the Northern District of California, temporarily bars the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) from taking further punitive actions based on the cancellation of student visa records in the Student and Exchange Visitor Information System (SEVIS).

The decision stems from a lawsuit filed on April 11 by four Chinese students enrolled at top-tier U.S. institutions, including the University of California, Berkeley and Carnegie Mellon University. Despite having no criminal records, the students were suddenly stripped of their SEVIS status—placing them at risk of immediate deportation and derailing their academic and professional plans.

According to the Associated Press, more than 4,700 international students and scholars have had their legal status terminated without prior warning by the State Department. That number is expected to rise.

In his ruling, the federal judge found that the DHS and ICE had likely violated the Administrative Procedure Act by failing to provide sufficient explanation or due process before revoking student statuses. The injunction blocks federal authorities from arresting or deporting affected students, or taking further adverse actions based on previously cancelled SEVIS records, until the court reaches a final decision.

"This is a sweeping victory not just for our four clients, but for all international students in the United States—especially the Chinese student community," said Zhu Keliang, the lead attorney representing the plaintiffs, in an interview with Chinese media outlet The Paper.

While the injunction halts the government's actions for now, Zhu cautioned that the legal battle is far from over. "We expect the U.S. government to appeal swiftly. The litigation could stretch on, but at least for the time being, international students are safe," he said.

Zhu also revealed that his team is exploring further legal action in response to a separate wave of visa cancellations. "Last month, we noticed that the State Department revoked thousands of student visas without explanation. We are actively reviewing the facts and considering a new lawsuit to restore those visas."

In recent months, DHS has initiated what appears to be a sweeping enforcement campaign, terminating SEVIS records for thousands of international students, many without notice or explanation. Once a SEVIS record is canceled, holders of F-1 and other student visas automatically lose their legal immigration status.

The four Chinese students filed suit in early April. A week later, on April 18, the court issued a temporary restraining order (TRO) to prevent the government from deporting the plaintiffs. After a hearing on May 14, the court moved forward with Thursday's broader preliminary injunction, extending protections to all students in similar circumstances across the U.S.

The court's move underscores growing scrutiny over the U.S. government's handling of foreign student visas, particularly amid rising geopolitical tensions and heightened concern over immigration enforcement practices.

 

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