ACLU of Indiana Files Suit on Behalf of International Students

From WTHR

'No rhyme or reason'

ACLU of Indiana sues Department of Homeland Security after international students have visas revoked

The organization alleges that because the students were not offered a chance to contest the decision, DHS violated their Fifth Amendment right to due process.

The ACLU of Indiana on Tuesday announced the filing of a lawsuit against the U.S. Department of Homeland Security on behalf of seven Indiana international students "whose lawful status was abruptly terminated without explanation."

The organization alleges in the lawsuit that because the students were not offered a chance to contest the decision, DHS violated their Fifth Amendment right to due process. It's asking the U.S. District Court to reinstate the plaintiffs' international student status.

The ACLU said two of the students named in the suit are scheduled to graduate in May.

"There is no rhyme or reason for DHS’s action. To terminate an international student’s status, the U.S. government must adhere to regulatory standards and provide basic due process, which it has failed to do," ACLU of Indiana Legal Director Ken Falk said in a statement. "The impact on these students’ lives is profound, and now they live in fear of being deported at any moment. We're calling on the court to take immediate steps to stop these unlawful actions."

Several international students who have had their visas revoked in recent weeks have filed lawsuits against the Trump administration, arguing the government denied them due process when it suddenly took away their permission to be in the U.S.

Rachel Van Tyle is the director of legal services for Exodus Refugee Immigration, an organization in Indianapolis that assists refugees, and other displaced individuals establish their homes in Indiana. She's not involved in the suit but has been following cases like it.

"It's disheartening to see that a lot of decisions are being made without affording people due process," Tyle said. "If somebody's visas being canceled, they should at least be given the opportunity to respond, and they're not doing that."

The ACLU acknowledges that some of the students have criminal histories. But according to their lawsuit, even those convictions don't meet the legal criteria to revoke a visa.

According to the ACLU, revocation would require someone to be "convicted of a crime of violence with a potential sentence of more than a year."

For example, according to the lawsuit, one student at Notre Dame was charged with domestic battery and disorderly conduct. The student ended up taking a plea deal, which dropped the domestic battery charge. They instead pled guilty to misdemeanor disorderly conduct.

However, despite the plea deal, the lawsuit goes on to detail how the student received an email informing them that Homeland Security had terminated the visa. The email further stated that the student "may be at risk of detention and deportation."

"I was under the understanding that they were going to focus on going after criminals," Tyle said. "That's not who they're going after."

For students with no criminal record at all, the lawsuit claims homeland security is violating their constitutional rights.