The restorations come amid shifting federal guidance on SEVIS record terminations and visa revocations.

The federal student records of four international students at The New School have now been restored, just over a week after they were terminated, according to a university-wide email from President Joel Towers sent yesterday afternoon.

The Student and Exchange Visitor Information System (SEVIS) is the database of the Student and Exchange Visitor Program (SEVP) that contains international students’ records. It is administered by the U.S. Department of Homeland Security (DHS). 

While university administrators’ earlier interpretations of SEVP guidelines assumed that a terminated SEVIS record also meant that a student’s visa had been revoked, new testimony from federal officials has clarified that this is not the case. The termination of a student’s SEVIS record does not affect their legal status in the U.S. or the validity of their visa.

The office of International Student and Scholar Services (ISSS) learned that the four students’ SEVIS records had been restored on Saturday night during “a regular check” of the database. The email states that ISSS staff immediately informed the impacted students, and along with college leadership, are working with them to ensure that they can successfully complete their courses this semester.

The previously terminated SEVIS records of thousands of international students are now being restored as part of the Trump administration’s broader response to over 100 lawsuits across the country challenging the revocations. According to Politico, judges in more than 50 cases ordered the administration to temporarily undo the actions, deeming them “flagrantly illegal.”

On Friday, a Justice Department attorney speaking on behalf of Immigration and Customs Enforcement (ICE) in one such case told a federal judge in Washington that ICE officials are developing a new policy that will provide a framework for SEVIS record terminations. 

Until this policy is issued, any terminated SEVIS records must be reactivated, meaning that the legal status of impacted international students will be restored. Additionally, ICE, an arm of DHS, is not permitted to terminate students’ SEVIS records solely based on criminal history checks, which flag misdemeanor charges and dismissed cases.

The Justice Department attorney also said that ICE still retains the authority to terminate SEVIS records for other reasons. These may include a student’s failure to maintain their non-immigrant status after their record is reactivated, or engagement in other unlawful activity that would make them eligible for removal from the U.S. under the Immigration and Nationality Act.

Recent litigation in a similar case in Michigan has also clarified the distinction between the termination of a student’s SEVIS record and the revocation of their legal status. While DHS is responsible for maintaining SEVIS, the ability to revoke visas lies with the U.S. Department of State. As such, the termination of a student’s record in SEVIS does not automatically mean that their student visa has been revoked, since DHS does not have the authority to take such action.

This case also clarified that the revocation of a student’s visa is not necessarily grounds for deportation. A visa is required for an international student to enter the country legally. Once they are in the U.S., the visa does not affect their immigration status. A student with an expired or revoked visa, who is still in the process of completing their degree, can remain in legal status while remaining in the country.

While Friday morning’s new guidance on SEVIS record terminations means that all students whose records were terminated by DHS will have them restored, a lawyer who spoke to the Associated Press said there is still ambiguity as to whether the State Department will help students whose visas have already been revoked. At the time of publication, the New School Free Press is unaware of any TNS student who has had their visa revoked.

In his university-wide email, President Towers encouraged international students to visit the ISSS webpage for important updates, travel guidance, and other resources. Towers also affirmed that the university “will remain vigilant” as “Unfounded actions, like these SEVIS terminations, pose an unacceptable threat to the university.”

“We will stand up for freedom of speech, the pursuit of learning, tolerance, a commitment to our shared humanity, and a university where all can create extraordinary works of art, design, performance, and scholarship free from discrimination,” Towers concluded.