Foreign Students in 2025: F-1 Visa Revocations, SEVIS Terminations, and Deportation Threats – A Legal Resource

Introduction

As of April 15, 2025,  more than 1200  F-1 international students across the United States have been blindsided by sudden visa revocations and SEVIS (Student and Exchange Visitor Information System) terminations, putting them at risk of deportation. This crisis highlights the broader issues within international education, particularly the challenges faced by students navigating complex immigration policies.

Immigration authorities – under new enforcement directives – have been unilaterally stripping students of their legal status, often without prior notice or clear justification. These actions have rattled campuses nationwide, prompting urgent questions about the legal basis for such measures and the rights of affected students. This article, written in the voice of an immigration lawyer, serves as a comprehensive resource for international students, universities, community allies, and journalists seeking to understand and navigate this crisis.

The issue of student mobility is also critical in understanding the broader implications of these actions. We will break down what is happening in 2025, the legal grounds (or lack thereof) for visa revocations and SEVIS terminations, and the rights and protections international students have under U.S. law. We will also highlight major lawsuits filed by students this year challenging the government’s actions, analyzing the key legal arguments in play. Finally, we provide practical guidance and checklists – from maintaining visa status to steps to take if you’re contacted by ICE – to help students protect themselves. All information is up-to-date as of 2025 and includes references to official sources (USCIS, ICE/SEVP) and legal advocacy groups for further support.

Understanding the Challenges Facing International Students

Reasons for Visa Revocations and Deportation Threats

The reasons for visa revocations and deportation threats vary, but many cases involve minor offenses or no reason at all. Some students have had their visas revoked due to prior criminal charges, while others have been targeted for participating in pro-Palestinian protests. The Department of Homeland Security has claimed broad powers to declare some migrants gang members and deport them without a hearing. Immigration attorneys say that the government is using existing tools in a way that causes mass hysteria, chaos, and panic. This indiscriminate use of power has left many students feeling vulnerable and uncertain about their future in the United States.

The Role of SEVIS in International Student Admissions

The Student and Exchange Visitor Information System (SEVIS) plays a crucial role in international student admissions. SEVIS is a web-based system that allows schools and the Department of Homeland Security to track and manage international student information. The system helps to ensure that international students maintain their student status and comply with immigration regulations. However, the SEVIS system has been criticized for its complexity and lack of transparency, leaving many international students confused and vulnerable to visa revocation. The intricate nature of SEVIS means that even minor errors or misunderstandings can lead to severe consequences, such as the loss of legal status and potential deportation.

Impact on Higher Education Institutions

The revocation of student visas and deportation threats have a significant impact on higher education institutions. Many universities have reported a decline in international student enrollment, with some institutions experiencing a drop of up to 20%. The loss of international students not only affects the institutions’ revenue but also undermines their ability to provide a diverse and inclusive learning environment. Faculty members and rights advocates have expressed concern about students’ ability to share their opinions without risking their legal status. This chilling effect on free speech and academic freedom is detrimental to the educational mission of universities and the overall campus climate.

Lawsuits and Legal Challenges

Several students have sued the government to challenge their visa revocations and detainment amid a bid to delay or block their deportation. The American Civil Liberties Union (ACLU) has filed lawsuits on behalf of some of the affected students, alleging that they have been arrested and detained without cause or explanation, a possible violation of their civil rights. The lawsuits aim to challenge the government’s actions and ensure that international students are treated fairly and with respect. These legal battles are crucial in setting precedents for the protection of international students’ rights and holding the government accountable for its actions.

Universities 287(g): Instead of Protecting Their Foreign Students, Florida Universities Join ICE in Campus Immigration Enforcement

 

Several public universities in Florida have entered into formal partnerships with U.S. Immigration and Customs Enforcement (ICE), signaling a dramatic shift in how campus law enforcement interacts with immigration policy. These agreements fall under the controversial 287(g) program, allowing state and local officers to act as federal immigration agents — a policy strongly backed by Governor Ron DeSantis.

 

These Florida universities would be among the first in the nation to have campus police departments participate in the 287(g) program, as reported by the Associated Press, highlighting the involvement of institutions like the University of Florida and Florida Atlantic University.

 

This development has raised concerns among students and advocacy groups about the potential impact on campus safety and inclusivity. Critics argue that involving campus police in immigration enforcement could deter students from accessing campus resources and participating in campus life due to fear of immigration-related consequences.

 

“College campuses should be safe spaces for academic growth, not checkpoints,” said Miriam Feldblum, CEO of the Presidents’ Alliance on Higher Education and Immigration.

 

What Is the 287(g) Program?

 

The 287(g) program, part of the Immigration and Nationality Act, allows ICE to delegate certain immigration enforcement powers to local and state law enforcement officers — including those on college campuses.

 

These partnerships allow designated officers to:

 

  • Interrogating individuals suspected of being in the U.S. unlawfully
  • Executing immigration-related warrants
  • Initiating removal proceedings
  • Detaining individuals without a warrant in some cases

 

There are two main models under 287(g):

  • Jail Enforcement Model (most common)
  • Task Force Model (more aggressive and includes community enforcement)

 

Florida’s implementation is under the task force model, which allows police officers to detain and question individuals anywhere, including university campuses.

 

Read the DHS 287(g) Overview

Which Florida Universities Are Participating?

 

As of mid-April 2025, at least five  major public universities in Florida have confirmed partnerships with ICE:

 

University 287(g) Status Visa Revocations Reported
University of Florida (UF) Signed 8 students
University of South Florida (USF) Signed Unknown
University of Central Florida (UCF) Signed Unknown
Florida Atlantic University (FAU) in Boca Raton Signed Unknown
Florida International University (FIU) Signed 18 students

 

FIU’s participation in the 287(g) program has raised concerns among students and faculty, particularly given the university’s diverse student body. Approximately 68% of FIU’s students are Hispanic, and nearly 600 are beneficiaries of the Deferred Action for Childhood Arrivals (DACA) program.

 

The decision to involve campus police in immigration enforcement has led to fears of increased scrutiny and potential targeting of international and undocumented students.

 

According to the Department of Homeland Security (DHS), a total of 200 law enforcement agencies in Florida currently have active 287(g) agreements, and over 40 more agreements are pending.

 

Joshua Glanzer, FAU spokesperson, stated:

“All state schools are expected to comply with the governor’s directive.”

For data on visa/Sevis revocations see this.

Governor DeSantis’s Executive Order: What It Means for Universities

 

On February 19, 2025, Gov. Ron DeSantis issued the Governor’s Feb directive, an executive order instructing all state law enforcement agencies — including university police — to enforce federal immigration law under 287(g). The order emphasized:

 

  • Prioritizing removal of undocumented individuals
  • Empowering campus police to interrogate and arrest based on immigration status
  • Participation in 287(g) programs
  • Full cooperation with ICE detainer requests
  • Monthly reporting of immigration enforcement activity
  • Penalizing institutions that fail to comply

 

Read the Executive Order

What Are the Implications for International Students?

 

The consequences for international students and immigrants on campus are significant:

 

  • Increased Surveillance: Students may face questioning over their status for minor infractions or based on profiling. Florida universities, including the University of Florida, are partnering with U.S. Immigration and Customs Enforcement (ICE) to implement the 287(g) agreement. This allows university police to detain and interrogate individuals suspected of being in the country illegally, reflecting a broader push by state leaders to align with federal immigration policies.
  • Revoked Visas: UF has already confirmed that eight international students had their visas revoked.
  • Deportation Risks: Even minor campus disciplinary issues could now trigger federal immigration actions.

 

A Growing Trend of Student Visa Revocations and Deportations

 

The ICE-campus partnership comes amid a significant rise in student visa revocations across the U.S. According to CNN data:

 

  • More than 950 students, researchers, and faculty have lost their visas or SEVIS registration, in 2025 alone
  • These revocations span 170  colleges and universities
  • Many are due to minor infractions, including years-old misdemeanors

Data from Insider Higher indicates that 18 international students at Florida International University had their visas or SEVIS revoked this semester; 18 international students at University of Florida suffered similar events. Students and faculty say the enforcement effort is having a chilling effect on campus life and academic freedom.

What is a SEVIS Termination?

 

SEVIS (Student and Exchange Visitor Information System) is the database used by U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) to track and manage international students (F, M visas) and exchange visitors (J visas) in the U.S. A SEVIS termination typically results in the student becoming “out of status,” which can lead to visa revocation, loss of legal presence, and potential removal proceedings.

Key Updates and Trends:

 

  • Widespread Impact Across Universities: According to data compiled by Inside Higher Ed, over 950 international students and recent graduates across more than 170 colleges and universities have had their legal status changed or revoked since January 2025. These actions have affected both undergraduate and graduate students, as well as recent alumni on Optional Practical Training (OPT).
  • Minor Infractions, Major Consequences: Many terminations and revocations are based on relatively minor issues, such as technical SEVIS errors, missed credits, outdated medical records, or previous misdemeanors. In some cases, students have reported being unaware that their SEVIS status was terminated until they were stopped at airports, had visa interviews denied, or faced unexpected ICE contact.
  • Targeting of Specific Groups: While international students of all backgrounds have been affected, disproportionate scrutiny appears to be placed on students from countries with Muslim-majority populations, politically active students, and those involved in protests or online political expression. DHS has also hinted that students who post “anti-American or anti-Semitic” views online may be flagged for additional screening.
  • Institutional and Legal Pushback: Colleges and universities have expressed concern about the opaque and often retroactive nature of these terminations. Many institutions have said they were not notified when a student’s SEVIS status was terminated, and that DHS is not always providing clear reasons. Legal experts have raised alarms about due process violations and the chilling effect on free speech.
  • Student Response: Affected students have described being blindsided by the revocations, suddenly cut off from housing, classes, and employment. Some are seeking legal help to reinstate their SEVIS records or challenge visa denials. Others are withdrawing from campus life out of fear, deleting political content from social media, or avoiding international travel.
  • Expanded Immigration Enforcement Authority: The 287(g) program has granted campus police expanded immigration enforcement authority, allowing them to collaborate with ICE. This shift has led to increased anxiety among students, particularly international students, who fear that minor infractions could lead to severe consequences. Universities are now navigating the complexities of this new enforcement landscape, which marks a significant departure from previous policies that treated educational institutions as ‘sensitive locations.’

 

 Case Spotlight: Mahmoud Khalil and the Columbia Crackdown

 

The Florida developments are part of a wider pattern under the Trump administration targeting foreign nationals involved in political activism.

 

  • Mahmoud Khalil, a Columbia University graduate student, was arrested by ICE in March outside his New York apartment.
  • He had participated in campus protests related to the Gaza conflict.
  • Under the 287(g) program, campus police are empowered to serve and execute warrants for immigration violations, which has raised concerns about the extent of their authority.
  • A Louisiana immigration judge (who is not part of an independent judiciary but is an employee of Trump’s Department of Justice) upheld the administration’s case for deportation, citing grounds tied to “foreign policy opposition.”

 

Similar incidents are raising alarms about political surveillance and suppression of speech under immigration pretexts. This case is being seen by many as a political crackdown on student dissent.

Student Protests Erupt in Response

The decision has sparked reactions from students and community members. For instance, Jennica Charles, a political science student at FAU and daughter of Haitian immigrants, expressed concern about the potential for racial profiling and the erosion of trust between students and campus police.

 

Similarly, student protests have emerged in response to recent deportations of international students following minor infractions, highlighting the heightened anxiety within immigrant communities on campus.

 

At the University of Florida, backlash has been swift. On Wednesday, students rallied in Gainesville to protest the deportation of a Colombian international student.

 

According to WCJB News, students say the partnership with ICE is creating a climate of fear and uncertainty:

“Our classmates are afraid to speak, afraid to show up to class. Immigration enforcement should not be part of student life.”

 

Concerns raised by students and staff include:

 

  • Fear of racial profiling by campus police
  • Increased anxiety among international and undocumented students
  • Potential withdrawal from campus life and support services
  • Suppression of speech and political expression due to fear of surveillance

 

University and State Government Response

 

Campus leaders have largely framed the ICE partnerships as a matter of compliance with state law and campus safety, emphasizing the involvement of the federal government in these agreements:

 

  • USF spokesperson Michael Lavelle: “All state law enforcement agencies, including university police, are expected to follow the governor’s directive.”
  • Governor’s Office: Referred questions to the Florida Board of Governors, which oversees the state’s public university system.

 

Cassandra Edwards, speaking for the Board, stated:

“University police departments are encouraged to work with law enforcement entities to enforce both state and federal laws.”

Wrong Answer: Rather Than Aggressive Crackdown, Universities Should Protect Their Foreign Students

 

As international students across the U.S. face a wave of visa revocations and SEVIS terminations, Universities are facing a crossroads: how to care for the well-being of foreign students who are in an emotional and sometimes legal crisis.

 

Rather than partnering with a lawless federal administration that is violating the civil rights of immigrants, and becoming complicit with those civil and human rights violations, U.S. universities should be standing strong to protect their foreign students. If approved, these universities would be among the first to be granted such authority under a federal program, indicating a significant policy change and the implications for campus safety and student welfare.

 

Designated School Officials (DSOs) and International Student Officers (ISOs) are the individuals who head the International Student Offices on Campus. They are more critical than ever. These professionals serve as the bridge between students and federal immigration authorities—and in today’s climate, that bridge must be built on compassion, trust, and proactive advocacy.

 

Here’s what a truly supportive and professional DSO or ISO should be doing to help students who are afraid that their F-1 visa has been revoked, or that their SEVIS record has been or may be terminated.

1. Create a Safe, Nonjudgmental Space for Questions and Concerns

 

Students facing immigration uncertainty are often paralyzed by fear. Some are afraid to even walk into the international student office. A professional DSO should:

  • Reassure students that seeking help will not trigger enforcement action.
  • Emphasize confidentiality and respect.
  • Hold dedicated office hours for immigration crisis concerns.
  • Avoid bureaucratic language and speak in clear, empathetic terms.

2. Proactively Monitor SEVIS Records and Notify Students of Irregularities

It is not enough to react. A good DSO should:

  • Regularly review SEVIS alerts and flag any changes or errors.
  • Immediately notify a student of any warning, hold, or pending termination.
  • Explain clearly what a SEVIS termination means, and what steps are available to resolve or reinstate.

3. Stay Up to Date and Share Accurate Legal Guidance

DSOs are not immigration attorneys, but they can—and should—be knowledgeable, accurate, and transparent. They should:

  • Understand current DHS, ICE, and SEVP guidance.
  • Know when to refer students to qualified immigration attorneys.
  • Avoid making guarantees or legal judgments, but provide resources and referrals.
  • Stay updated on national trends like mass visa revocations and apply them to campus-specific risks.

4. Assist With SEVIS Reinstatement and Leave of Absence Guidance

If a SEVIS termination has occurred or is imminent, a DSO must be ready to:

  • Explain the SEVIS reinstatement process, including forms, timelines, and risks.
  • Guide the student through options such as re-enrollment or transfer to another SEVP-approved school.
  • Help the student understand the implications of leaving the U.S. and attempting to return on a new I-20.

For reference, DSOs should review and share the DHS SEVIS reinstatement overview:
tudy in the States – Reinstatement

5. Maintain Open Communication With Campus Stakeholders

When a student’s status is in jeopardy, it often affects their housing, financial aid, academic enrollment, and mental health. A DSO should:

  • Coordinate with academic advisors, residence life, and counseling services.
  • Educate other departments on how to respond appropriately to F-1 status issues.
  • Advocate for flexibility from instructors and administrators when needed.

6. Empower Students With Knowledge and Resources

A proactive DSO equips students, not just manages crises. This includes:

  • Hosting workshops on visa compliance, political expression, and SEVIS rules.
  • Sharing guides like the NAFSA Adviser’s Manual.
  • Encouraging students to consult legal counsel if they suspect a visa has been revoked.

 

 

In a time when immigration policies are shifting rapidly and unpredictably, Colleges and Universities must serve not just as bureaucratic gatekeepers, but as compassionate allies and professional guides. A student’s visa status can determine their education, their future, and even their safety. The best colleges will meet that responsibility with urgency, care, and unwavering commitment to the students they serve.

 

History will not judge Florida state universities well.

 

What Should Students Do If They’re At Risk?

 

If you are an international student, particularly on an F-1, J-1, or OPT visa, here are steps you should take immediately:

  • Consult an immigration attorney
  • Avoid unnecessary interactions with campus or local police
  • Know your rights – Never sign documents or consent to searches without understanding the implications.– Visit Immigrant Legal Resource Center for helpful guides.
  • Prepare a deportation defense plan if you fear your status may be revoked
  • Contact an immigration attorney if you or someone you know has been questioned by ICE or university police.
  • Monitor FOIA requests and campus meeting minutes related to ICE cooperation

Download a Free “Know Your Rights” Guide (PDF) (link simulated)

 

 

Deeper Dive:  What Is 287(g)?

Understanding the 287(g) Program: A Deep Dive into Local-Federal Immigration Partnerships

 

What Is the 287(g) Program?

The 287(g) program stems from Section 287(g) of the Immigration and Nationality Act (INA), passed as part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996. It allows state and local law enforcement officers to work with federal immigration authorities (ICE) to identify, detain, and begin removal proceedings against noncitizens.

 

How Does the Program Operate?

Through formal Memoranda of Agreement (MOAs) with the Department of Homeland Security (DHS), participating local law enforcement officers are “deputized” to carry out federal immigration duties. As of December 2024, ICE maintained active 287(g) agreements with 135 agencies across 21 states.

 

Powers Given to Deputized Officers Include:

·        Checking individuals’ immigration status

·        Accessing DHS databases

·        Issuing detainers

·        Creating and managing removal case files

·        Issuing Notices to Appear (NTAs)

·        Recommending detention or voluntary departure

·        Transferring detainees to ICE custody

 

Under the 287(g) program, these deputized officers, now acting as immigration officers, have the authority to perform immigration enforcement activities on campus. These participating officers can question individuals suspected of being in the country illegally and execute warrants for immigration violations, significantly shifting the role of campus police towards immigration enforcement.

 

MOAs can be terminated by either party and may or may not include expiration dates.

Types of 287(g) Agreements

 

1.     Jail Enforcement Model (JEM):

o   Officers question arrestees in jail about immigration status

o   Issue immigration detainers

o   60 JEM agreements exist as of Dec. 2024

 

2.     Warrant Service Officer Model (WSO):

o   Officers execute ICE warrants in jails

o   No authority to conduct interviews

o   75 WSO agreements are active as of Dec. 2024

 

Discontinued Models:

·        Task Force Model

·        Hybrid Model These were discontinued in 2012 due to efficiency and resource concerns.

 

Evolution of the Program

·        2009: ICE standardized all MOAs

·        2013: MOAs updated after DHS OIG recommendations

·        2020: Revised MOAs removed expiration dates and loosened training requirements

·        Budget peaked at $68 million (FY2010-2013), but declined to $24 million by FY2022

 

Training Requirements

·        Deputized officers must be U.S. citizens and pass ICE background checks

·        Complete 4-week course at FLETC ICE Academy in Charleston, SC

·        Topics include immigration law, ICE systems, cultural sensitivity, and profiling prevention

·        Must score at least 70% to qualify

·        Refresher training is optional, max once every 2 years

·        WSO training: 8 hours only, conducted by ICE field offices

 

Financial Burdens on Localities ICE covers:

·        Training travel and materials

·        IT infrastructure at local agencies

Local governments must cover:

·        Officer salaries and benefits

·        Administrative costs

·        Detention costs (partially reimbursed by SCAAP, which remains underfunded)

 

Jurisdiction Selection

Agencies interested in joining submit requests to ICE. While ICE claims to evaluate capacity and benefit, a 2021 GAO report criticized ICE for prioritizing quantity over strategic benefit.

Major Issues with the 287(g) Program

1.     Racial Profiling:

o   DOJ found systemic Latino targeting in Maricopa County, AZ and Alamance County, NC, where officers could interrogate any person believed to be undocumented

o   Texas A&M research shows profiling even in neighboring areas

o   Florida SB1808 now mandates 287(g) participation for all jail-operating law enforcement

2.     Low-Level Offender Targeting:

o   Half of detainers were for misdemeanors or traffic offenses (MPI)

o   North Carolina: 33-57% of those detained had traffic violations

3.     High Costs:

o   Mecklenburg County: $5.3M in first year

o   Alamance County: $4.8M in first year

o   Prince William County, VA: $6.4M first year, $26M over five

o   Maricopa County: $1.3M deficit in three months due to overtime

o   Resulted in property tax hikes and public service cuts

4.     Reduced Community Trust:

o   IACP and MCCA report immigrants fear contact with police, undermining public safety

o   Law enforcement officials say it deters crime reporting and cooperation

5.     Oversight and Accountability Failures:

o   2021 GAO report: No performance metrics, weak monitoring

o   2010 OIG report: ICE failed to ensure MOA compliance or supervise properly

o   Poor planning and staff shortages hindered ICE’s ability to manage partnerships

Interaction with Other Programs

·        Secure Communities: Fingerprints sent to ICE databases after arrests

·        Criminal Apprehension Program (CAP): ICE agents screen inmates directly

·        287(g) overlaps with these programs, complicating enforcement transparency

The 287(g) program has reshaped how local police interact with immigrant communities, but at significant social, financial, and civil rights costs. While it continues to be expanded in states like Florida, oversight and community resistance persist.

 

Frequently Asked Questions (FAQs) on Florida universities entering into 287(g) agreements

 

What is a 287(g) agreement?A 287(g) agreement is a partnership authorized under Section 287(g) of the Immigration and Nationality Act. It allows DHS/ICE to delegate limited immigration enforcement authority to state and local law enforcement agencies—including, in this case, campus police at Florida public universities.

Which Florida universities have entered into 287(g) agreements?As of April 2025, the University of Florida (UF), University of South Florida (USF), University of Central Florida (UCF), and Florida Atlantic University (FAU) have confirmed or are reported to have entered into 287(g) agreements. Florida International University (FIU) is also reported to be participating. These schools confirmed their participation and have signed similar agreements to enhance collaboration on immigration enforcement efforts.

What powers do university police receive under a 287(g) agreement?Trained officers may be authorized to:

  • Question individuals about immigration status
  • Serve and execute immigration warrants
  • Make arrests for immigration violations
  • Begin removal proceedings These powers vary depending on the type of 287(g) agreement (Task Force, Jail Enforcement, or Warrant Service Officer models).

Does the agreement mean ICE will have an active presence on campus?Not necessarily. Under 287(g), ICE trains campus police officers, who then act under ICE supervision. ICE agents themselves may not be physically stationed on campus, but they will coordinate with campus police.

Can university police detain students solely based on suspected immigration status?If authorized under 287(g), officers may question and detain individuals suspected of being in the U.S. unlawfully. However, they must still adhere to constitutional protections, including probable cause and due process.

Do these agreements apply to undocumented students, DACA recipients, or international students on visas?Yes. Anyone who falls under immigration scrutiny—undocumented immigrants, Deferred Action for Childhood Arrivals (DACA) recipients, or F-1/J-1 visa holders—could be affected by immigration enforcement if a violation or suspicion arises.

Are university campuses still considered “sensitive locations” where immigration enforcement is discouraged?No. The Biden administration had previously considered schools “sensitive locations,” but under renewed Trump-era policies, that protection has been rolled back. 287(g) agreements further erode the notion that campuses are exempt from enforcement.

Can a university refuse to enter into a 287(g) agreement?In theory, yes. Florida law mandates certain types of cooperation, especially for sheriff and detention offices, but does not explicitly require university police to join 287(g). However, Governor DeSantis has issued directives strongly pressuring all state law enforcement entities—including university police—to participate.

Are students being notified when their campus police enter into 287(g) agreements?There is no federal or state requirement to inform students, and many universities have not proactively notified students or held public forums. News has often emerged through media investigations or public records.

Can faculty or administrators intervene or advocate against these agreements?Yes. Faculty senates, student governments, and academic leadership can issue public statements, organize advocacy campaigns, and request transparency from university administration.

How might this affect international student enrollment and recruitment?Foreign students may avoid applying to or enrolling at schools with immigration enforcement agreements. It may also affect a school’s international reputation and partnerships with foreign institutions.

Will this affect students’ access to campus services or make them more reluctant to seek help?Yes. Experts warn that students may avoid academic support, counseling, or reporting crimes due to fear of exposure to immigration enforcement. This undermines campus safety and student well-being.

What happens if someone is mistakenly targeted by campus police under 287(g)?Individuals wrongfully detained or questioned may pursue legal remedies, but it can be difficult to reverse enforcement actions quickly. Legal counsel should be contacted immediately, especially immigration attorneys experienced in 287(g) and removal defense.

Can student protests or political speech lead to immigration scrutiny under 287(g)?Potentially. Under enhanced vetting policies, political activism or online posts are sometimes used to justify visa denials or revocations. 287(g) does not specifically target protestors, but increased surveillance and enforcement increase risks for politically active students, especially noncitizens.

Does this mean students can be arrested for simply being out of status?Yes. Being unlawfully present in the U.S. is a civil violation but can lead to arrest under immigration law. 287(g)-trained officers may arrest noncitizens even without criminal charges if there is an immigration violation.

How can students find out if their SEVIS or visa status has been flagged?Students should monitor their SEVIS records, communicate regularly with their Designated School Official (DSO), and check with U.S. embassies or consulates if abroad. Sudden issues at ports of entry or visa appointments may indicate problems.

What should international or undocumented students do if they feel unsafe?They should:

  • Contact a trusted DSO or international student advisor
  • Seek legal help from an immigration attorney
  • Avoid unnecessary interactions with campus police
  • Document any encounters and stay informed about their rights

Where can students and faculty learn more or get help?

Can these agreements be reversed or challenged legally?Yes, though it’s difficult. Legal challenges can be brought under state or federal law, particularly if civil rights violations occur. Political pressure from students, alumni, donors, and faculty may also influence universities’ participation in 287(g).

Conclusion: A Chilling Shift in Campus Policing

 

Florida’s integration of university police into federal immigration enforcement through 287(g) signals a sharp turn toward criminalizing immigrant presence on campuses. As these agreements unfold, students—particularly international and undocumented ones—face heightened vulnerability to deportation, racial profiling, and suppression of political expression.

 

This policy also raises constitutional concerns around due process, discrimination, and freedom of speech — especially in the context of academic institutions.


 

 

Get Help Now: Why You Should Contact Attorney Richard Herman

 

The stakes for immigrant students and scholars have never been higher. If you’ve been targeted for immigration enforcement — or fear you might be — speak with a trusted immigration lawyer immediately.

If You’re at Risk, Consult an Immigration Attorney Richard Herman Now

 

For students, scholars, and campus employees affected by these new policies — particularly if you’re on an F-1, J-1, OPT, or dependent visa — it is essential to:

 

  • Seek a legal review of your immigration status
  • Prepare a response strategy in case of ICE interaction
  • Ensure you’re protected during protests or political activity

 

Richard Herman is one of the nation’s leading immigration attorneys and founder of the Herman Legal Group. He regularly defends students in SEVIS termination, ICE detention, and visa revocation cases.

Why Choose Herman Legal Group:

  • Over 30 years of legal experience
  • Specialists in student and scholar defense
  • Knowledgeable in ICE policy, SEVIS reinstatement, and political targeting
  • Multilingual attorneys and staff
  • Available for virtual or in-person consultations nationwide

 

Book a confidential consultation by arranging it online now:

Call: (800) 808-4013

For updates and student resources

 

·        American Immigration Council: The 287(g) Program Overview

·        ICE: Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act

·        Presidents’ Alliance on Higher Education and Immigration


Social Security Lists Thousands of Immigrants as Dead: Trump Administration’s Error in Federal Database

 

Move cancels Social Security numbers, cuts off access to work and services, and aims to force immigrants to leave the U.S. (referred to as “Digital Murder”)

 

 

The Trump administration has launched a covert strategy to pressure thousands of immigrants to leave the United States by marking them as deceased in federal records.

 

  • More than 6,000 immigrants who had previously been granted legal presence under Biden-era humanitarian parole or similar programs have been added to the Social Security Administration’s (SSA) “Death Master File.”
  • Their Social Security Numbers (SSNs) have been revoked or frozen, making it impossible to:
    • Work legally
    • Open or use bank accounts
    • Access credit, housing, or healthcare
    • Receive any federal or state benefits
    • Use health insurance
    • Maintain housing
    • Receive retirement or disability benefits
    • Face frozen bank accounts and blocked credit cards
    • Risk school enrollment barriers for their children

 

Devin O’Connor, from the Center on Budget and Policy Priorities, called the move “unprecedented.”

“This is the first time in modern history that people have been falsely added to death rolls deliberately.”

 

Kathleen Romig, Director of Social Security Policy at Center for Budget and Policy Priorities:

“This is not about undocumented immigrants. This is targeting people who were lawfully admitted.”

 

Elizabeth Huston, White House Spokesperson:

“President Trump promised mass deportations. By removing the monetary incentive for illegal aliens to come and stay, we will encourage them to self-deport.”

 

Who Is Being Targeted and Why?

 

According to internal government documents reviewed by The Washington Post and The New York Times, the administration is focusing on:

  • Immigrants with legitimate SSNs who have lost legal status due to Trump revoking Biden-era parole programs
  • Those flagged as “suspected terrorists” or convicted criminals (initially)
  • But officials admit the policy could soon expand to anyone without legal status

 

Immigrant advocates have strongly opposed this policy, labeling it as ‘digital murder’ and highlighting its detrimental effects on legally residing immigrants, emphasizing the broader implications for privacy and rights.

 

The orders came directly from Homeland Security Secretary Kristi Noem and Acting SSA Commissioner Leland Dudek, under the premise of “national security.”

More on Targeted Immigrants: Who Are They?

 

Although the administration has not released official criteria, the individuals appear to be part of a larger group of immigrants who:

  • Entered the U.S. legally under Biden’s temporary parole programs
  • Used the CBP One mobile app, a government tool created to facilitate lawful entry and asylum claims
  • Were previously granted work authorization and two-year stays

 

More than 900,000 people used the CBP One app, and many of them are now at risk of being labeled as deceased in the SSA database.

 

According to unnamed Trump administration officials, about 6,300 immigrants were added to the DMF after being flagged by the Department of Homeland Security (DHS). These individuals were reportedly on a terrorism watch list or had FBI criminal records—claims not supported by public evidence.

 

The DHS and the Treasury Department use cross verification against tax records to identify and deport individuals deemed to be in the U.S. illegally. This collaboration represents a significant escalation in tracking immigrants through financial information.

 

It is believed that most of the SSN terminations were for individuals granted humanitarian parole status, meaning they had been legally allowed to remain in the U.S. temporarily. On April 8, Customs and Border Protection (CBP) officially terminated their parole status with written notice

 

Related Resource:

CBP One App Overview from DHS

A Form of “Digital Murder”

 

Immigration policy experts describe this action as a form of “digital murder” that denies people the right to exist within legal and bureaucratic systems. This policy violates privacy rules meant to protect personal data, raising significant legal and ethical concerns.

 

Martin O’Malley, SSA Commissioner under Biden said: “It’s illegal on so many scores… If Trump and Musk can ‘digitally murder’ anyone who entered legally, they can do it to anyone.” The Biden-era commissioner referred to the practice as a form of “digital disappearance, where government systems erase a person’s existence with no due process.

 

As Fatima Hussein of the AP wrote, this isn’t about immigration paperwork anymore. It’s about erasure.

 

Key Concern: This is happening without notice or due process for many of the individuals involved.

Undocumented Workers Pay Billions Into the System

 

Many of the targeted immigrants have paid into Social Security for years. Institute on Taxation and Economic Policy (ITEP):

 

Undocumented immigrants paid $26 billion in Social Security taxes in 2022 alone.

 

Losing access to Social Security numbers cuts off immigrants from many financial services, affecting their ability to work and receive benefits.

 

Despite this, they are now being denied access to benefits funded by their own labor.

Can Immigrants Legally Receive Social Security?

 

Yes—but with limitations. Immigrants may:

  • Obtain SSNs if they have valid work authorization or green cards
  • Pay into Social Security through payroll taxes
  • However, they typically cannot receive retirement benefits until:
  • 40 quarters (10 years) of work are completed, or
  • After five years of permanent residency

 

Additionally, losing a Social Security number can affect access to certain government benefits, impacting financial stability.

 

Despite contributing billions in taxes annually, many immigrants are excluded from receiving the benefits they pay into.

 

Explore SSA’s Guide to Noncitizen Benefits

A Snapshot of the Death Master File

  • More than 142 million death records in the most complete federal database
  • Dates back to 1899
  • Typically updated by funeral homes, hospitals, or family reports
  • Used by banks, employers, insurers, and credit agencies

SSA Quietly Renames the “Death Master File”

 

In recent days, the SSA renamed its **“**Death Master File”—a longstanding database used to track deceased individuals and prevent fraud—to the “Ineligible Master File.”

 

  • This rebranding allows the agency to label living immigrants as “ineligible” based on false dates of death, multiple sources confirmed.
  • This policy raises significant concerns about the integrity of social security data, as it can lead to the misclassification of legally residing immigrants.
  • Once an individual is added:
  • Their SSN is deactivated.
  • Benefits are cut off.
  • Employers and banks see them as deceased or invalid.
  • Restoration can be “long and challenging,” according to SSA’s own internal guidance.

 

SSA Resource on Erroneous Death Reporting

 

Who Else Could Be Next?

 

There’s growing concern that this policy could expand far beyond its initial targets.

 

This policy is part of a broader effort by the Trump administration to tighten immigration controls, including the classification of living immigrants as dead to encourage their departure and restrict access to essential services.

At-risk groups include:

  • Immigrants with legal work permits
  • Those in the Enumeration Beyond Entry (EBE) program (a process that assigns SSNs after immigration approval)
  • Foreign workers or green card holders who haven’t reached the five-year Social Security benefit eligibility mark

 

Federal employees say SSA staff are bracing for the policy to grow—and fear further misuse of federal records.

How This Policy Affects Everyone

 

·        Sets a dangerous precedent: Renaming a death-tracking tool as a tool of exclusion could be replicated for other marginalized groups.

The Trump administration’s decision to classify thousands of living immigrants as dead will significantly hinder their ability to access basic services, such as banking, that require a Social Security number.

·        Expands surveillance and enforcement powers: What begins with immigrants could be expanded to other disfavored groups.

·        Erodes trust in public data systems: Mistaken entries or malicious inclusion could destroy lives with no due process.

Political and Civic Backlash

 

The policy drew sharp rebukes from Democratic lawmakers, Social Security experts, and immigrant rights advocates:

 

Sen. Ron Wyden (D-OR) – Senate Finance Committee:

“This raises the prospect of the Trump Administration stealing legally earned Social Security benefits from American citizens.”

 

Nancy Altman, president of the group Social Security Works, called the tactic:

“an outrageous abuse of power. Imagine losing your income, health insurance, access to your bank account, your credit cards, and your home—all in one keystroke.”

 

Two House Democrats, Reps. John Larson (D-CT) and Richard Neal (D-MA), issued a statement condemning the act as “digital murder.”

“The Trump administration’s weaponization of Social Security is shocking and unconscionable. If they cancel the Social Security number of one person, where do they stop?”

 

Legal Authority and Controversy

 

The Social Security Administration’s Death Master File typically includes only confirmed deaths. Under the Privacy Act, SSA can share information only in specific circumstances, such as:

  • To law enforcement during active investigations
  • When national security is at risk
  • With permission from the individual

 

Marking someone as dead without evidence violates both the Privacy Act and due process protections under the U.S. Constitution.

 

Read about SSA’s policies on disclosure

Critics Call It a Weaponized Abuse of Federal Power

 

 

Martin O’Malley, former SSA Commissioner under Biden, warned: “If they can do this to immigrants who legally entered the country, they can do it to anyone. This is a digital police state.”

 

The Trump administration’s move to classify thousands of living immigrants as deceased for the purpose of canceling their Social Security numbers is part of a broader crackdown on immigration, raising significant concerns about governmental overreach and the affected individuals’ access to essential services.

 

Legal experts warn this action could violate:

  • The Social Security Act, which governs how records are updated and used
  • The Administrative Procedure Act
  • The Fifth Amendment due process rights
  • Federal privacy protections under the Privacy Act of 1974
  • ”Administrative Overreach: Critics argue this exceeds SSA’s authority under the Social Security Act.
  • Discriminatory Targeting: The inclusion of only immigrants, not U.S. citizens, raises Equal Protection concerns.

 

Skye Perryman, CEO of Democracy Forward, criticized the move: “This President continues to engage in lawless behavior, violating the law and abusing our systems of checks and balances.” Her organization is preparing litigation once more details are released.

 

Aaron Reichlin-Melnick, American Immigration Council: “This is utterly unprecedented. And it has HUGE potential for error. People who are legally here may be wrongly declared dead.”

 

Sen. Ron Wyden (D-OR), ranking member of the Senate Finance Committee, stated: “This move steals legally earned benefits and violates due process. Declaring someone dead in the system is nearly irreversible—especially now that Elon Musk’s team has gutted SSA’s customer service.” Legal advocacy groups expect a flurry of lawsuits.

Potential for Error—and Malice

 

Experts are raising serious alarms about data integrity: “If the data isn’t perfect, legally present people will be falsely declared dead,” warned Aaron Reichlin-Melnick of the American Immigration Council.

 

Thousands of living immigrants have been placed into the Social Security Administration’s ‘Death Master File’, with affected individuals newly added facing significant challenges in accessing basic services and maintaining legal rights in the U.S. This policy sets a dangerous precedent:

 

  • Misclassification becomes nearly impossible to fix.
  • There is no transparent appeals process for those affected.
  • Federal officials are changing how identity databases are used—without Congressional oversight.

Inside SSA: A General Breakdown in Functionality

 

SSA’s acting commissioner Leland Dudek, who has overseen rapid staffing cuts and field office closures, reportedly emailed staff that the “financial lives” of the immigrants being marked as dead would be “terminated.”

 

Additionally, recent administration tracking efforts have intensified, with the Department of Homeland Security taking actions to monitor and identify immigrants through various means, including the sharing of tax data between the IRS and ICE.

Internal chaos at SSA:

  • Field offices overwhelmed with visitors demanding explanations
  • Jammed phone lines and malfunctioning websites
  • Widespread fear of benefits being stripped from seniors and disabled Americans

 

One lawmaker accused Dudek of retaliating against the State of Maine, after its governor criticized Trump.

 

IRS Sharing Immigrant Tax Data With ICE

 

In another alarming move, DHS and the Treasury Department signed a deal this week enabling the IRS to share immigrants’ tax data with Immigration and Customs Enforcement (ICE).

  • ICE can now request names and addresses of suspected undocumented immigrants
  • IRS will cross-reference the data with tax filings

 

The acting IRS commissioner, Melanie Krause, abruptly resigned following public backlash over the deal.

 

More on this:IRS-ICE Data Sharing Agreement

DOGE and Elon Musk’s Role

 

The Department of Government Efficiency (DOGE)—a task force led by Elon Musk—has reportedly played a key role in database changes, including:

  • Renaming the Death Master File
  • Reorganizing SSA digital infrastructure to facilitate cross-agency data sharing
  • Promoting AI surveillance models to detect “fraud” in benefit systems

 

Additionally, the task force has been involved in cutting federal jobs as part of its broader mandate to reduce the size of government.

 

In another case, a federal judge recently blocked a controversial task force, led by billionaire Elon Musk and tasked with reducing the size of government, from accessing SSA databases. The judge described the effort as a “fishing expedition” into Americans’ private data.

 

Musk has previously made unsubstantiated claims that immigrants are abusing Social Security and that Democrats are using it to “import voters.”

 

Tied to Larger Anti-Immigrant Agenda

 

This action aligns with other Trump-era revival efforts, including:

  • Alien Enemies Act used to justify detention and deportation
  • Mass deportations to countries like El Salvador, where some returnees have been imprisoned
  • Attacks on Diversity, Equity, and Inclusion (DEI) programs
  • Moves to ban anti-racist curriculum and academic freedom

 

Various Trump administration efforts related to immigration policy, such as classifying living immigrants as deceased to strip their Social Security numbers, were tactics to encourage self-deportation among immigrants who were permitted to remain in the U.S. under prior administrations, illustrating a broader crackdown on temporary legal statuses.

 

As one columnist wrote: “This is the new McCarthyism—with immigrants as the first targets.”

Meanwhile, a Judge Blocks Deportations of Other Groups

 

A federal judge temporarily blocked Trump’s plan to expel hundreds of thousands of Cubans, Haitians, Nicaraguans, and Venezuelans who had been given temporary legal status under the Biden administration. The court determined that mass deportation without individualized review could violate due process rights.

What You Can Do If You’re Affected

 

If your Social Security number has been marked inactive or invalid:

 

·        Request a copy of your SSA record to verify if you’re listed as deceased: SSA Request Records

It is crucial to take steps to protect Social Security benefits, especially in light of recent policies that may affect access and integrity.

·        Submit a Freedom of Information Act (FOIA) request to see what data DHS or SSA has on you https://www.dhs.gov/foia-request-submission-form

  • Reach out to your congressional representatives to demand oversight of SSA and ICE collaboration

·        Report privacy violations to the Electronic Privacy Information Center (EPIC): EPIC Privacy Complaints

·        Seek legal help from an experienced immigration attorney if you believe your Social Security number has been deactivated or you receive notice of parole termination.

Stay Informed and Mobilized

 

To stay updated and protect your rights:

 

 

Frequently Asked Questions (FAQs):  Social Security Administration’s reclassification of thousands of living immigrants as “dead”


General Overview

What exactly did the SSA do to immigrants under this new policy?
The SSA, under direction from the Trump administration and at the request of DHS, added the names and Social Security numbers of over 6,000 living immigrants to the “Death Master File,” now renamed the “Ineligible Master File.” This file is typically used to record individuals who have died. Being listed in it disables a person’s Social Security number, effectively cutting them off from employment, financial services, and government benefits.

Why is the Trump administration doing this?
According to the White House, the intent is to remove the “monetary incentive” for immigrants to stay in the U.S. by stripping them of the ability to work and access services. The administration hopes this will encourage them to “self-deport.”

Who are the people being targeted?
The policy initially targets immigrants who:

  • Entered the U.S. under Biden-era parole programs (such as CBP One)
  • Had temporary legal status and valid work authorization
  • Are alleged (without disclosed proof) to have FBI records or be on the terrorist watch list

Impact on Individuals

What happens when someone is listed as “dead” in the SSA system?
Their SSN is invalidated. As a result, they can no longer:

  • Legally work in the U.S.
  • Collect Social Security or public benefits
  • Access or use most financial services
  • File taxes using that SSN
  • Be verified in E-Verify or credit reporting systems

Can banks freeze your accounts if the SSA marks you as dead?
Yes. Financial institutions rely on the Death Master File to prevent fraud. If your SSN is listed there, banks may freeze your accounts, deny loan applications, or close credit lines.

Can someone lose housing or school access because of this?
Potentially. Many landlords, school systems, and service providers rely on valid SSNs to verify identity. Losing your SSN could disrupt lease agreements or prevent enrollment.

Can affected immigrants still pay taxes or file tax returns?
No. Once an SSN is classified as deceased or ineligible, the IRS systems may reject tax filings under that number.

Will benefits like Medicaid, food assistance, or disability be cut off?
Yes. These benefits often require a valid SSN for eligibility and continued verification.


Legal and Due Process Issues

Is it legal for the government to declare someone dead if they’re alive?
Legal experts argue that this policy may violate:

  • Due process rights under the 5th Amendment
  • Privacy protections under the Privacy Act of 1974
  • Administrative Procedure Act rules governing lawful agency action

Are people being notified before their SSNs are revoked?
Some individuals reportedly received written notice of parole termination, but many were not given adequate warning or opportunity to contest the action before being added to the file.

Is there an appeals process or way to challenge the SSA’s action?
There is no clear public appeals process specific to this classification. However, individuals can:

  • File a formal correction request with the SSA
  • Submit a Freedom of Information Act (FOIA) request to understand their classification
  • File lawsuits or request federal court injunctions with legal counsel

What if this happened by mistake? Can the error be corrected?
Mistaken death reporting is extremely difficult to reverse. SSA has stated that “erroneously reported” deaths are “long and challenging” to correct, often requiring legal documentation and intervention.


Broader Implications

Does this policy affect only undocumented immigrants?
No. The individuals targeted had legal status at the time they received SSNs. Many had valid work permits or parole authorization, and some may still be lawfully present.

Could this policy be applied to other immigrant groups in the future?
Yes. Experts warn this sets a precedent. It could expand to target:

  • Immigrants with green cards or visas
  • Refugees and asylees
  • U.S. citizens if errors or political motives are involved

Is this an isolated SSA policy, or part of a larger crackdown?
It is part of a coordinated federal effort that includes:

  • Terminating CBP One parole programs
  • A DHS-IRS agreement to share immigrant tax data with ICE
  • SSA system changes under the Department of Government Efficiency (DOGE)

Is this policy permanent or can it be reversed?
A future administration or court ruling could reverse it. Lawsuits are being prepared by civil rights groups to challenge its legality.


Next Steps and Remedies

How can an affected person check if they’ve been listed as dead?
There is no public portal to confirm SSA classification. Affected individuals may notice:

  • Denial of work authorization renewals
  • Bank account access issues
  • Credit rejections or notices from employers

What can affected immigrants do immediately?
They should:

Can an attorney help fix the problem?
Yes. An experienced attorney can:

  • Submit legal appeals
  • Request record corrections
  • Help protect work authorization and immigration status
  • Challenge the SSA action in federal court if needed

Should someone affected stop working or leave the country?
Not without speaking to an attorney. Voluntary departure may negatively impact future immigration options. A legal review is essential before taking action.


Where to Get Help and Stay Informed

What organizations are helping challenge this policy?

  • American Immigration Council
  • ACLU
  • Democracy Forward
  • National Immigration Law Center (NILC)

How can I stay informed about policy updates or lawsuits?

  • Sign up for alerts from advocacy groups
  • Monitor the Federal Register for agency rulemaking
  • Follow reliable immigration law resources like AILA

Can I contact my representative about this issue?
Yes. Contacting your members of Congress can increase oversight and public accountability. Constituents can urge investigations or demand legislative safeguards.

 

 

 

Why Legal Help Is Essential

 

Navigating this sudden bureaucratic purgatory requires experienced legal help. A joint task force, such as Joint Task Force Southern Border, plays a significant role in immigration enforcement, highlighting the intersection of military operations and immigration policy. Consider speaking to a skilled immigration attorney, especially if:

 

  • You entered the U.S. through CBP One
  • You hold a work permit based on parole
  • You’ve received IRS or SSA notices suggesting deactivation
  • You face pressure to “self-deport”

Consult Attorney Richard Herman: An Ally for Immigrants Under Attack

 

If your SSN has been flagged or you’ve lost work authorization, you need expert legal support now.

 

The federal government plays a significant role in implementing policies that impact immigrants, including the revocation of social security numbers.

 

Richard T. Herman of the Herman Legal Group is nationally recognized for fighting back against unlawful immigration enforcement.

Why choose Herman Legal Group:

 

  • Over 30 years defending immigrant rights
  • Deep experience in Social Security and immigration interface
  • Experts in FOIA, litigation, and administrative appeals
  • Multilingual, compassionate legal team
  • Nationwide consultations available

 

Go Online to Schedule a Consultation

 

 Call:  1-800-808-4013

Resources for Affected Immigrants

·        Herman Legal Group – Immigration Attorneys

·        National Immigration Law Center (NILC)

·        Immigrant Legal Resource Center (ILRC)

·        American Immigration Council

·

IRS to Share Data With ICE: Alarm Over Privacy and Tax Filing by Undocumented Immigrants

IRS Commissioner Resigns, Shake-Up in IRS Leadership

 

What was once unthinkable—sharing IRS data with immigration enforcement agencies—is now a reality.

 

In a move that could reshape the relationship between immigrant taxpayers and the federal government, the Internal Revenue Service (IRS) has entered into a new agreement on April 7, 2025 with Immigration and Customs Enforcement (ICE) that allows immigration officials to access confidential tax data, including addresses, tax identification numbers (ITINs), and other sensitive financial details

 

The agreement—disclosed in a court filing on April 8—represents a significant departure from long-standing IRS policy that has historically protected taxpayer privacy, even from other federal agencies.

 

This change has sent waves of concern through immigrant communities, especially those who have relied on the tax system to prove good moral character or compliance with federal laws, even while lacking legal status.

 

This agreement, disclosed in court documents filed by IRS Chief Privacy Officer Kathleen Evey Walters, is already under legal scrutiny from immigrant rights groups.

 

The deal was revealed during ongoing litigation brought by Centro de Trabajadores Unidos and Immigrant Solidarity DuPage, two organizations advocating for immigrant workers. They filed suit against Treasury Secretary Scott Bessent, seeking to halt the IRS from releasing taxpayer data to ICE without clear legal authority.

 

Read the full Memorandum of Understanding here (IRS-ICE MOU)

Key Details of the IRS–ICE Agreement

 

The MOU outlines a new data sharing arrangement between the IRS and the Department of Homeland Security, where ICE can request tax data to identify individuals in the U.S. without legal status. The IRS will review such requests and track disclosures, though large portions of the agreement remain heavily redacted.

 

Key details include:

 

  • Date Signed: April 7, 2025
  • ICE can request names, addresses, and ITINs of undocumented immigrants under 26 U.S.C. § 6103(i)(2) for use in criminal investigations
  • Scope: Only applies to individuals with a final order of removal or those under investigation for specific federal criminal offenses
  • Allows ICE to send targeted requests for the IRS to verify personal and financial information of suspected undocumented immigrants.
  • Data will be used to cross-verify tax records with DHS systems to locate and target individuals for deportation.
  • The IRS is expected to document and approve each request, but critics warn there are few clear boundaries in place.
  • Applies only to individuals believed to be “unlawfully present” in the U.S., especially those accused of benefit fraud or identity theft.
  • Framed as a tool for criminal investigations, although critics argue it will mainly be used for immigration enforcement.
  • IRS Status: As of signing, no taxpayer data had been transferred to ICE

“They’re hiding in plain sight using someone else’s identity,” said Acting ICE Director Todd Lyons during the 2025 Border Security Expo in Phoenix (which is not true if the undocumented taxpayer filed for an ITIN under her/his own legal identity).

Information ICE could obtain includes:

 

  • Home addresses
  • Income and earnings data
  • Dependent and family member details
  • ITIN (Individual Taxpayer Identification Number) records

 

This data, once protected under strict confidentiality laws, can now be disclosed under a legal exception in federal tax law—26 U.S.C. § 6103(i)—which allows for limited information sharing for criminal investigations.

Why This Agreement Is Controversial

 

Possible Violation of Privacy Laws: IRS attorneys reportedly advised against the MOU, warning it could breach taxpayer confidentiality protections. The circumstances risk breaking privacy laws, which could lead to both criminal and civil penalties for IRS officials.

 

Leadership Fallout: Acting IRS Commissioner Melanie Krause resigned in protest after objecting to the agreement.

 

Departure from IRS Tradition: Historically, the IRS has avoided sharing sensitive data, especially from undocumented immigrants who file using ITINs (Individual Taxpayer Identification Numbers).

 

Immigrant tax filers contribute billions annually through ITINs — even though they are excluded from most benefits like Social Security, Medicare, or refundable tax credits.

 

Why This Matters for Immigrant Taxpayers

 

For years, the IRS has encouraged undocumented immigrants to file taxes using ITINs, assuring them that doing so wouldn’t jeopardize their safety. Millions of immigrants have filed in good faith, contributing to vital government programs like Social Security and Medicare, even though they are ineligible to receive these benefits. However, a new IRS-DHS data-sharing agreement aims to identify undocumented immigrants who are unlawfully collecting benefits they aren’t entitled to.

 

According to the Institute on Taxation and Economic Policy, undocumented immigrants contribute over $96 billion annually in federal, state and local taxes in 2022.

 

Now, that trust is being undermined.

Why This Feels Like a Betrayal

 

For decades, immigrants—documented or not—have paid taxes in good faith using ITINs, even though they are excluded from many public benefits. That relationship was built on the promise of confidentiality. The new MOU threatens to erode that trust by opening the door for immigration enforcement to access and weaponize that data.

 

 

 

What This Means for Undocumented Immigrants

 

Increased Risk of Surveillance: The IRS has long served as a firewall between tax compliance and immigration enforcement. This agreement blurs that line.

 

Chilling Effect on Tax Filing: Immigrants who lack legal status may now fear that filing taxes could lead to detention or deportation. However, it remains crucial for undocumented immigrants to continue to file tax returns using ITINs, as this compliance allows them to contribute to federal programs despite lacking Social Security numbers.

 

Potential for Targeted Enforcement: ICE can now access financial and address data for immigrants under deportation orders or criminal investigations, which could lead to workplace or home raids.

Why This Agreement Is So Dangerous

 

  • Erodes trust in institutions designed to serve everyone, not surveil them
  • Criminalizes civic participation, like tax filing
  • Targets vulnerable communities, even those without any criminal record
  • Signals a shift toward more aggressive data-driven immigration enforcement

How Tax Filing Works for the Undocumented

 

  • ITIN Filers: Many undocumented immigrants voluntarily file taxes using an ITIN (Individual Taxpayer Identification Number, issued under their real name)
  • Benefits to the U.S.: These taxpayers contribute over $96 billion annually, bolstering public programs they can’t personally access.
  • Historically Protected: Filing taxes was viewed as a civic duty, not a risk.

Legal Battle Looms: Is the Deal Even Lawful?

 

The federal government insists the MOU is legal, citing exceptions in the Internal Revenue Code for criminal investigations. But opponents, including Public Citizen and legal scholars at the NYU Tax Law Center, argue that it poses a significant risk to all taxpayers and that violates:

  • 26 U.S.C. § 6103 – Protects taxpayer confidentiality
  • Administrative Procedure Act – For improper agency action
  • Due process protections under the Constitution

 

They also emphasize that the agreement potentially violates privacy protections established by longstanding laws.

 

Public Citizen is currently suing to block the agreement in federal court.

Legal and Advocacy Response

 

Immigrant rights organizations argue the MOU:

  • Undermines trust in tax systems
  • Exposes families to surveillance and deportation
  • Violates existing privacy protections under federal law

 

Litigation is ongoing, with courts now evaluating whether the IRS has legal authority to allow such data-sharing without explicit congressional authorization.

New and Emerging Questions

 

Concern

Impact

Legal Status Could be scrutinized based on tax filings
Family Members Risk of collateral targeting
Data Use Scope May expand beyond deportation orders
Effect on Tax Compliance Could reduce filings by ITIN holders

Background: A New Wave of Immigration Enforcement

 

The deal is part of President Donald Trump’s broader immigration crackdown, which includes mass deportations, workplace raids, and invoking outdated legal authorities like the Alien Enemies Act to remove Venezuelan migrants. As part of this larger nationwide immigration crackdown, the IRS is sharing immigrants’ tax data with Immigration and Customs Enforcement (ICE).

The Trump administration has prioritized using data-sharing among federal agencies to identify, detain, and deport immigrants—even if they are contributing members of society who pay taxes.

IRS Leadership in Crisis After Data-Sharing Deal with ICE

 

Melanie Krause, the IRS acting commissioner, is stepping down amid growing backlash over a Treasury-backed deal to share immigrant taxpayer data with Immigration and Customs Enforcement (ICE).

 

According to two anonymous sources familiar with the situation, Krause is resigning in protest after Treasury Secretary Scott Bessent and Homeland Security Secretary Kristi Noem finalized the agreement on April 7, 2025. She is expected to officially resign by April 28, utilizing the agency’s Deferred Resignation Program, according to insiders.

 

Krause took over in February 2025 after previous acting commissioner Douglas O’Donnell retired amid controversy over DOGE (Department of Government Efficiency) access to taxpayer data.

Who Else Is Leaving the IRS?

 

Sources say that several top IRS officials are also stepping down over the same concerns, including:

  • Kathleen Walters, IRS Chief Privacy Officer
  • Teresa Hunter, Chief Financial Officer
  • Mike Wetklow, Chief Risk Officer

 

Walters’ resignation, like Krause’s, is tied directly to the IRS-DHS agreement and was also filed through the Deferred Resignation Program.

 

In addition, the IRS Chief Counsel’s office also saw a shake-up: William Paul was removed and replaced by Andrew De Mello, an attorney reportedly aligned with the Trump administration’s more aggressive stance.

What the Government Is Saying

 

A Treasury spokesperson defended the agreement as a tool to streamline investigations into waste, fraud, and criminal behavior while enhancing data coordination between federal agencies:

 

“We’re breaking down silos that have blocked efforts to bring criminals to justice.”

 

A Treasury official, speaking anonymously, claimed the agreement rests on “longstanding authorities granted by Congress” and does not affect law-abiding taxpayers. However, it is crucial for both the IRS and ICE to adhere to good administrative practices while carrying out their duties to ensure compliance with privacy laws and regulatory frameworks.

ICE Says It’s About Major Criminal Cases

 

Speaking at the Border Security Expo in Phoenix, acting ICE director Todd Lyons claimed the agreement will help ICE find individuals abusing government benefits or using stolen identities. The agreement is framed as a means to streamline efforts to pursue criminals violating immigration laws.

 

“We’re targeting people who are hiding in plain sight,” Lyons said. “This is strictly for major criminal cases.”

Critics Say the Deal Violates Federal Privacy Protections

 

Legal experts and immigration advocates are pushing back hard. The NYU Tax Law Center warns the agreement:

  • Threatens the privacy of all Americans, not just immigrants
  • Conflicts with federal statutes like 26 U.S.C. § 6103, which strictly limit IRS data disclosure
  • Could expose IRS officials to civil or criminal penalties for unlawful sharing
  • Raises concerns about wrongful disclosure of tax information, which could lead to significant legal repercussions for IRS officials involved

 

“It’s hard to see how the IRS could legally release this information,” NYU researchers wrote.

 

Expert Warnings: Legal and Constitutional Red Flags

 

Policy and legal experts have issued harsh warnings:

  • Tom Bowman, from the Center for Democracy and Technology, said the deal jeopardizes tax compliance among immigrant communities and opens the door to future data abuses in other federal programs.
  • The NYU Tax Law Center declared the agreement likely violates taxpayer privacy statutes and could result in criminal and civil sanctions for any IRS official who authorizes unlawful data disclosures.

“The IRS-DHS deal threatens the privacy of not just immigrants, but all Americans,” the center wrote.

Privacy vs. Enforcement: What the Memo Actually Says

 

The agreement claims that:

 

  • IRS and ICE “will perform their duties in a manner that enhances privacy”
  • All data use will be “consistent with laws, regulations, and administrative practices”

 

But critics say this language is vague and inadequate, given the stakes for immigrants who have trusted the IRS with their personal information.

Impact on Immigrant Taxpayers and Broader Society

 

Who Is Affected?

 

  • Undocumented immigrants using Individual Taxpayer Identification Numbers (ITINs)
  • Mixed-status families who file jointly
  • U.S. citizens and legal residents who may become collateral damage in the IRS’s expanded surveillance

 

Undocumented taxpayers are increasingly fearful of filing tax returns due to an IRS plan to share their information with ICE, potentially leading to detainment.

 

 

Potential Consequences:

  • Tax compliance may drop as immigrants fear providing data to the government
  • Trust in IRS neutrality erodes, threatening the overall tax system
  • Legal challenges are likely to escalate, with immigrant rights groups and privacy advocates preparing lawsuits

 

Legal and Ethical Concerns Within the IRS

 

The agreement has caused significant turmoil inside the IRS:

 

  • Top IRS legal officials reportedly warned that the deal may violate federal confidentiality laws
  • The IRS chief counsel was demoted, reportedly in connection with pushback against the policy
  • Critics argue the agreement marks a dangerous erosion of taxpayer privacy
  • Tax law experts express concerns that the agreement may violate longstanding privacy laws protecting individual tax information and could lead to legal repercussions for IRS officials involved in the data sharing

“This is unprecedented,” said Nina Olson, former National Taxpayer Advocate and now executive director of the Center for Taxpayer Rights. “Tax data was never meant to be weaponized for immigration enforcement.”

Potential Impacts on Communities and the Economy

 

 

If the policy is implemented, it could result in:

 

  • A sharp drop in tax compliance from undocumented immigrants
  • More under-the-table employment, weakening labor protections and tax revenues
  • Loss of billions in annual tax revenue
  • Greater fear and isolation among mixed-status families
  • Erosion of trust in government institutions that rely on voluntary compliance

 

Undocumented immigrants may stop filing taxes, fearing surveillance or detention.

 

This undermines a tax system that relies on voluntary compliance and could cost billions in unreported tax revenue.

Current Status: No Data Shared Yet, But Lawsuits Underway

 

Despite public concern, the IRS confirmed that no tax data has yet been transferred to ICE under the MOU. However, several immigrant rights organizations have already filed lawsuits to block the agreement, arguing that it violates both federal law and constitutional rights to due process and privacy.

 

Legal analysts expect these challenges to move quickly through the courts given the potential impact on millions of families.

What Immigrant Taxpayers Should Know Right Now

 

If you’re an immigrant who uses an ITIN or is concerned about your tax data:

 

  • No data has been shared yet. As of now, the IRS has not disclosed any taxpayer information to ICE under this agreement.
  • Legal challenges are in progress. Advocacy groups are working to stop the policy before it takes effect.
  • Seek legal advice. Speak with a qualified immigration attorney before making decisions about whether to file taxes.
  • Filing taxes still shows good moral character, which can be essential in many immigration applications, including green card or cancellation of removal cases.

 

How Will This IRS/ICE Deal Impact California?

Undocumented Californians: Vital to the Economy, Now at Risk

 

California is home to approximately 1.8 million undocumented immigrants, who comprise about 7% of the state’s workforce and contribute significantly to agriculture, service industries, and small businesses. Many, like Maria—a tax consultant in Southern California—have used Individual Taxpayer Identification Numbers (ITINs) to pay taxes for years.

“Now they ask me, ‘Should I even file my taxes?’” Maria said. “There’s a deep fear that doing the right thing will get them deported.”

Maria, who has U.S. citizen children and has lived in the U.S. for decades, continues to file taxes and encourages clients to do the same—but she admits it feels like a betrayal.

Betrayal of Trust: The Core of the Backlash

 

For years, the IRS maintained that data submitted by ITIN holders—often undocumented immigrants—would not be used for immigration enforcement. That implicit promise built a fragile but crucial trust between immigrant communities and the government.

 

But the new IRS-ICE deal changes everything.

 

  • It allows ICE to cross-reference tax records with immigration data to locate undocumented individuals.
  • The federal government argues this is legal under criminal enforcement exceptions, citing immigration violations such as illegal reentry or overstaying final removal orders.
  • Critics argue the deal has no meaningful guardrails, despite claims that all data transfers will be tracked and justified.

California Officials Warn of Fiscal and Civic Fallout

 

California Senator Alex Padilla denounced the deal as a “complete betrayal,” saying it reverses a long-standing commitment not to use tax data for immigration enforcement. He warned of billions in lost tax revenue if fear drives immigrants away from filing.

“This agreement will only make communities more fearful—and make the economy less secure,” said Senator Adam Schiff, who called the data sharing “lawless” and demanded oversight.

 

Gov. Gavin Newsom’s office expressed disbelief at the hypocrisy:

 

“So now the Trump administration is admitting undocumented immigrants pay taxes and help our economy?” asked spokesperson Diana Crofts-Pelayo.

A $8.5 Billion Economic Stake

 

According to the Institute on Taxation and Economic Policy (ITEP), undocumented Californians contributed over $8.5 billion in state and local taxes in 2022—more than any other state. Fear that tax data could be used to deport them may now reverse years of civic progress and economic integration.

 

Rudy Espinoza, Executive Director of Inclusive Action for the City, whose organization supports immigrant entrepreneurs, said the deal could devastate local economies. One-third of his organization’s loan recipients are undocumented small-business owners with ITINs.

 

“If ITINs are no longer safe, these entrepreneurs will retreat from the formal economy,” he said.

Fear on the Ground: Businesses, Families, and Civic Engagement Threatened

 

Doug Smith, vice president of policy at Inclusive Action, said many immigrants believed that paying taxes and obeying the law would help them one day legalize their status. Now, that belief is crumbling.

“People feel like the system lied to them. They did everything right—and now they’re targets.”

 

The fear is particularly strong in mixed-status families, where U.S. citizen children live with undocumented parents. Community engagement, small business participation, and civic trust are all at risk.

California Responds with Legislative Pushback

 

In response to the federal move, State Senator Maria Elena Durazo introduced legislation to block cities and counties from sharing vendor data, including taxpayer or immigration status information, with ICE—unless required by a court order.

“This agreement undermines decades of trust,” she said. “We will not let the Trump administration destroy what we’ve built with fear.”

Bigger Crackdown: Not Just Taxes

 

The IRS-ICE agreement is part of a larger enforcement campaign:

  • Registration demands for all undocumented individuals
  • Surveillance of sensitive locations, including churches, courthouses, and schools
  • Expansion of ICE operations into historically protected community spaces

These developments have triggered a wave of community patrols, legal aid expansions, and lawsuits from immigrant rights organizations.

FAQs: IRS and ICE Data-Sharing Agreement and Its Impact on Immigrant Taxpayers

What is the IRS–ICE data-sharing agreement?
The IRS–ICE agreement, formalized through a Memorandum of Understanding (MOU) on April 7, 2025, allows the Internal Revenue Service (IRS) to share taxpayer information with Immigration and Customs Enforcement (ICE). This includes data on individuals who are under immigration investigation or have final orders of removal. The agreement represents a major shift in tax confidentiality policy, particularly affecting undocumented immigrants who have filed taxes using ITINs.

Did the IRS really agree to share data with ICE?
Yes. Under the agreement, ICE can request specific taxpayer information from the IRS as part of investigations involving criminal or immigration law violations. This could include:

  • Home and mailing addresses
  • ITIN numbers
  • Financial transaction history

Does ICE get access to everyone’s tax records?
Not automatically. ICE must submit a request, and the IRS decides whether to approve it. However, the lack of transparency and clear rules makes this policy open to misuse.

. When did this go into effect?
April 8, 2025. Although the policy is active, it is already facing legal challenges, and implementation could be delayed or altered based on the outcome of court cases.

Is it still safe for immigrants to file taxes?
It depends on your situation:

  • If you have a pending immigration case, filing taxes may not expose new information.
  • If you are undocumented with no active case or past immigration enforcement contact, the risk of ICE using updated tax data (like your address) to locate you is higher.

What are the risks?

  • ICE could use current addresses or income data to track down individuals for detention or deportation.
  • Filing taxes could unintentionally provide updated location data to DHS.
  • Immigrants without status or pending protections may be most vulnerable.

What are the benefits of filing taxes?
Filing taxes is still important and beneficial for many reasons:

  • Shows good moral character, critical in many immigration applications
  • May qualify you for tax credits or refunds
  • Helps you avoid penalties or legal trouble for failing to file
  • May support claims in removal proceedings or asylum cases

What should I do right now?

  • Stay calm – ICE does not have real-time access to tax filings.
  • Get legal advice – Speak with an immigration attorney about your specific case.
  • Stay informed – Follow updates from trusted legal service providers and advocacy organizations.

Is this agreement even legal?
Many legal experts believe this MOU violates long-standing taxpayer privacy protections. Legal organizations are already suing to stop or overturn the policy, arguing that the agreement:

  • Contradicts 26 U.S.C. § 6103, which restricts IRS data sharing
  • Endangers constitutional rights
  • Could lead to civil and criminal liability for officials who enforce it

Read about §6103 protections

 

What type of information can ICE request from the IRS under this agreement?
ICE may request taxpayer data such as home addresses, income details, employer information, and dependent data. This could include information submitted via Individual Taxpayer Identification Numbers (ITINs) by undocumented immigrants who are not eligible for Social Security numbers.

Has any taxpayer data already been shared with ICE?
As of the most recent court filings, the IRS has not yet disclosed any taxpayer data to ICE under this new MOU. However, the agreement is active, and data sharing could begin at any time if a request is made and approved.

How does this affect immigrants who file taxes using ITINs?
Immigrants who file using ITINs may now face the risk that their tax information could be accessed by ICE and used in immigration enforcement proceedings. This could affect people with no immigration status, especially those with prior removal orders or who are under ICE scrutiny.

Can ICE request data on any immigrant, or only specific individuals?
The agreement limits requests to cases involving individuals under criminal investigation or subject to final orders of removal. However, critics argue the criteria are vague and could be interpreted broadly, increasing the risk of overreach.

Will this agreement impact mixed-status families?
Yes. If one member of a family is undocumented and uses an ITIN to file jointly or claim dependents, the IRS data could contain addresses and names of family members, including U.S. citizen children or relatives with legal status.

Could this agreement lead to increased ICE enforcement actions, such as home raids or workplace arrests?
Potentially, yes. If ICE gains access to accurate address and employment data through IRS records, they could use that information to locate and detain individuals for immigration violations.

What are the risks of continuing to file taxes under this agreement?
While tax compliance is still legally required, the perceived risk of filing has increased. Immigrants may fear that providing updated information to the IRS could lead to enforcement actions. However, failure to file taxes may create other legal risks, including jeopardizing immigration relief applications.

Are there any benefits to continuing to file taxes with an ITIN despite this agreement?
Yes. Filing taxes can demonstrate good moral character, support eligibility for certain immigration benefits, and help individuals avoid penalties for noncompliance. It may also be necessary for those pursuing adjustment of status or cancellation of removal.

How are immigrant rights organizations responding to the agreement?
Numerous advocacy groups have condemned the agreement and filed lawsuits to block it. They argue that it violates taxpayer privacy laws and undermines years of efforts to encourage immigrant tax compliance. Legal challenges are ongoing in federal courts.

What are state and local governments saying about the agreement?
Officials in states with large immigrant populations—especially California—have voiced strong opposition. They warn that the policy could deter tax filings, lead to billions in lost revenue, and damage long-standing trust between immigrant communities and government agencies.

Is this the first time the IRS has shared tax data for immigration enforcement?
Yes. While the IRS has shared information for criminal investigations in the past, this marks the first formal agreement to provide data to ICE specifically for immigration enforcement purposes. Historically, the IRS has operated under a strict “firewall” policy to prevent such disclosures.

How could this agreement affect state-level tax compliance and economic stability?
If immigrants stop filing taxes out of fear, states like California—which receive billions in tax contributions from undocumented workers—could see major revenue losses. The formal economy may also suffer if more workers move into cash-only or off-the-books employment.

Can the IRS be held legally accountable for sharing tax data with ICE?
IRS officials may face legal consequences if data is disclosed in a way that violates federal privacy laws. The IRS and Treasury Department argue they are following lawful exceptions, but legal scholars warn that those exceptions may not apply to many immigration scenarios.

What should undocumented immigrants do if they are concerned about their tax information being shared?
They should consult with a qualified immigration attorney. Legal professionals can assess whether filing taxes poses an immediate risk based on the individual’s immigration history and advise on possible protections or relief options.

Does the agreement apply to all immigrants, including those with legal status?
The agreement is intended to target individuals with immigration violations or final removal orders. However, individuals with legal status could still be affected if they are listed as dependents, spouses, or business partners on tax returns filed by undocumented individuals.

How can immigrants and advocates stay informed about this policy?
They can follow updates from trusted organizations such as:

What long-term impact could this agreement have on federal tax administration?
It may weaken public trust in the IRS, particularly among immigrant communities. Voluntary tax compliance could decline if taxpayers believe their data is no longer secure. This could also hinder future efforts to collect revenue and enforce tax laws fairly.

Can Congress reverse or block this agreement?
Yes. Congress has the power to amend the tax code, conduct investigations, and pass legislation to restrict or prohibit such inter-agency data sharing. Lawmakers in states like California have already called for congressional hearings and oversight.

Where can immigrants go for legal help right now?
They should seek assistance from immigration attorneys or legal aid organizations. For example:

Is there a deadline for implementation or is this already in effect?
The agreement is already active, but the IRS confirmed no information has been disclosed yet. Legal actions could delay or halt full implementation, depending on court rulings.

Will filing taxes in the future be different for undocumented immigrants?
Possibly. If the agreement stands, undocumented immigrants may need to make more careful decisions about whether and how they file taxes. Many may choose to consult attorneys before submitting future returns.

Could this policy change under a different presidential administration?
Yes. Future administrations could revoke the agreement, restore firewall protections, or issue new guidance limiting IRS-ICE cooperation. However, reversing the damage to public trust may take years.


 

 

What You Should Do If You’re an ITIN Filer or Undocumented Taxpayer

 

If you are undocumented and use an ITIN, especially in California:

Legal Insight: What Does the Law Say?

 

The IRS is governed by Section 6103 of the Internal Revenue Code, which generally prohibits disclosure of tax return information. However, exceptions exist for:

  • Criminal investigations authorized by a court
  • National security issues
  • Explicit statutory authorizations (e.g., Title 26 § 6103(i))

 

Critics argue that immigration enforcement does not fall within these exceptions, and that this agreement pushes the limits of what is legal.

Final Thoughts: The Stakes Are High

 

This agreement marks a dramatic policy change that could affect how millions of immigrants interact with the federal government. Advocates warn it could damage years of progress in immigrant integration, tax compliance, and community engagement.

At a time when trust in government institutions is already fragile, many fear that using IRS data for deportations could do long-term harm to immigrant families—and to the integrity of the tax system itself.

Need Legal Help? Contact Herman Legal Group Today

 

If you’re concerned about the risks of tax filing or immigration enforcement, the Herman Legal Group, led by nationally recognized immigration attorney Richard T. Herman, is here to help.

This dramatic shift in how the IRS handles data raises urgent concerns for undocumented immigrants and their families. If you have filed taxes using an ITIN, or if you are unsure about your risk exposure under this new agreement, now is the time to seek legal counsel.

The Herman Legal Group, led by immigration attorney Richard T. Herman, can help you:

  • Understand your rights under taxpayer privacy laws
  • Evaluate your risk of being targeted by ICE
  • Develop legal strategies to protect yourself and your family
  • Consider options for adjustment of status or deportation defense

Why work with the Herman Legal Group:

  • Over 30 years of experience in immigration and tax-related enforcement
  • Nationwide service with multilingual staff
  • Deep expertise in protecting immigrant rights in federal investigations
  • Proven results in removal defense, waivers, and adjustment of status

 

📞 Call 1-800-808-4013

🌐 Visit www.LawFirm4Immigrants.com

Protect your future. Schedule a consultation today.

Resources for Immigrants and Taxpayers

View the IRS–ICE MOU here
Learn more about ITIN filing from the IRS

26 U.S. Code § 6103 – Taxpayer Privacy Law

IRS ITIN Program

Center for Democracy & Technology Statement


USCIS Notice to Collect Social Media Identifiers on Immigration Forms: New Rule Would Expand Checks to Millions of Applicants

Digital Vetting Is the New Norm

 

 

If you’re applying for a green card, asylum, or even U.S. citizenship, your social media presence could soon become a key part of your application process.

 

The U.S. government is dramatically expanding its monitoring of immigrants’ social media presence as part of a broader effort to bolster national security and vetting procedures. Under a new proposal published in the Federal Register on March 5, 2025, the Department of Homeland Security (DHS) announced plans to require applicants for various immigration benefits—including green cards, asylum, and citizenship—to provide their social media identifiers (usernames and handles) when submitting immigration forms.

 

This policy is rooted in Executive Order 14161, signed by President Trump on January 20, 2025, which mandates stricter digital screening measures for all immigration applicants. This move resurrects and expands prior Trump-era vetting practices, explicitly targeting online activity to assess potential security risks.

 

However, civil rights advocates and immigration lawyers have raised concerns about privacy, surveillance, and freedom of expression.

Which Immigration Forms Will Be Affected?

 

The new policy will apply to nine immigration forms, impacting more than 3.5 million applications annually

 

This proposal applies to individuals filing various immigration forms, including green card applications, asylum applications, refugee admissions, and other benefit requests. Affected forms include:

Form Number Application Type Estimated Respondents
N-400 Naturalization 909,700
I-131 Reentry/Travel Docs 1,073,059
I-192 Advance Permission to Enter as Nonimmigrant 68,050
I-485 Adjustment of Status 1,060,585
I-589 Asylum 203,379
I-590 Refugee Application 106,200
I-730 Refugee/Asylee Relative Petition 13,000
I-751 Remove Conditions (Green Card) 140,000
I-829 Remove Conditions (Investor) 1,010

 

The public has until May 2025 to submit comments on the proposal via the Federal eRulemaking Portal.

Why Is USCIS Doing This?

 

This new initiative is based on Executive Order 14161, signed on January 20, 2025, titled: “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.”

 

It directs DHS, USCIS, and other federal agencies to– requires U.S. immigration agencies to adopt uniform, rigorous vetting standards such as:

 

  • Reinstate and expand vetting policies from the prior Trump administration
  • Intensify identity verification procedures
  • Identify “digital footprints” that may indicate public safety risks
  • Integrate data from international social media platforms (especially from China, Russia, and the Middle East)
  • Enhance national security screening processes

📄 Read the Federal Register Notice: DHS Notice on Social Media Collection

 

USCIS is proposing to collect social media handles used by applicants as part of a broader review of identity and eligibility.

  • The data may be used to evaluate:- Identity accuracy
  • National security risk
  • Grounds of inadmissibility
  • Potential threats to public safety
  • Verify applicants’ identities

 

View the Executive Order 14161 – Jan. 20, 2025 (90 FR 8451)

How Will Social Media Data Collection Be Conducted and Used?

 

USCIS will collect:

  • Only social media public usernames or handles
  • Names of the social media platform names: Applies to both U.S.-based and international platforms (e.g., Facebook, Twitter/X, TikTok, VK, WeChat)

 

Important:Applicants will not be asked to provide passwords. The government will only have access to public-facing content (unless they have a warrant)

 

This information will be used to:

  • Inform identity verification and validate the applicant’s identity
  • Check for affiliations or statements raising national security or public safety concerns
  • Assist in fraud detection and vetting

 

Important Note: USCIS states that submission of this data will be handled securely and in accordance with privacy protections.

📄 Read USCIS Privacy Notice

 

DHS says this data will be stored in Alien Files (A-Files), which are permanent immigration records.

What Happens Next?

 

After the public comment period ends:

  • USCIS and DHS will analyze submitted comments
  • A final decision will be made about whether to:
    • Adopt the proposal as a final rule
    • Modify the rule based on feedback
    • Withdraw the proposal entirely

 

If the proposal becomes final, updated immigration forms will likely include a dedicated section for listing:

  • Usernames or handles
  • Corresponding social media platforms (e.g., Instagram, X/Twitter, Facebook, TikTok)

 

Historical Context: This Isn’t the First Time

 

USCIS has monitored social media for years, with uscis social media monitoring being a key component of their surveillance practices. This latest rule would codify and extend that practice:

  • 2016: USCIS created a Social Media Division within its fraud detection unit, which is part of the National Security Directorate
  • 2017: Trump administration began “extreme vetting” practices; DHS formalized social media collection for immigrants
  • 2019: State Department began requiring social media info on visa applications (Forms DS-160 and DS-260).  That change stemmed from Executive Order 13780, signed in March 2017, which focused on “extreme vetting” and was part of broader efforts to block terrorist entry into the U.S.
  • 2021: Monitoring expanded to include Chinese and Russian platforms (WeChat, VK)
  • 2025: EO 14161 requires direct collection of social media handles on core immigration forms

 

These earlier efforts focused on collecting past 5-year social media histories.

 

Given that the current proposal continues this vetting approach under a second Trump administration, many legal analysts anticipate this new USCIS rule will likely be finalized and enforced.

📄 Read EO 13780: “Protecting the Nation from Foreign Terrorist Entry”

 

More on Why USCIS Collects Social Media Data

 

The stated purposes include:

  • Identity Verification: Confirming applicants are who they claim to be
  • Fraud Detection: Comparing social media data with application details
  • Relationship Validation: Reviewing couples’ social media to confirm bona fide relationships
  • Security Screening: Identifying connections to extremist or criminal groups
  • Character Evaluation: Looking for behavior indicating moral failings or unlawful conduct
  • Immigration Status Checks: Spotting unauthorized work or overstay admissions

 

Social media content may be cited in interviews, Requests for Evidence (RFEs), or as grounds for denial.

What Posts Could Raise Red Flags?

Immigration officers are particularly alert to:

  • Posts showing drug use, criminal behavior, or violence
  • Contradictions between your social media presence and application details, including potential immigration violations
  • Support for extremist ideologies or terrorist organizations
  • Relationship inconsistencies—e.g., married on paper but not online
  • Unauthorized employment posts (LinkedIn updates, freelance gigs)
  • Jokes or sarcasm involving threats to the U.S., which could be seen as a public safety threat
  • Profanity-laced posts targeting USCIS or U.S. officials

 

Even deleted posts or private group messages could be archived and accessed through third-party means.

Legal Privacy Protections Are Limited

 

Immigrants have minimal legal protection when it comes to social media surveillance, raising concerns about government overreach:

  • Immigration authorities have no comprehensive federal law restricting their use of public social media content
  • FTC: Can only act if companies breach their privacy policies
  • DHS has broad authority to collect and retain publicly available posts
  • States like California, Colorado, and Virginia offer stronger privacy rights—but not for immigration vetting
  • USCIS is not required to notify applicants when social media is reviewed

 

USCIS generally cannot access private messages without a warrant, but anything public is fair game.

Civil Liberties Risks: National Security Implications

  • The policy could chill free expression on social media platforms.
  • Individuals may be afraid to express personal, religious, or political views.
  • There are questions about how DHS will analyze language, sarcasm, or cultural context.
  • Freedom of Expression (First Amendment): Will applicants self-censor or be penalized for past political or religious posts? Posts taken out of context could lead to unjustified suspicion or benefit denials.
  • Possibility of bias: Cultural misunderstandings and language barriers could lead to misinterpretation
  • Right to Privacy (Fourth Amendment) Permanently storing online data in A-files raises concerns about surveillance overreach and public safety screening.
  • Due Process (Fifth Amendment) Vague guidelines could lead to arbitrary enforcement, particularly against vulnerable populations:
  • Muslim immigrants
  • Political activists
  • LGBTQ+ individuals
  • Journalists and dissidents

 

Other Concerns raised by advocacy organizations include:

  • Lack of transparency around review criteria
  • Chilling effect on political and religious speech
  • Bias in algorithmic or manual review of social media posts
  • Relationship verification processes could be misapplied, leading to unjustified suspicion or benefit denials

Civil rights groups such as the Electronic Privacy Information Center (EPIC) and Center for Democracy & Technology (CDT) are closely

More on constitutional concerns: ACLU on Immigration Surveillance

Lack of Clarity:

  • USCIS has not provided detailed rules on how handles will be reviewed, flagged, or adjudicated.
  • Vagueness in Review Standards: USCIS has not clarified how social media content will be evaluated or what constitutes a red flag.
  • Risk of Misinterpretation: Language differences, cultural context, sarcasm, or reposts could be misread and misunderstood by screeners.
  •  There is no list of which platforms are required (Facebook, TikTok, Reddit, etc.).

Other Concerns

 

The expansion of social media surveillance raises several issues:

  • Mass data collection: Millions of records could be stored and reviewed indefinitely
  • Lack of legal safeguards: U.S. privacy laws offer little protection for immigration applicants
  • Long-term storage: DHS retains social media data even after applicants naturalize
  • Information collection systems: USCIS’s initiative to gather social media information from applicants for immigration benefits is part of a directive under Executive Order 14161 to establish uniform vetting standards and enhance identity verification and national security screening

 

USCIS states that only publicly available posts are reviewed, but this includes content that was once public and later deleted or made private. This data collection is part of a rigorous vetting process to determine eligibility for immigration related benefits and to screen for any grounds of inadmissibility based on an applicant’s social media presence.

 

Groups such as the ACLU and Electronic Frontier Foundation (EFF) have expressed concern over similar DHS surveillance efforts in the past.

Key Points to Consider:

  • USCIS will only access public profiles unless already granted legal access through other channels.
  • This could raise concerns over freedom of expression, online privacy, and potential misinterpretation of content.
  • Applicants may feel pressured to sanitize or delete content from their accounts to avoid scrutiny.
  • Immigration attorneys are already advising clients to audit their online presence.

How Immigrants Can Protect Themselves

 

To avoid unnecessary delays or scrutiny:

  • Review all social media accounts before applying, as the government may collect social media handles to verify identities and assess potential security risks
  • Set posts to private where possible
  • Ensure consistency between immigration forms and online profiles
  • Do not delete accounts after submitting — it may raise red flags
  • Save screenshots of your online activity in case you’re asked to explain
  • Make your profiles private wherever possible
  • Remove outdated or inaccurate content
  • Avoid political rants or controversial humor
  • Be truthful and consistent across all platforms
  • Keep screenshots of all major profile content
  • Consider creating a professional-only account
  • Separate personal and professional accounts
  • Audit your digital footprint before filing
  • Never joke about fraud or threats—even in slang
  • Be prepared for employment verification by ensuring your work history and qualifications are accurately represented on platforms like LinkedIn

💡 Pro Tip: Consider consulting an immigration attorney before submitting applications involving sensitive digital history.

What Social Media Content Could Raise Red Flags?

 

SCIS may look for:

  • Inconsistencies between social media and immigration forms
  • Signs of unauthorized work or travel
  • Suspicious associations or posts
  • Sarcastic or humorous statements misunderstood as threats
  • Activity that contradicts relationship claims or visa status

 

Officers may use concerning content to:

  • Request interviews or documentation
  • Issue Requests for Evidence (RFEs)
  • Deny applications outright

Special Tips by Application Type

For Family-Based Applicants:

  • Ensure relationship info is consistent across platforms
  • Avoid interactions that suggest infidelity
  • Don’t use dating apps while applying
  • For family based immigration applications: Make sure posts show consistency with your relationship

For Employment-Based Applicants:

  • Match LinkedIn work history with I-140 or PERM application
  • Don’t advertise unauthorized side hustles
  • Make sure listed skills reflect your petition

FAQ on Proposed Rule by USCIS/DHS to Update Immigration Forms to Require Disclosure of SOcial Media Handles

What is the new USCIS/DHS rule regarding social media disclosure?The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), has proposed a rule to revise several immigration forms to require applicants to disclose their social media usernames or handles used within the past five years. This proposed new collection is intended to enhance security screening as part of implementing Executive Order 14161: “Protecting the United States from Foreign Terrorist Entry.”

Which immigration forms are affected by this proposed rule?The proposed rule affects at least nine USCIS forms, including applications for:

  • Adjustment of status (Form I-485)
  • Naturalization (Form N-400)
  • Work permits (Form I-765)
  • Advance parole (Form I-131)
  • Refugee and asylum benefits (Form I-589, Form I-730)
  • Nonimmigrant benefits (potentially including Form I-539 and Form DS-160 used at consulates)

What types of social media information must be disclosed?Applicants would be required to disclose:

  • Usernames and handles used on selected social media platforms
  • No passwords or private access credentials
  • No obligation to disclose anonymous or inactive accounts unless tied to the applicant’s identity

What platforms does USCIS consider relevant?USCIS lists a range of platforms that have been used in past vetting procedures, such as:

  • Facebook
  • Instagram
  • Twitter/X
  • YouTube
  • Reddit
  • TikTok
  • LinkedIn
  • WeChat
  • Telegram
  • Others may be added depending on global usage trends

How far back do applicants have to report their social media handles?Applicants are required to provide a five-year history of their social media use, even if they no longer use a platform.

What happens if an applicant forgets to disclose a social media handle?Failure to fully disclose could result in:

  • Delays or Requests for Evidence (RFEs)
  • Denial of the benefit for misrepresentation or incomplete application
  • Potential allegations of fraud if the omission is considered intentional

Can USCIS deny an application based on something posted on social media?Yes. Under the proposed rule, posts interpreted as supporting violence, terrorism, or hate speech, or expressing ideological or political views considered contrary to U.S. interests, could be used to:

  • Deny a green card or visa
  • Revoke or refuse renewal of a benefit
  • Initiate removal proceedings

Will this rule apply to U.S. citizens applying for benefits or petitions?No. The rule targets noncitizen applicants. However, U.S. citizen sponsors may have their social media reviewed as part of family-based petitions or background checks, especially in fraud detection contexts.

Does this rule violate the First Amendment?This is a highly contested issue. While DHS says it does not restrict free speech, advocacy groups argue that monitoring political, religious, or social expression chills free expression and may disproportionately target specific communities, including Muslims, Palestinians, and political activists.

Can posts in other languages be misinterpreted by USCIS or DHS?Yes. Posts made in non-English languages could be misunderstood or mistranslated, especially when taken out of context. Applicants may have limited recourse if denied based on such content.

Are private or deleted posts included?The government typically only accesses public-facing content. However, some social media platforms retain metadata or archive content, and DHS collaborates with other agencies that may use investigative tools or AI software to piece together deleted or obscured content.

Can I submit explanations or clarifications about my social media posts?Not initially. The form update does not currently include space for explanations. However, if USCIS issues an RFE or Notice of Intent to Deny (NOID) based on a post, you may submit clarifying statements or affidavits.

Is this social media data stored permanently?USCIS is required to store immigration records, including application data, for extended periods—potentially decades. Social media handles and activity could become part of a permanent government record, even after naturalization.

Will social media surveillance apply to children?Yes. If minors are applicants or beneficiaries (e.g., on family-based green cards), they may be required to disclose social media usage if DHS determines that their online activity is relevant to screening.

Can DHS access my private messages or group chats?No passwords are requested, and private messaging is not officially included in the scope of collection. However, if your content is shared in public or semi-public groups, DHS may review it.

Are refugee or asylum applicants included in this requirement?Yes. Asylum seekers and refugees are among the groups expected to disclose their social media activity. This has sparked concern among legal advocates who fear retraumatization or unjust scrutiny of anti-regime posts made from exile.

Can USCIS interpret satire or jokes as serious threats?Yes. Without context, sarcasm, satire, or jokes (especially about violence or political topics) can be misread. There are no specific safeguards to distinguish between humorous and threatening content unless the applicant is given a chance to explain.

Will USCIS use AI to analyze social media data?Potentially. DHS has invested in machine learning, artificial intelligence, and social media analytics to detect patterns, keywords, and potential red flags, but the full scope is not publicly disclosed.

What are the risks for activists or political dissidents?Applicants who have shared posts critical of governments, including the U.S., or who have supported controversial causes or movements, may be flagged. There is growing concern that activism, anti-genocide protests, or pro-Palestinian speech may be misinterpreted as national security threats.

Can I delete my social media accounts before applying?You can, but USCIS still asks for historical handles used within the past five years, even if the accounts no longer exist.

Will USCIS notify me if social media content affects my case?Not necessarily. In many cases, decisions citing national security or public safety grounds are made without full disclosure of the evidence, especially if sourced from intelligence databases.

What legal remedies do I have if I am denied based on social media content?You may:

  • File an appeal or motion to reopen/reconsider
  • Submit evidence rebutting the allegations
  • Request FOIA records to find out what content was used
  • Sue the government if you believe your rights were violated

Are there legal challenges to this policy?Yes. Civil rights groups such as the ACLU and Electronic Frontier Foundation have challenged similar vetting programs in the past, arguing they are overbroad, discriminatory, and lack due process protections.

How can I protect myself when applying for immigration benefits?

  • Review your social media history for the last five years
  • Avoid political commentary if concerned about scrutiny
  • Limit public access to posts or switch to private settings
  • Consult an immigration attorney if you believe past content could raise concerns

To stay updated on this policy and to view or comment on the proposed rule:Visit the Federal Register Docket on Social Media Collection and search for “USCIS social media identifiers” or “DHS social media surveillance.”

Conclusion: Digital Vetting is the New Normal

The expansion of digital surveillance in immigration cases reflects a broader national security shift under Trump’s 2025 executive orders. If implemented, this policy could significantly alter how green card, asylum, and naturalization cases are reviewed—making your online presence a potential deciding factor.

Need Help Navigating Social Media Risks in Immigration? Consult Attorney Richard Herman

If you’re applying for immigration benefits and worried about how your social media presence might be interpreted:

Schedule a consultation with Attorney Richard Herman and the Herman Legal Group.

With decades of experience in immigration law, they can help you:

  • Understand what DHS and USCIS look for online
  • Prepare and review social media history for red flags
  • Defend your free speech rights and digital privacy
  • Respond to RFEs or NOIDs involving online content

 

 Why Choose Richard Herman?

  • Over 30 years of experience in U.S. immigration law
  • Deep understanding of DHS vetting policies
  • Nationally recognized advocate for immigrant rights
  • Personalized guidance for green card, asylum, and visa applicants

Schedule a confidential consultation:

📞 Call now at 216-696-6170
💬 Online Scheduling a Consultation or Call 1-216-696-6170

Downloadable Resources:


Immigration to Screen Social Media for Anti-Semitism: U.S. Initiative Raises Alarm Among Rights Groups

 

The U.S. government, under the Trump administration, has announced a new policy to scrutinize social media activity of immigrants and visa applicants for content it deems antisemitic, including support for antisemitic terrorism and promoting or supporting antisemitic behavior. The move is drawing strong criticism from free speech advocates, civil rights organizations, and Jewish groups who warn that it risks turning political dissent into a basis for immigration denials.

 

Starting April 9, 2025, U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS), will begin formally reviewing social media accounts of immigration applicants for signs of antisemitic activity. This includes both online content and physical harassment targeting Jewish individuals. The policy will impact a wide range of applicants, including:

 

  • Those seeking green cards (lawful permanent residence)
  • International students in the U.S. on visas like the F-1 or J-1
  • Foreign nationals affiliated with schools or universities involved in antisemitic incidents

 

This new policy also establishes a basis for denying immigration benefit requests.

 

This shift comes under the broader framework of President Trump’s executive orders targeting antisemitism and extremism.

 

What’s New in This Policy?

 

The Department of Homeland Security (DHS), through its agency U.S. Citizenship and Immigration Services (USCIS), issued a statement saying that it will now:

 

  • Screen online activity of immigrants and visa applicants for signs of antisemitism
  • Deny immigration benefits—such as green cards, visas, or student status—to individuals who:
  • Engage in antisemitic speech on social media
  • Physically harass Jewish individuals
  • Are affiliated with institutions linked to antisemitic incidents
  • Participate in campus protests related to pro-Palestinian movements

This policy is effective immediately and will impact:

 

  • Applicants for lawful permanent resident (green card) status
  • International students on visas
  • Individuals tied to educational institutions involved in antisemitic activity

 

According to DHS, this is a discretionary measure: social media content that shows support for antisemitic violence or terrorist organizations will count against individuals in immigration proceedings. USCIS adjudicators now have the authority to treat such content as a “negative discretionary factor” when deciding on benefits such as visas, green cards, or other forms of legal status. This has raised concerns among free speech advocacy groups, who argue that the policy threatens the fundamental right to free and open discourse.

Federal agencies, particularly USCIS and DHS, are now actively monitoring social media activity to screen for antisemitic activity as part of immigration benefit considerations. This oversight has significant implications for immigrant applicants and has raised concerns about the expansion of government surveillance practices.

USCIS guidelines specifically address antisemitic activity, indicating that any suggestion of endorsing, espousing, promoting, or supporting antisemitic terrorism or organizations could jeopardize an immigrant’s chances of receiving immigration benefits.

Key Elements of the Policy

 

Under this new USCIS guidance:

  • Online activity is now being actively reviewed by immigration officers.
  • Content that promotes, supports, or endorses antisemitic violence, ideologies, or the harassment of Jewish individuals will be used as grounds for denial.
  • The policy applies immediately and covers all types of immigration benefit requests.
  • USCIS will begin monitoring the social media activity of aliens for antisemitic content, including any activity linked to antisemitic actions.
  • Focused attention will be given to individuals showing support for the following designated terrorist organizations:
  • Hamas
  • Palestinian Islamic Jihad
  • Hezbollah
  • Ansar Allah (aka “the Houthis”)

 

The policy also targets individuals linked to antisemitic activity, particularly those affiliated with educational institutions associated with antisemitic actions.

 

Antisemitic terrorism is a key factor affecting immigration decisions, especially for those applying for permanent residency or linked to organizations endorsing violent antisemitic ideologies.

Official Statement from DHS

 

Tricia McLaughlin, DHS Assistant Secretary for Public Affairs, stated:

“There is no room in the United States for the rest of the world’s terrorist sympathizers, and we are under no obligation to admit them or let them stay here, especially when it comes to applications for lawful permanent resident status.”

 

She emphasized that free speech protections do not apply to immigration benefits, especially when individuals advocate for violence or terrorism:

“Anyone who thinks they can come to America and hide behind the First Amendment to advocate for anti-Semitic violence and terrorism – think again. You are not welcome here.”

 

The new guidelines specifically target support for terrorism antisemitic terrorist organizations, such as Hamas and Hezbollah. McLaughlin also emphasized that free speech rights do not shield noncitizens from being barred or removed from the U.S. if they promote antisemitic violence or ideology. The DHS will monitor social media activity to identify those who support antisemitic terrorism violent ideologies.

Legal and Practical Implications

 

This policy introduces broad and immediate consequences to the maximum degree:

 

  • Discretionary power: USCIS officers can deny benefits based solely on an applicant’s online behavior, even if the person has no criminal record.
  • University affiliations: Students or scholars associated with institutions accused of antisemitic activity, including aliens affiliated with such institutions, may be subject to additional scrutiny.
  • First Amendment concerns: While the First Amendment protects speech for U.S. citizens and some noncitizens, it does not guarantee immigration benefits, according to USCIS. DHS is asserting that advocating violence—even via social media—can make someone inadmissible or deportable. State Marco Rubio has characterized certain detained international students as ‘lunatics’, framing it within the broader narrative of strict immigration control and accusations against immigrant activity in relation to national security.
  • Permanent resident status: Individuals applying for lawful permanent resident status may be denied based on their social media activity, reflecting the policy’s impact on immigration benefits.

Protests, Visas Revoked, and Pressure on Universities

 

In recent months, the administration has:

 

  • Revoked visas of foreign students linked to protests, affecting resident status foreign students
  • Threatened federal funding to universities allowing pro-Palestinian demonstrations
  • Pushed for the deportation of students accused of antisemitic activity or affiliations with disfavored groups

 

This has sparked major backlash on college campuses, with even some Jewish advocacy groups defending students’ right to protest Israeli government actions in Gaza following the October 2023 Hamas attack. Concerns have also been raised about the safety and rights of Jewish students during these investigations.

 

Additionally, the USCIS has announced a new policy to begin screening immigrants social media accounts for antisemitic activity, which could potentially deny visa and green-card applications based on content deemed antisemitic.

Examples of Detentions

  • Mahmoud Khalil, a green card holder and anti-war protestor affiliated with educational institutions, was arrested in front of his pregnant wife.
  • Badar Khan Suri, an Indian postdoctoral scholar at Georgetown, was detained after being accused—without evidence—of ties to Hamas and supporting antisemitic terrorism.

What Should Immigration Applicants Do Now?

 

If you’re a foreign national applying for any U.S. immigration benefit:

  • Review your social media: Posts, likes, and shares that could be interpreted as antisemitic or supportive of terrorism may be flagged during the uscis discretionary analysis.
  • Avoid affiliations: Be cautious about associating with organizations or demonstrations accused of antisemitism or extremist messaging.
  • Consult a lawyer: If you’re unsure whether your past content could put you at risk, speak to a qualified immigration attorney.

 

Additionally, the U.S. Department of Homeland Security is screening social media activity to identify individuals who may be categorized as terrorist aliens, particularly those associated with groups like Hamas or Hezbollah.

Criticism from Civil Rights Groups and Jewish Organizations

A wide range of rights organizations have condemned the move as an unconstitutional overreach and a violation of First Amendment protections for immigrants.

 

Key Concerns Raised:

  • Conflation of activism and extremism: Critics argue that pro-Palestinian protests are being mischaracterized as antisemitic, threatening free and open discourse.
  • Targeting of immigrants: Immigration status is now being tied to political expression, creating a chilling effect. This includes concerns about physical harassment of Jewish individuals being used as a basis for denying immigration benefits.
  • Surveillance and profiling: Monitoring social media is seen by many as a form of mass surveillance, especially harmful to Arabs, Muslims, and international students.
  • Selective enforcement: Civil liberties experts note the absence of similar scrutiny for Islamophobia, anti-Arab hate, or right-wing extremism.

“By surveilling visa and green card holders based on nothing more than their protected expression, the administration trades America’s commitment to free discourse for fear and silence,” said the Foundation for Individual Rights and Expression (FIRE).

 

The Nexus Project, a group combatting antisemitism, warned that the administration is politicizing the issue and portraying antisemitism as solely a foreign-born problem, when hate exists across ideological and national lines.

“Treating antisemitism as an imported problem does not fight antisemitism. Using politically malleable language like ‘terrorist sympathizer’ to go after immigrants does not fight antisemitism.”

 

The Jewish Council for Public Affairs (JCPA), a nonpartisan group with more than 80 years of advocacy experience, expressed deep concern that the new screening policy could be misused to erode democratic rights and criminalize dissent, especially amid broader government crackdowns on pro-Palestinian protests and free speech. This includes endorsing, espousing, and promoting antisemitic activities as a basis for denying immigration benefits.

 

In a formal letter addressed to DHS Secretary Kristi Noem, JCPA CEO Amy Spitalnick acknowledged the rising threat of antisemitism but warned that this new policy raises serious constitutional and ethical concerns. The policy’s approach to antisemitic activity on social media as a negative factor during the adjudication process indicates an increased scrutiny on applicants based on their online expressions.

 

Key Questions Raised by the JCPA:

  • How will DHS define antisemitic content?
  • What tools will be used to monitor or flag social media?
  • Will all applicants from all countries be subject to equal scrutiny?
  • Does mere affiliation with a university linked to antisemitic speech warrant denial?
  • Will hate targeting other communities (e.g., racism, Islamophobia, misogyny) also be considered disqualifying?
  • Who will be making these final determinations—and with what training or oversight?

Statements from Other Jewish Groups:

 

Bend the Arc, a progressive Jewish group, criticized the administration for weaponizing antisemitism:

“This is simply using Jews as an excuse to move a cruel, anti-immigrant, authoritarian agenda. We refuse to be used this way.”

 

New Jewish Narrative:

“Antisemitism is a real and serious problem. But this policy is not about protecting Jews—it’s about silencing dissent and pushing an anti-immigrant agenda.”

 

Concerns About Double Standards

Several groups questioned why DHS is not applying similar standards to neo-Nazis, white supremacists, or anti-Muslim extremists.

Jewish Organizations Split Over Policy

 

While some Jewish organizations support stronger action against antisemitism to protect Jewish students, many progressive Jewish groups have condemned the DHS plan, saying it politicizes Jewish identity and erodes civil rights.

 

The Department of Homeland Security’s new guidance on immigration includes a focus on monitoring social media activity for violent antisemitic ideologies.

Growing Concern Over Free Speech and Due Process

The JCPA argues that legitimate fears of antisemitism are being co-opted to justify political repression by immigration officials. They emphasized that Jewish safety depends on protecting democratic values for all people, not just selective enforcement against immigrants.

 

Concerns have also been raised about the screening of social media for antisemitic activity by U.S. immigration authorities, particularly mentioning extremist organizations like Hamas and Palestinian Islamic Jihad in relation to the government’s actions against noncitizens who may support or promote antisemitic ideologies, emphasizing the implications for immigration benefits.

“Jewish safety is inextricably linked with inclusive democracy in which everyone’s fundamental rights are protected,” the JCPA stated.

Policy Fallout: Student Arrests and Visas Revoked

 

The announcement follows a series of high-profile arrests and visa cancellations:

  • Over 950 international student visas or status have already been revoked.
  • Some green card holders have been detained for participating in protests against Israel’s actions in Gaza.
  • While the Trump administration claims those detained were supporting Hamas, civil rights groups say this is a misuse of immigration enforcement to suppress First Amendment activity. The U.S. Citizenship and Immigration Services is also screening immigrants’ social media accounts for media content that indicates endorsement or support for antisemitic terrorism or organizations.

 

Notable Detentions:

  • Mahmoud Khalil, a green card holder, was arrested in front of his pregnant wife.
  • Badar Khan Suri, a postdoctoral fellow from India, was detained over alleged (and unproven) ties to Hamas. Department of Homeland Security officials assert that there is no obligation to admit the world’s terrorist sympathizers, justifying the monitoring of immigrants’ social media for antisemitic content.

ICE Draws Criticism for Targeting “Ideas”

 

In a separate and widely criticized social media post, U.S. Immigration and Customs Enforcement (ICE), under the direction of the Homeland Security Secretary, listed “ideas” among items it seeks to intercept at the U.S. border—raising fresh concerns about thought policing and ideological enforcement.

 

This policy also affects individuals affiliated with educational institutions linked to antisemitic activities, suggesting that such affiliations could result in the denial of visas or green cards if any antisemitic content is found in their social media presence.

 

Civil Rights Oversight Office Shut Down

 

Adding fuel to the fire, DHS recently fired the staff of its Office for Civil Rights and Civil Liberties (CRCL)—an internal watchdog that traditionally reviewed immigration policies for bias and legality.

 

DHS justified the move by claiming that internal oversight offices were “roadblocks to enforcement” and must be eliminated to streamline operations.

Is All Pro-Palestinian Advocacy at Risk?

 

The administration has frequently labeled expressions of support for Palestinian rights as antisemitic—even when made by:

  • Human rights organizations
  • Jewish peace groups
  • University faculty and students

 

This new policy will immediately affect aliens applying for immigration benefits, such as lawful permanent residency and foreign students, by considering their social media content as potential grounds for denial of these applications. Additionally, the U.S. Citizenship and Immigration Services (USCIS) will now consider antisemitic terrorism, violent antisemitic ideologies, and the support of antisemitic terrorist organizations as significant factors in denying immigration benefits.

 

This blurring of lines between antisemitism and legitimate political speech has led to confusion, fear, and censorship, especially within immigrant communities and educational institutions.

Free Speech vs. Immigration Enforcement: Legal Questions Loom

 

Though U.S. citizens are protected by the First Amendment, immigration applicants are not guaranteed entry or status—even if their speech would otherwise be legal. USCIS and DHS can use “discretionary” powers to deny benefits based on perceived national security risks or associations, including new grounds for denying immigration such as antisemitic activity on social media and harassment of Jewish individuals.

 

These policies are enforced under relevant immigration laws introduced by the Trump administration, which emphasize the rigorous application of these laws to protect national security.

 

Immigration attorneys argue that this opens the door to arbitrary and biased decision-making, particularly for:

  • Refugees
  • Muslim and Arab applicants
  • Foreign-born students engaged in political activism

Critics: Surveillance Disguised as Safety

 

Advocacy groups across the political and religious spectrum have condemned the move, warning it opens the door to:

  • Widespread surveillance of immigrants
  • Suppression of protected political expression, including criticism of the Israeli government
  • Racial, religious, and ideological profiling, especially of Muslim, Arab, and South Asian students

 

Critics argue that the Trump administration trades America’s commitment to free and open discourse for increased surveillance and control, which has sparked criticism from free speech advocacy groups.

 

Additionally, changes announced by the U.S. Citizenship and Immigration Services (USCIS) will affect individuals applying for lawful permanent resident status, foreign students, and those linked to antisemitic activities, emphasizing how social media conduct can impact immigration benefit requests.

Free Speech at Risk: From Goebbels Quotes to Surveillance

 

This move comes as multiple actions by Trump allies have sparked alarm about the erosion of free speech and democratic norms:

  • Elon Musk, now a “special government employee,” was seen making fascist-style salutes at Trump’s inauguration rally.
  • JD Vance, Trump’s vice president, met with far-right German leader Alice Weidel, breaking diplomatic precedent.
  • Rep. Keith Self quoted Nazi propagandist Joseph Goebbels during a Capitol Hill hearing on “government censorship.”

 

These events, taken together, paint a concerning picture of creeping authoritarianism and politicized law enforcement.

Frequently Asked Questions: USCIS Social Media Monitoring for Potential Antisemitic Content

 

What is the new USCIS policy regarding antisemitic content on social media?

The Department of Homeland Security (DHS), through USCIS, has announced that it will begin factoring antisemitic activity on social media into its evaluation of applicants for immigration benefits. This includes green cards, student visas (F-1, J-1), asylum, naturalization, and other benefits. This policy change is part of the broader process of adjudicating immigration benefit requests.

The U.S. government has also started screening immigrants’ social media for antisemitic activity as a criterion for denying visa and green-card applications. This measure has raised concerns from advocacy organizations about the potential for political repression disguised as a measure against hatred.

How is “antisemitism” defined under this new policy?USCIS has not yet issued a specific definition, but the policy likely draws from the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism, which includes denial of the Holocaust, conspiracy theories involving Jews, and delegitimization of the State of Israel.

Which types of immigration benefits are affected by this policy?Any application where USCIS or DHS exercises discretion or conducts background checks could be affected, including:

  • Adjustment of Status (Green Card)
  • Naturalization (Citizenship)
  • Asylum and Refugee Status
  • Nonimmigrant visas (e.g., F-1, J-1, H-1B)
  • Temporary Protected Status (TPS)
  • DACA and Parole Requests

Is this policy retroactive? Will old social media posts be reviewed?Yes. DHS can review historical social media content, not just recent activity. There is no clear time limit on how far back the government can look.

How will DHS or USCIS monitor social media accounts?Through its National Vetting Center and partnerships with social media monitoring contractors, DHS may:

  • Review public posts
  • Examine comments, shares, and likes
  • Monitor usernames, hashtags, and connections

Private messages are generally not accessible without a warrant, but metadata and content from public or semi-public platforms may be collected.

Which platforms are being monitored?All major social media platforms may be subject to monitoring, including:

  • Facebook
  • X (formerly Twitter)
  • Instagram
  • TikTok
  • Reddit
  • YouTube
  • LinkedIn
  • Messaging platforms (if content is publicly visible)

What types of posts could be considered antisemitic?Examples may include:

  • Holocaust denial or trivialization
  • Sharing or endorsing antisemitic conspiracy theories
  • Calling for violence against Jews or Jewish institutions
  • Comparing Israel to Nazi Germany
  • Using slurs or tropes about Jewish people
  • Supporting designated antisemitic hate groups

Could criticism of the Israeli government be interpreted as antisemitic?Yes, depending on tone, language, and context, criticism of Israel—especially if it denies the right of the state to exist or uses inflammatory comparisons—could be interpreted as antisemitic by DHS under this policy.

What if the content was posted years ago, or was a joke, meme, or sarcastic comment?USCIS may still consider it. There is no official exemption for satire, past behavior, or deleted posts. The burden may fall on the applicant to explain or refute the interpretation.

Could this policy violate First Amendment or privacy rights?The policy raises serious constitutional questions, particularly around:

  • Freedom of speech
  • Right to political expression
  • Protection from government overreach

However, immigration benefits are considered discretionary, and courts have generally allowed the government broad leeway in national security and vetting matters.

Is this policy targeted at specific nationalities or groups?While the policy is framed as broadly targeting antisemitism, advocacy groups warn that it may disproportionately affect:

  • Arab, Muslim, and Palestinian applicants
  • International students engaged in activism
  • Individuals from countries with political conflict involving Israel

Will this affect student visas and those on Optional Practical Training (OPT)?Yes. Student visa holders (F-1, J-1) and those on OPT or STEM OPT extensions are subject to social media screening. USCIS or State Department may deny renewals or revoke visas based on perceived threats or policy violations.

What happens if USCIS finds content it deems antisemitic?Possible outcomes include:

  • Request for Evidence (RFE) or Notice of Intent to Deny (NOID)
  • Denial of application or renewal
  • Visa revocation or SEVIS termination
  • Referral to Immigration and Customs Enforcement (ICE)

Can I appeal or challenge a denial based on social media content?Yes, but the process is complex. You may need to file:

  • An administrative appeal (Form I-290B)
  • A motion to reopen or reconsider
  • A federal lawsuit if rights are violated

It’s strongly advised to consult with an immigration attorney.

What can applicants do to protect themselves?

  • Audit your social media presence
  • Delete or archive questionable posts
  • Adjust privacy settings
  • Avoid engaging with inflammatory or extremist content
  • Document the context of any posts that could be misunderstood

Can deleted posts still be found by DHS?Yes. Even deleted posts can be retrieved from data archives or third-party services, especially if they’ve been screenshotted, cached, or shared.

Should I disclose social media usernames on immigration forms?Yes. USCIS and the State Department require applicants to list usernames or handles used in the last 5 years on DS-160, DS-260, and other forms. Failing to do so may be considered fraud or misrepresentation.

Could this policy expand to include other forms of hate speech or political views?It’s possible. USCIS may eventually apply similar scrutiny to Islamophobia, anti-Black racism, or anti-LGBTQ+ content, though no formal policy has been issued. Political dissent and protest-related speech are increasingly monitored.

What groups have raised concerns about this policy?Several organizations have raised red flags, including:

  • Jewish Council for Public Affairs (JCPA)
  • American Civil Liberties Union (ACLU)
  • Council on American-Islamic Relations (CAIR)
  • Electronic Frontier Foundation (EFF)

Where can I learn more or get legal help?For more information:

 

Conclusion: A New Era of Surveillance or Protection?

 

This controversial new policy underscores a broader debate over how national security concerns are balanced against civil liberties, especially for non-citizens. While DHS insists this is a necessary response to threats, advocacy groups warn it could institutionalize censorship and discrimination.

 

As the policy takes effect, immigrants, students, and visa holders are urged to:

  • Carefully review their social media activity
  • Avoid posts or affiliations that could be misconstrued as extremist
  • Consult an immigration attorney if unsure about how past content might affect their case

Why You Should Consult Attorney Richard Herman for Immigration Issues Involving Social Media and Political Expression

 

In today’s climate of heightened surveillance and politicized immigration enforcement, what you post online—whether years ago or last night—can now be used against you in life-altering immigration decisions. Whether you’re applying for a green card, visa, asylum, or U.S. citizenship, your social media history may come under scrutiny by USCIS or other government agencies. Political speech, protest activity, or misunderstood posts could result in delays, denials, or even deportation proceedings.

 

That’s why it’s critical to seek experienced legal guidance from someone who understands both the law and the real-world implications of digital expression.

Attorney Richard Herman and the Herman Legal Group offer the experience, insight, and compassion you need to protect your future.

 

With decades of experience defending immigrants from unjust denials and surveillance-based targeting, Richard Herman and his team have earned a national reputation for aggressive, thoughtful, and personalized advocacy.

Why choose Richard Herman?

  • Over 30 years of immigration law experience across green card, asylum, and student visa cases
  • Deep knowledge of First Amendment and due process issues in immigration adjudications
  • Proven success challenging denials based on political activity or alleged “public charge” grounds
  • Multilingual, multicultural team that understands your voice and your story
  • Track record of defending immigrants targeted for protest, online speech, or cultural identity
  • Nationwide availability — consults available by phone, Zoom, or in-person

 

Before you submit an immigration application—or if you’ve received a troubling Request for Evidence (RFE) or Notice of Intent to Deny (NOID)—schedule a consultation. Don’t let a misunderstood tweet, old Facebook post, or political opinion ruin your American dream.

 

Protect your rights. Protect your future.

 

Visit www.lawfirm4immigrants.com or call 1-800-808-4013 to schedule a confidential consultation with Attorney Richard Herman and the Herman Legal Group today.

 

Online Scheduling of Consultation Now

Resources and Additional Reading

Facial Recognition Technology Targets International Student Protesters

A Deep Dive into Surveillance, Deportation, and Civil Liberties

 

 

Facial recognition technology has rapidly advanced in recent years—used everywhere from airports to smartphones. While it offers convenience and security, it also presents serious risks when abused by governments to suppress dissent.

 

In the wake of escalating tensions surrounding the Gaza conflict, private groups in the United States have begun utilizing facial recognition technology to identify student protesters, particularly those supporting Palestinian causes. These efforts aim to report identified individuals to immigration authorities, potentially leading to deportation and other potential consequences.

 

The 2019 pro-democracy protests in Hong Kong are a powerful example of how facial recognition can be turned against people fighting for freedom.

 

This practice has sparked widespread concern regarding privacy rights, the role of private entities in surveillance, and the potential infringement on civil liberties.

 

This article explores how surveillance was used to target international student protesters, the creative countermeasures activists deployed, and why this case matters globally in the age of digital surveillance.

 

 

Overview

 

The Mechanics of Surveillance

 

 

  • Facial Recognition Deployment: Private organizations have employed facial recognition software to scan images and videos from campus protests. This technology can identify individuals even when they attempt to conceal their identities with masks or headscarves.
  • Data Collection and Analysis: Images are often sourced from social media, news outlets, and surveillance footage. Advanced algorithms analyze facial features to match protesters with publicly available personal information.
  • Public Exposure: Once identified, personal details such as names, employers, and affiliations are disseminated online, a practice known as doxing. This exposure can lead to job loss, harassment, and legal consequences.

Key Players and Their Roles

 

Private Groups Are Using Facial Recognition to Identify Protesters

 

Several pro-Israel organizations have begun leveraging advanced technology to track student protesters.

 

  • Betar US: A right-wing Zionist organization, Betar US has been at the forefront of identifying and reporting pro-Palestinian student protesters. The group claims to have compiled lists of individuals for submission to the Trump administration, advocating for their deportation.
  • Meet the Developer: Eliyahu Hawila, a Brooklyn-based software engineer, created a facial recognition tool designed specifically to uncover identities of masked protesters. He has been in discussions to license the technology to other pro-Israel groups. His tool, called NesherAI, is named after the Hebrew word for eagle.
  • Government Involvement: The Trump administration has expressed support for these initiatives, with officials indicating plans to revoke visas of foreign students participating in what they term “pro-jihadist” protests.
  • Legal Concerns Over Private Use of Surveillance Tech: Attorney Sejal Zota, who represents California activists suing facial recognition firm ClearviewAI, warned that private groups stepping into the realm of surveillance — traditionally the role of government — is troubling:

“We’re used to thinking about law enforcement surveilling dissent. Now private actors are becoming part of that system.” Related Resource:ClearviewAI lawsuit coverage – NBC News

 

 

Groups Urge Followers to Report Foreign Student Protesters

 

The targeting isn’t just technological. It’s also crowdsourced.

 

Social Media Campaigns:

 

Some groups, like Mothers Against Campus Antisemitism, have publicly called for their members to file complaints against international students. In a viral Facebook post from January 21, President E

lizabeth Rand encouraged her 60,000 followers to use the ICE tip line to report students and faculty suspected of supporting Hamas.

Tip Submissions to Federal Agencies:

 

While the Department of Homeland Security (DHS) has stated it is not officially coordinating with these groups, immigration attorneys say that tips from outside actors can still influence enforcement.

Impact on International Students

 

  • Legal Jeopardy: International students involved in protests face the risk of visa revocation and deportation, even in the absence of criminal charges.
  • Psychological Toll: The threat of surveillance and potential deportation has led to increased anxiety among students, with some altering their behavior, avoiding protests, or deleting social media accounts to evade detection. The use of facial recognition technology to identify and report student protesters is a very concerning practice.
  • Case Study – Mahmoud Khalil: A Palestinian graduate student at Columbia University, Khalil was arrested by ICE after being identified through these surveillance efforts. His detention has become a focal point in the debate over the ethics of such practices.

Legal and Ethical Concerns

 

  • Privacy Violations: The use of facial recognition by private entities raises significant questions about the right to privacy and the potential for misuse of personal data.
  • Freedom of Expression: Critics argue that these surveillance tactics infringe upon First Amendment rights, deterring individuals from participating in lawful protests.
  • Potential for Misidentification: Facial recognition technology is not infallible; errors in identification can lead to unwarranted consequences for innocent individuals.

Widespread Fear Among International Students

 

The effect on foreign students has been immediate and chilling.

 

Case of Mahmoud Khalil:

 

The March 8 arrest of Mahmoud Khalil, a graduate student of Palestinian descent at Columbia University, marked a turning point. Khalil was vocal in organizing protests and was reportedly on a list submitted to federal officials. His arrest has become a symbol of rising fear among international student protesters.

 

Visa Risks:

 

While U.S. law protects free speech, being on a student visa means engaging in certain protest actions—especially anything construed as violent or unlawful—can carry serious immigration consequences.

 

Self-Censorship and Isolation:

 

Many international students are deleting social media accounts, avoiding campus protests, and distancing themselves from activist groups. Some are even moving off-campus out of fear of surprise visits by immigration officers.

 

What Activities Might Jeopardize a Student Visa?

 

Pro-Israel advocates say their efforts are aimed at students who:

 

  • Occupy campus buildings
  • Engage in violence or harassment
  • Incite violence or chant slogans they consider to be hate speech

Eliyahu Hawila defended the effort, stating: “If you’re here on a visa and you’re inciting unrest or calling for death — why are you in this country?” However, Arab-American advocacy organizations warn of false identifications and misuse: “The risk of mistaken identity is real,” said Abed Ayoub of the American-Arab Anti-Discrimination Committee. “We’re seeing surveillance of legal protesters and innocent students. This is surveillance by proxy.”

 

The Rise of Political Doxing

 

The Gaza war has fueled a new wave of digital retaliation tactics.

 

  • What Is Doxing?Doxing is the act of publishing private information about someone online to harass or threaten them. While doxing has been around for years, it now includes facial recognition matches, employer contacts, and email blasts calling for job termination or deportation. Additionally, recorded video by Israeli soldiers on the battlefield is often used in doxing campaigns, exposing personal information to harass individuals.
  • Private Surveillance Expands: In this context, doxing becomes more powerful and dangerous when combined with facial recognition and government reporting.

What Does the Trump Administration Say?

 

Former President Trump, now returned to office, signed an executive order in early 2025 calling for the deportation of foreign students involved in “pro-jihadist” activity. The administration has:

 

  • Not clearly defined what counts as “pro-jihadist”
  • Not revealed how reports from outside groups are processed
  • Raised concerns about whether names of identified protesters, targeted by pro-Israel groups using facial-recognition technology, have reached top government officials, especially following the directive from former President Trump

In response to questions, DHS stated only that it is not “working with” Betar or receiving official tips from them—but didn’t deny acting on information provided indirectly.

 

A Climate of Surveillance and Intimidation

 

  • Fear Spreads on Campuses: From Columbia University to George Washington to the University of Pittsburgh, students are removing their names from club rosters, hiding online posts, and stepping back from activism altogether. This climate of surveillance and intimidation affects not only the individuals involved but also other students, creating a widespread atmosphere of anxiety and caution.
  • Legal Experts Urge Caution: Immigration lawyers recommend that international students avoid any protest activity that could be construed as illegal or extreme—even if they’re exercising their First Amendment rights.

 

Responses and Countermeasures

 

  • Civil Rights Advocacy: Organizations like the American-Arab Anti-Discrimination Committee have condemned these practices and are exploring legal avenues to protect affected students. Abed Ayoub, the national executive director of the American-Arab Anti-Discrimination Committee, has raised concerns about the use of facial recognition technology to identify and report student protesters to immigration authorities, highlighting the anxiety it causes among foreign students regarding their legal status.
  • University Policies: Some academic institutions are reviewing their policies to safeguard student privacy and ensure that participation in protests does not lead to academic or legal repercussions.
  • Legislative Action: Lawmakers are being urged to consider regulations that limit the use of facial recognition technology and protect individuals from unwarranted surveillance.

Facial Recognition and Resistance: Lessons from the Hong Kong Protests

How Facial Recognition Was Used to Crush Dissent

 

In 2019 and beyond, authorities in Hong Kong deployed facial recognition systems, connected to a growing network of surveillance cameras, to monitor, identify, and track protesters in real time.

 

  • State Surveillance in Action:
    Footage from street cameras, drones, and public infrastructure was analyzed to match protesters’ faces with government databases. Those identified risked arrest, being blacklisted from schools and jobs, or facing long-term police monitoring.
  • Rapid Law Enforcement Response:
    With real-time analytics, officers could quickly locate and arrest individuals based on facial scans, creating an environment of fear and deterring others from joining protests.
  • Link to Mainland China’s Surveillance Model:
    Protesters feared that Hong Kong’s surveillance would eventually mirror mainland China’s mass surveillance system—already notorious for its AI-driven tracking of activists, dissidents, and ethnic minorities.

“If you were seen, you could be punished—not just now, but years later.”

 

Protesters Fight Back: How They Protected Their Identities

 

Hongkongers did not sit back. Instead, they developed a toolkit of resistance strategies to outsmart surveillance systems.

 

1. Face Coverings and Laser Pointers

 

  • Protesters wore masks, goggles, helmets, and scarves to obscure their facial features.
  • Laser pointers were aimed at surveillance cameras to distort footage and interrupt scanning algorithms.
  • After a government ban on masks in October 2019, protesters faced arrest simply for wearing protective gear—a tactic designed to discourage anonymity and participation.

2. Dismantling “Smart” Lampposts

 

  • So-called “smart lampposts”, equipped with sensors and cameras, became targets.
  • Protesters in Kowloon physically tore down these poles, suspecting they were used for facial recognition and data collection.
  • This bold move symbolized defiance and growing mistrust of tech-enabled surveillance.

3. Umbrellas and Improvised Shields

 

  • Reviving imagery from the 2014 Umbrella Movement, protesters used umbrellas to block cameras and shield their identities during clashes.
  • Everyday items—foil blankets, reflective panels, aluminum sheets—were turned into tools to interfere with thermal cameras and body scanners.

 

“Every umbrella wasn’t just a shield—it was a symbol of resistance.”

Why This Matters Globally: The Broader Threat of Surveillance

 

The Hong Kong protests were not just a local event—they represent a global warning about the unchecked rise of surveillance technologies. We are now seeing this play out in the U.S.

Erosion of Privacy Rights

  • Constant monitoring threatens individual privacy.
  • Mass surveillance normalizes being watched, silences dissent, and forces people to self-censor—even in democracies.

Suppression of Free Speech and Assembly

  • Fear of being identified discouraged many from joining protests or even discussing them online.
  • Social media posts and digital activism became risky, as facial recognition was increasingly combined with online surveillance.

Exporting Authoritarian Technology

  • China has exported surveillance tech to dozens of countries, including:
    • Venezuela
    • Zimbabwe
    • Serbia
    • Ecuador

“Surveillance tools once confined to authoritarian regimes are now spreading globally—often with no oversight or accountability.”

Commercialization and Lack of Regulation

  • Many of the most powerful facial recognition tools are created by private companies.
  • Firms like Clearview AI sell facial data without public consent, often scraping photos from social media.
  • Without international laws, these tools are often used in secret, with no transparency. This has led to concerns about ‘outsourcing surveillance’, where private groups use these technologies to monitor and report on activities such as student protests.

Calls for Change: What Needs to Be Done

The Hong Kong experience has inspired international advocates to push for stronger protections.

Key Recommendations for Ethical Use of Facial Recognition:

  • Transparency: Agencies must disclose how data is gathered, stored, and used.
  • Consent: People should have the option to opt-out of facial scanning wherever possible.
  • Independent Oversight: Regular audits and third-party watchdogs are essential.
  • Legal Limits: Clear laws should define when and how surveillance can occur—and ban misuse.

Visual Summary: Resistance Tools vs. Surveillance Tactics

Protester Strategy

Surveillance Tool Targeted

Masks, goggles, scarves Facial recognition cameras
Laser pointers CCTV and drone surveillance
Foil blankets, reflectors Thermal imaging / body scanning
Umbrellas Line-of-sight video surveillance
Dismantling lampposts Smart infrastructure sensors

A Global Wake-Up Call

The Hong Kong protests revealed a new kind of battlefield—where the fight for human rights is also a fight against digital surveillance.

  • Facial recognition may offer convenience and safety, but when turned against citizens, it becomes a tool of repression.
  • The resilience of Hong Kong’s protesters reminds us that democracy and freedom require vigilance, courage, and innovation.
  • Around the world, people must now decide: Will we allow technology to undermine civil liberties—or demand transparency and accountability?

“The right to protest should not require hiding your face. But in a world of mass surveillance, it just might.”

 

 

 

States Are Reviving Anti-Mask Laws to Target Pro-Palestinian Protesters

Mask Bans Were Created for a Different Era — But They’re Being Used Again

Many U.S. states passed anti-mask laws decades ago—not to protect civil rights, but to preserve racial and political hierarchies. These laws were originally aimed at the Ku Klux Klan in the 1940s and 50s, but not necessarily to stop Klan violence. Instead, some Southern politicians wanted to protect segregation while distancing themselves from the Klan’s image.

Now, these outdated laws are being dusted off and used to target a new group: pro-Palestinian student protesters who wear masks during peaceful demonstrations about the war in Gaza.

Where Is This Happening?

 

States and universities across the U.S. are increasingly citing anti-mask laws to crack down on campus protests:

  • Ohio:
    Attorney General Dave Yost sent a letter to all 14 public universities warning that wearing a mask while protesting could result in felony charges. This old law, largely forgotten for decades, carries up to 18 months in prison.

“This isn’t a public service announcement. It’s targeted intimidation,” said Ohio legal expert Rob Barnhart.

  • North Carolina:
    The University of North Carolina (UNC) warned students that wearing masks violates both state law and university policy.
  • Florida & Texas:
    In Gainesville, University of Florida protesters were arrested for wearing masks. In Austin, Governor Greg Abbott deployed state troopers to break up rallies at UT Austin, citing mask-wearing as part of the justification.

Why Are Protesters Wearing Masks?

 

Protesters wear masks for many legitimate reasons:

  • To protect their identity from doxing or retaliation
  • To express political or religious beliefs
  • As a public health precaution, especially in crowded gatherings
  • To defend against surveillance technologies like facial recognition

 

In today’s world of widespread surveillance—by both governments and private actors—mask-wearing has become a critical tool for protecting free expression.

The Surveillance Threat Is Real

 

Technologies used to identify masked protesters include:

  • Facial Recognition (Clearview AI, Google tools)
  • Bluetooth & Wi-Fi Tracking
  • Cell phone data analysis
  • IMSI Catchers that mimic cell towers to collect phone identity info
  • Gait Recognition and body shape analysis from video footage

 

Even during COVID-19, facial recognition systems improved significantly to recognize people wearing partial face coverings.

“Our faces are becoming like license plates—permanently exposed and trackable,” says the ACLU.
“Anti-mask laws effectively force people to display those plates at all times in public.”

Doxing and Blacklisting Are Fueling Fear

 

Pro-Palestinian protesters face real risks if their identities are exposed:

  • Public shaming by opposition groups
  • Employers firing staff over their political views
  • University donors or CEOs demanding protester identities
  • Viral videos of protesters being forced to remove masks
  • Online doxing campaigns that post personal information to intimidate

 

Pro-Israel activists have circulated photos of masked students online, often linking them to employers in an attempt to get them disciplined or fired.

Mask-Wearing as a Civil Liberty

 

The ACLU argues that mask-wearing is protected by the Constitution in many contexts, especially where speech, protest, or religious practice is involved.

  • Anti-mask laws have historically been used against social justice movements:
    • Occupy Wall Street
    • Anti-racism protests
    • Police violence demonstrations
  • During COVID-19, mask-wearing became both a health and political statement. Now, some states want to roll back even public health exceptions for mask usage at protests.

 

 

Example: A bill in North Carolina would eliminate the health-related mask exception and add tougher penalties for anyone committing a crime while masked.

Selective Enforcement Is a Key Problem

 

Anti-mask laws are being selectively enforced:

  • Rarely applied to sports fans, Halloween celebrants, or bank robbers
  • Mostly applied to protesters associated with marginalized causes
  • Creates confusion and fear among peaceful demonstrators

 

This leads to discretionary policing, where law enforcement chooses who to arrest based on the message being expressed—not the actions being taken.

The Chilling Effect on Protest

 

Anti-mask laws are having a chilling effect on protest participation:

  • Some students now stay home, fearing arrest, doxing, or job loss.
  • Others avoid organizing or attending rallies altogether.
  • Protesting now requires a level of personal bravery that shouldn’t be necessary in a democracy.

“Americans shouldn’t have to be brave to speak out,” says the ACLU.
“Until our privacy laws catch up with surveillance technology, governments should stop using mask laws to silence peaceful protest.”


 

Frequently Asked Questions (FAQs) regarding the use of facial recognition software to target international student protesters in the U.S.

 

What is facial recognition software and how does it work?

Facial recognition software is a type of artificial intelligence (AI) that analyzes facial features to identify or verify a person’s identity. It compares live or recorded images to databases of known faces, often using biometric data points such as the distance between the eyes, shape of the jawline, or skin texture patterns.


Is facial recognition technology being used against student protesters in the U.S.?

Yes. In 2024–2025, multiple reports confirmed that private groups and individuals used facial recognition tools to identify student protesters, particularly those involved in pro-Palestinian demonstrations. Some of this information has been submitted to immigration authorities in an attempt to pressure the government to revoke student visas.


Who is using facial recognition to target international students?

Private actors—including pro-Israel advocacy organizations, tech developers, and political groups—have used facial recognition software like NesherAI to identify masked protesters. There is also growing concern that some information may be reaching or influencing law enforcement or immigration agencies, even if indirectly.


Is it legal for private individuals or organizations to use facial recognition this way?

U.S. law does not currently prohibit private individuals or organizations from using publicly available images and applying facial recognition technology to them. However, doing so to harass, dox, or report someone to authorities may raise serious civil, ethical, or constitutional concerns, particularly if it results in government action without due process.


Can international students be deported based on being identified in a protest photo or video?

Potentially, yes. If immigration authorities determine that an international student has violated the terms of their visa (e.g., by being arrested, inciting violence, or breaking school policy), this could lead to visa revocation or removal proceedings. Simply attending a protest is not grounds for deportation—but being identified may increase scrutiny.


What laws protect international students from being targeted by surveillance technology?

International students are protected by the First Amendment when engaging in lawful protest and by Fourth and Fifth Amendment rights when it comes to due process and unlawful searches or seizures. However, these protections can be limited or more difficult to assert due to their non-citizen status.


How accurate is facial recognition software?

Facial recognition accuracy varies widely. Studies have shown that error rates are significantly higher for people of color, women, and individuals wearing masks or head coverings. Inaccurate matches can result in mistaken identity and unwarranted consequences, especially when used without oversight.


Can wearing a mask or headscarf protect against facial recognition?

Partially. Facial recognition systems typically require clear views of the nose, eyes, and cheekbones. Masks, hats, scarves, and sunglasses can interfere with identification—but advancements in AI now allow some systems to match even partially obscured faces with increasing accuracy. Some software can also cross-reference body movement, gait, or other biometric data.


What are the risks for international students if they are doxed after being identified through facial recognition?

Doxing—publicizing private or identifying information online—can lead to:

  • Online harassment or threats
  • Academic disciplinary action
  • Job termination or blacklisting
  • Increased immigration enforcement
  • Psychological harm and social isolation

These risks are heightened when personal information is circulated with calls for deportation or retaliation.


Can universities or colleges legally share footage of student protests with external actors?

Generally, universities are bound by the Family Educational Rights and Privacy Act (FERPA), which protects student education records. However, images or videos taken in public spaces may not be covered, especially if captured by campus surveillance or third parties. Universities may also be pressured or compelled by law enforcement to share footage.


Are international students more vulnerable than U.S. citizens to being targeted by surveillance?

Yes. International students do not enjoy the same immigration protections as citizens or permanent residents. A visa can be revoked administratively, without a trial, if authorities determine a violation has occurred. This makes them particularly vulnerable to surveillance-led targeting or political retaliation.


Can students sue if they are wrongly identified and targeted by facial recognition?

Possibly. Students who suffer harm from false identification, doxing, or retaliatory actions may have legal grounds to sue for defamation, invasion of privacy, or civil rights violations. However, lawsuits against private individuals or software developers are complex and may require substantial evidence of harm.


What steps can international students take to protect themselves at protests?

  • Avoid facial recognition by wearing non-distinct clothing, masks, and sunglasses
  • Turn off or leave phones behind to prevent location tracking
  • Use encrypted messaging apps like Signal
  • Avoid posting protest photos online
  • Stay in groups and monitor surroundings
  • Know your rights (see ACLU’s Protester Rights guide)

Can immigration status be affected by simply attending a protest?

Lawfully attending a protest does not violate visa status. However, if students are arrested, charged, or seen as violating university conduct rules, that could jeopardize their SEVIS status and lead to consequences from ICE or the State Department.


Are government agencies like ICE using facial recognition to track students?

ICE and DHS have access to various surveillance tools, including facial recognition databases. While there is no confirmed evidence of ICE directly using privately submitted protest footage, internal tips or data passed indirectly from private actors may influence enforcement decisions.


Are there any laws being proposed to regulate facial recognition in the U.S.?

Yes. Multiple bills at the federal and state levels aim to:

  • Ban the use of facial recognition by law enforcement (e.g., the Facial Recognition and Biometric Technology Moratorium Act)
  • Require consent and transparency for biometric data collection
  • Impose data retention limits and create accountability mechanisms

However, there is no national consensus yet, and regulation varies by state.


Is it legal to film or photograph protesters in public spaces in the U.S.?

Yes. Public protests are generally considered public events. Anyone, including private individuals, journalists, and authorities, may photograph or record what occurs in public view. The issue arises when such footage is used for intimidation, harassment, or political targeting.


What role do tech companies play in enabling this surveillance?

Tech companies often provide the tools—such as facial recognition APIs, cloud computing, and camera infrastructure—that make surveillance possible. In some cases, companies like Clearview AI have scraped billions of images from social media without consent and sold access to law enforcement and private clients.


Can I request to be removed from a facial recognition database?

In some jurisdictions, yes. California, Illinois, and a few other states have biometric privacy laws that allow individuals to opt out of private biometric databases. However, this does not apply to federal surveillance or to all states.


What are human rights organizations saying about this issue?

Groups like the ACLU, Human Rights Watch, and Electronic Frontier Foundation (EFF) have condemned the use of facial recognition against peaceful protesters, particularly when used to suppress political speech or target marginalized groups. They are calling for moratoriums or outright bans on its use by government agencies.


What can universities do to protect international student protesters?

  • Refuse to cooperate with politically motivated surveillance or reporting
  • Refrain from sharing footage with non-campus actors without legal cause
  • Educate students on digital and protest safety
  • Defend student rights to protest without retaliation
  • Offer legal support or referrals when students face immigration threats

Conclusion: Civil Liberties vs. Surveillance in the Digital Age

 

The current wave of activism around Gaza is colliding with a dangerous mix of technology, politics, and immigration enforcement. For foreign students in the U.S., speaking out carries new risks:

  • Being misidentified through facial recognition
  • Getting doxed and reported to ICE
  • Facing the possibility of visa revocation or deportation

 

As these efforts intensify, the need for clear legal guidance, university protections, and public transparency becomes more urgent.

Take Action Now: Protect Your Future with an Expert Legal Ally

If you’re an international student on an F-1 or J-1 visa who has attended protests, expressed political views, or is worried about surveillance technologies like facial recognition, AI-based tracking, or online doxing, now is the time to act.

You don’t have to face these threats alone.

The intersection of immigration status, digital surveillance, and free speech is complex—and rapidly evolving. Even peaceful protest or a single photo online can put your visa status, educational future, and career in jeopardy. That’s why it’s critical to speak with an immigration attorney who understands not only the law, but the real-world impact of modern surveillance on international students.

Why You Should Schedule a Consultation with Attorney Richard Herman

Richard Herman and the Herman Legal Group have earned a national reputation for passionately defending immigrants in the most complex and sensitive legal situations. With decades of experience and a commitment to protecting civil liberties, the team stands ready to help international students safeguard their rights and futures.

Here’s why international students trust the Herman Legal Group:

  • Over 30 years of immigration law experience helping clients from over 100 countries navigate the U.S. legal system
  • Specialized expertise in complex student visa issues, SEVIS terminations, visa revocations, and politically motivated enforcement
  • Deep understanding of emerging surveillance threats, including facial recognition, AI-driven monitoring, and digital activism risks
  • Proven record of success in challenging removal proceedings, visa denials, and unlawful targeting
  • Multilingual team that understands your culture and speaks your language
  • Compassionate, personalized legal support tailored to your unique background, goals, and vulnerabilities

Don’t Wait Until It’s Too Late

Whether you’ve received a warning, been contacted by ICE, fear being reported, or just want to know your rights—an early legal consultation can make all the difference. Time is critical when it comes to protecting your immigration status and avoiding irreversible consequences.

Your voice matters. Your future is worth defending.

Schedule a confidential consultation with Richard Herman today and get the legal guidance you need in this new era of surveillance, technology, and targeted enforcement.

👉 Visit Herman Legal Group
👉 Call for a consultation: 1-800-808-4013
👉 Offices nationwide and consultations available virtually

Stay informed. Stay protected. Stand strong—with a lawyer who stands with you.

Schedule Your Consultation Online Now

 

 

 

Resources for Students and Advocates

Over 1200 International Students’ Status Revoked: Mass Visa Cancellations Rock U.S. Campuses

Students Shocked, Facing Potential Deportation

 

 

 

 

As of April 15 2025, more than 1200 international students and recent graduates, from 200 colleges, across the United States have reportedly had their student visas canceled or immigration status changed—often without warning—according to a growing number of colleges, student advocates, and immigration attorneys. These visa revocations have significantly impacted students and recent graduates, affecting their academic and professional futures.

 

These visa revocations affect students involved in various types of political activism as well as others with seemingly minor infractions. Universities are aware of the concerns and anxiety caused within the international community due to these visa terminations, highlighting the need for support and mental health resources for affected students.

 

 

What’s Happening: A National Crackdown on International Students

 

  • Over 1200 F-1 and J-1 visas have been revoked or immigration status altered.
  • Cancellations affect both currently enrolled students and recent graduates on OPT (Optional Practical Training).
  • Affected individuals come from over 200 colleges and universities, including top institutions like Harvard, Stanford, and Columbia.
  • Many schools say they’ve received no formal explanation for the government’s actions.

Source: Inside Higher Ed (original reporting based on campus communications and public records)

 

Targeting of Student Protesters and Minor Infractions

 

Anti-Israel Activism Under Scrutiny

 

  • U.S. Secretary of State Marco Rubio announced that more than 300 visas had been canceled as part of a policy targeting students involved in political movements, including anti-Israel protests.
  • Many of the affected students participated in pro-Palestine demonstrations.
  • “Every time I find one of these lunatics, I take away their visas,” Rubio said in a statement on March 27 while visiting Guyana.

Social Media Surveillance and “Catch and Revoke” Initiative

 

The U.S. State Department is using AI-based social media monitoring tools to scan for international students allegedly:

  • Supporting Hamas or other designated terrorist organizations
  • Expressing anti-Israel views

This initiative, informally dubbed “Catch and Revoke,” is believed to be a key driver of the visa cancellations.

Axios reports that findings from this monitoring have triggered automatic visa revocations, sometimes without student notification. Findings from social media monitoring have also led to detentions by ICE agents.

Students flagged by these surveillance systems could potentially face severe consequences, including the risk of being detained or barred from re-entry into the country.

 

Not Just Protesters: Minor Offenses Also Triggering Revocations

 

  • Some students have lost their visas for non-criminal infractions and minor crimes, such as:
  • Expired vehicle registration
  • Driving with a suspended license
  • These minor offenses have led to arrests, which in turn triggered alerts to Immigration and Customs Enforcement (ICE).

Despite these instances, there is no clear pattern in the reasons for these visa revocations.

 

Real-World Cases of Students Affected

Name School Incident Status
Felipe Zapata Velázquez University of Florida Arrested for traffic infractions, deported to Colombia Recovering in Colombia
Mahmoud Khalil Columbia University Participated in pro-Palestinian campus protests In ICE custody
Rumeysa Ozturk Tufts University Published an op-ed critical of Israel Detained, facing removal
Kseniia Petrova Harvard Medical School Failed to declare frog embryos at customs In ICE custody
Xiaotian Liu Dartmouth College No violation; visa revoked with no explanation Temporary court relief
Doğukan Günaydin University of Minnesota DUI conviction from years ago Detained by ICE

 

University representatives have commented on the implications of these visa revocations, highlighting concerns over the lack of communication from federal agencies and the privacy of affected students.

Student advocates and civil liberties groups argue that these cases show a disturbing erosion of free speech protections for foreign students in the U.S.

Nationwide Spike in Visa Revocations and SEVIS Terminations

 

NAFSA: Association of International Educators is raising the alarm over a wave of enforcement actions affecting international students and scholars in the United States. Since mid-March 2025, more than 950 reports have surfaced involving:

 

  • Visa revocations
  • SEVIS record terminations
  • Detentions and arrests

These incidents have been reported by institutions across all types of U.S. higher education—from community colleges to top-tier R-1 research universities—spanning every region of the nation. The press has reported on the implications of these actions on international education, highlighting the broader context of visa policy changes.

 

Who’s Being Affected?

 

  • Undergraduate and graduate students
  • Individuals on Optional Practical Training (OPT) and STEM OPT
  • Students from all regions of the world—there is no specific national trend

These actions are not limited to students involved in protests or criminal activity. In many cases, noncitizens, particularly international students, and schools have not been provided a clear reason or official notice in advance. This has significantly impacted non-U.S. citizens, raising concerns and anxieties within university communities regarding immigration enforcement and the protection of their rights.

 

 

What’s Changing in SEVIS Termination Codes?

 

NAFSA’s (Association of International Educator’s) review found that reasons for termination have shifted over time, reflecting broader trends in visa terminations:

 

Earlier Reasons Current Reasons
“Otherwise failing to maintain status” with citations to INA provisions “Other” with vague references to visa revocation or criminal checks
Specific references to foreign policy concerns or status violations No longer citing any specific INA provision
Citations to a criminal records check Now often noted as “and/or” instead of clear documentation

 

This lack of transparency and process is alarming. Students are not being informed of the exact charges or given a pathway to appeal, which raises serious due process concerns. Additionally, visa terminations can lead to students unintentionally overstay their legal residency, resulting in detention and potential deportation.

 

 

Why This Matters: National Security and Global Competitiveness

 

Fanta Aw, Executive Director and CEO of NAFSA, emphasized the broader consequences: “International students fuel American innovation, foster cultural exchange, and enhance our national security. Deterring them won’t make us safer—but it will rob us of global talent. Visa revocations could have adverse foreign policy consequences, as actions taken against international students are often justified by citing potential threats to U.S. foreign policy.”

 

The impact on American universities is significant, as these institutions face challenges in attracting international talent due to these visa issues.

 

Key points:

  • International students are among the most thoroughly vetted visitors to the U.S.
  • New enforcement trends risk deterring future applicants
  • Global competition for student talent is increasing, with interest surging in countries like Germany, France, and China

Explore more: About SEVIS | OPT Program Overview – USCIS

 

 

Legal and Human Rights Concerns Raised

 

First Amendment at Risk?

 

  • Attorneys representing students argue that their clients’ actions—such as writing opinion pieces or joining protests—are protected under the First Amendment. Students who participate in protests are exercising their rights, and this participation should not lead to punitive actions like visa revocations.
  • Visa cancellation based on protected speech could violate constitutional protections, although foreign nationals do not enjoy full constitutional rights in the U.S. The impact of student activism related to the war in Gaza has led to increased scrutiny and visa revocations, highlighting the broader implications of government actions in response to anti-war protests.

Lack of Due Process

 

  • Many students received no advance warning that their visas were canceled.
  • There is often no opportunity to appeal or contest the revocation before deportation proceedings begin.

Student Advocacy Groups Push Back

 

Affected students have created a crowdsourced database to track visa revocations across the country. As of April 4, the database documented revocations at over 50 colleges, including both public and private institutions. Other universities are also reporting similar issues with international students facing deportation and heightened scrutiny from authorities.

 

Legal organizations and academic institutions are now preparing challenges in court and lobbying Congress for oversight. They are committed to supporting affected students during this troubled period.

 

Increased Visa Vetting and Surveillance

 

The U.S. government has instructed its consulates worldwide to:

 

  • Enhance vetting of F-1 and J-1 student visa applicants as directed by federal authorities
  • Scrutinize social media for any posts that could be linked to terrorism or “anti-American” sentiment
  • Revoke visas post-entry if students are later flagged by surveillance systems

In recent weeks, there has been an increase in visa revocations, highlighting the swift actions taken by federal authorities and the subsequent uncertainty faced by educational institutions and affected students.

 

Resource:U.S. Department of State – Visa Policy

 

 

Universities Say They’re Left in the Dark

 

Schools like UCLA, Stanford, and UT Austin say they were never directly notified of visa revocations. University officials have commented on the lack of communication from federal authorities, expressing frustration over the opaque process. They often only discover cancellations when students disappear or lose SEVIS authorization. A press release issued by university officials highlighted the urgent need for better communication and transparency regarding these visa revocations.

 

Many revocations cite vague or broad reasons such as “violations of visa terms.” Many are alarmed by the lack of transparency and are calling on federal agencies to explain the criteria being used.

 

Implications for International Students

 

This sweeping wave of visa cancellations raises serious concerns for current and prospective international students:

 

  • Loss of legal status can happen without notice or due process
  • Participation in political activism, including protests or online speech, may now carry immigration risks
  • Minor infractions could result in ICE detention or removal

Over the past few weeks, there has been a significant increase in visa revocations, particularly affecting those involved in activism and protests related to the conflict in Gaza.

 

Students Face Quick Removal and “Self-Deportation” Pressure

 

CBP One app—now renamed CBP Home—encourages international students with revoked visas to “self-deport” to avoid being barred from future U.S. entry. Federal authorities are urging students to self-deport to comply with immigration laws. Specific announcements regarding visa revocations were made on a Friday, highlighting the urgency of the situation.

 

DHS warns failure to comply could result in:

 

  • Arrest and removal
  • Lifetime bans
  • Daily fines of $998 after final removal orders

“If they don’t leave, we will find them, we will deport them, and they will never return.” — Homeland Security Secretary Kristi Noem

 

 

Students Caught in Bureaucratic Confusion and Fear

 

  • Many international students involved in political activism live in constant fear of detention
  • Even those with clean records or minor administrative mistakes are being swept up
  • Financial, emotional, and academic costs are mounting

“We feel anxiety because we don’t know what’s going to happen… People could be targeted without being related to something.” — Anonymous student in Philadelphia

 

Photos capturing student protests and visa revocations are often used in reporting to highlight the impact of governmental policies on international students.

 

 

What Can International Students Do Now?

 

If you’re an international student in the U.S., take the following steps:

 

  • Consult an immigration attorney immediately if you’ve received notice of visa cancellation or ICE contact. Be cautious about participating in political activism, as it may impact your visa status.
  • You can find a qualified immigration lawyer at Herman Legal Group or through AILA’s Attorney Search
  • Monitor your SEVIS status using your school’s international student portal
  • Avoid minor legal infractions (expired tags, traffic violations, etc.)
  • Be cautious on social media—know that your posts may be monitored
  • Report visa concerns to your university’s international student office and document all communication

Despite observing instances of visa revocation among students with minor legal infractions, no clear pattern has emerged to explain these actions.

 

 

Legal Pushback: Courts as the Last Line of Defense

 

  • In several cases, judges have issued temporary restraining orders to halt removals related to political activism
  • In Liu’s case, the judge acknowledged that revoking a visa does not grant ICE automatic removal powers
  • Students like Liu have no criminal history or protest involvement—raising broader civil liberty concerns

Despite these legal challenges, there is no clear pattern in the reasons for visa revocations.

 

Recommended legal resource: AILA Immigration Lawyer Directory

 

 

U.S. for Success Coalition Calls on Congress to Act

 

NAFSA, alongside other founding members of the U.S. for Success Coalition, is urging Congress to:

 

  • Intervene and demand explanations from the administration, and protect students involved in political activism
  • Protect international students and scholars from arbitrary enforcement
  • Prioritize policies that preserve U.S. global leadership in higher education

Despite these efforts, there is no clear pattern in the reasons for visa revocations, making it difficult to address the issue effectively.

 

New Survey Data Shows:

 

  • 40% drop in international postgraduate interest in U.S. schools since January 2025
  • Growing preference for alternatives in Europe and Asia

Take Action: How You Can Help

 

The Coalition is calling on students, university leaders, businesses, and foreign policy experts to:

 

  • Contact their members of Congress and advocate for policies that protect students involved in political activism
  • Advocate for policies that welcome international talent
  • Highlight the economic and cultural contributions of international education

Despite observing instances of visa revocation among students with minor legal infractions, no clear pattern has emerged to explain these actions.

 

You can find your elected officials and send a message through this portal: Contact Your Congressperson

 

 

FAQs: F-1 Visa and SEVIS Revocation in April, 2025

What does it mean to have an F-1 visa revoked?F-1 visa revocation means the U.S. Department of State has formally canceled your visa. This typically makes you ineligible to re-enter the U.S. using that visa. If you’re already in the U.S., revocation does not automatically terminate your lawful status—but it may trigger enforcement actions such as arrest, detention, or removal. Participation in political activism may now carry immigration risks, as recent actions suggest that students involved in protests or expressing controversial views have been targeted. Despite these instances, there is no clear pattern in the reasons for visa revocations.

What is a SEVIS termination?SEVIS termination refers to the deactivation of your F-1 student record in the Student and Exchange Visitor Information System. Once your SEVIS record is terminated, you are considered out of status and are no longer legally authorized to remain in the U.S. unless you file for reinstatement or another legal remedy.

Can my visa be revoked while I’m still in the U.S.?Yes. The U.S. Department of State can revoke your visa at any time, even if you are already in the country. This revocation may not immediately affect your current status but could result in detainment or removal proceedings if reported to ICE.

Do I get notified if my visa is revoked or SEVIS is terminated?In many recent cases, students have not received formal, timely notice. Universities often learn about SEVIS terminations through system updates, and visa revocations may only be discovered during travel, visa applications, or ICE enforcement actions.

What reasons are being cited for SEVIS terminations in 2025?Initially, SEVIS terminations referenced failure to maintain status or potential foreign policy threats. Recently, termination reasons have changed to vague terms like “Other” or “Criminal Records Check and/or Visa Revocation,” often without citing specific violations of immigration law.

Can a minor offense like a traffic violation lead to SEVIS termination or visa revocation?Yes. Some students have reported visa revocations or ICE arrests following minor legal infractions, such as driving with an expired registration or a suspended license. These are being used as justification for more severe immigration enforcement actions.

What legal authority does the government have to revoke a visa or terminate SEVIS records?The Department of State can revoke a visa under INA § 221(i). DHS/ICE can terminate SEVIS records for violations of status or other grounds under 8 CFR § 214.1. However, courts are currently evaluating whether some 2025 actions violate due process or exceed statutory authority.

Can I appeal a visa revocation or SEVIS termination?There is no formal appeal process for a visa revocation. SEVIS terminations may be challenged through a reinstatement application with USCIS or through federal court litigation. In some cases, temporary restraining orders have blocked deportation while cases are reviewed.

What is the difference between being “out of status” and having your visa revoked?Visa revocation refers to your travel document being canceled. Being “out of status” refers to your legal standing while inside the U.S. You can be in the U.S. lawfully on an expired visa but fall “out of status” if your SEVIS is terminated or you violate visa conditions.

What happens if I am detained by ICE after visa revocation?You may be placed in immigration detention and begin removal proceedings. You could be given a Notice to Appear (NTA) before an immigration judge. You may also be encouraged to self-deport through voluntary departure offers or the CBP Home app.

Can I leave the U.S. voluntarily if my visa was revoked or SEVIS terminated?Yes. You can use tools like CBP Home to notify the government of your intent to depart voluntarily. This may preserve eligibility to return in the future. Failure to depart may trigger removal orders, fines, or bans on reentry.

Is there a risk of reentry ban if I remain in the U.S. after SEVIS termination?Yes. If you accrue unlawful presence (typically 180 days or more), you may face 3- or 10-year bars to reentry. If you are ordered removed and fail to comply, you may face permanent inadmissibility under INA § 212(a)(9).

What should I do if I learn my SEVIS has been terminated?

  • Immediately contact your Designated School Official (DSO) for clarification
  • Consult an immigration attorney to determine options for reinstatement or change of status
  • Avoid leaving the U.S. without legal advice, especially if your visa has also been revoked
  • Monitor your SEVIS status through your student portal or SEVP Portal

What are my legal options after SEVIS termination?

  • Apply for reinstatement through USCIS within five months
  • Change to another nonimmigrant status (such as B-2) if eligible
  • File a federal lawsuit if you believe your rights were violated
  • Voluntarily depart to avoid accruing unlawful presence or receiving a removal order

Is political speech or protest grounds for SEVIS termination or visa revocation?It should not be. However, recent actions suggest that students participating in protests or expressing controversial views—particularly on Palestine or Israel—have been targeted. Legal challenges are underway to test the constitutionality of these actions under the First Amendment.

Do universities receive official notification of visa revocations?No, not always. In most 2025 cases, universities only discovered changes after checking SEVIS or DHS databases. Students often notify schools after learning independently of the revocation or termination.

Can my university help me challenge a SEVIS termination?Your university’s DSO can help correct SEVIS errors or clarify record details, but they cannot reverse visa revocations or guarantee reinstatement. You may need an immigration attorney to pursue more formal remedies.

Are students being fined for overstaying after visa revocation?Yes. DHS has warned that students may be fined $998 per day after a final order of removal if they remain in the U.S. This is part of a new enforcement measure meant to discourage resistance to departure.

Has this happened before, or is this new under the current administration?While SEVIS terminations and visa revocations are not new, the scale, speed, and lack of transparency seen in 2025 are unprecedented. Many believe this is part of a broader strategy to deter foreign student presence in the U.S.

Are students from certain countries being disproportionately targeted?Currently, no single nationality is being reported as more frequently targeted. Students from all regions—including Europe, Asia, Latin America, and the Middle East—are reporting visa or SEVIS issues.

What is NAFSA doing about this?NAFSA is collecting data, coordinating with attorneys, issuing alerts, and urging Congressional intervention through the U.S. for Success Coalition. Their goal is to restore due process, transparency, and global confidence in U.S. education.

Learn more: NAFSA’s Advocacy Center

How can I protect myself from being targeted?

  • Keep your documents up to date, including SEVIS I-20, visa, and passport
  • Avoid legal infractions, even minor traffic violations
  • Be careful on social media, as AI monitoring may flag politically sensitive content
  • Stay informed via your school’s international office and trusted immigration sources

 

Conclusion: A Time of Uncertainty for International Students

The recent escalation in visa revocations under the “Catch and Revoke” initiative signals a new era of surveillance and enforcement. While many of these actions are tied to political activism, others result from mundane legal infractions. Despite these observations, there is no clear pattern in the reasons for visa revocations.

Without due process protections and transparency, thousands of students remain vulnerable. Universities, legal advocates, and student organizations are urging the federal government to reconsider this sweeping approach and restore fairness to the immigration process.

For those affected, the path forward is legally complex—but not impossible. Early legal intervention can help protect your rights, challenge visa revocation, or pursue reinstatement.

 

Why You Should Schedule a Consultation with Immigration Attorney Richard T. Herman Today

 

If you’re an F-1 or J-1 international student worried about the growing wave of visa cancellations, SEVIS terminations, or unexpected immigration enforcement, you’re not alone—and you don’t have to face this moment unprepared. Advocate for policies that protect students involved in political activism to ensure a safer environment for everyone.

 

Now, more than ever, your future in the United States may depend on the legal advice you get today.

 

The government is revoking visas and terminating SEVIS records at an unprecedented pace—often without warning, clear explanation, or due process. Even students with spotless records, no criminal history, and years of lawful presence have been detained, deported, or pressured to self-deport. Minor infractions, online posts, or even peaceful protest involvement have triggered life-altering immigration actions. Despite these actions, there is no clear pattern in the reasons for visa revocations.

 

 

Don’t wait until it’s too late.

 

If the Herman Legal Group, is a nationally recognized immigration attorney with decades of experience defending international students, scholars, and professionals. He understands the legal, emotional, and cultural challenges facing international students in today’s volatile environment—and he fights with intelligence, strategy, and compassion. Readers should advocate for policies that protect students involved in political activism. Despite observing instances of visa revocation among students with minor legal infractions, no clear pattern has emerged to explain these actions.

 

When you schedule a consultation with Attorney Herman, you gain:

 

  • A thorough, individualized legal risk assessment
  • A clear explanation of your rights and options, including reinstatement, change of status, or litigation
  • Strategic preparation to respond to ICE, SEVP, or visa officers
  • Guidance on how to avoid mistakes that could cost you your education, your freedom, or your future

Your immigration status is too important to leave to chance—or to generic advice online.

 

Protect your dreams. Protect your status. Get the answers you need.

 

Schedule a confidential consultation with Attorney Richard T. Herman today.

 

Call:  1-216-696-6170

 

Schedule Online

 

 

Helpful Resources

 

SEVIS Terminated: What F-1 Students Must Know and Do Immediately (2025 Update)

 

 

If your SEVIS record has been terminated—or you’re worried it might be—this comprehensive guide is for you. The consequences are serious, but with the right information, quick action, and legal support, many students can protect their future in the U.S.

 

Serious concerns erupted across U.S. universities after the Trump administration and the federal government canceled more than 1200 international student visas and/or terminated SEVIS records, involving 200 colleges, without notice.  For a map of where these students attend college, as of April 15, 2025, see this resource.

 

These actions have sparked fear and confusion, especially among F-1 visa holders, many of whom are unsure how to protect themselves.

 

This guide breaks down what’s happening, what students need to watch for, and what legal tools may help.

What Changed Under Trump?

 

In the past, the U.S. Department of State generally revoked a student visa only if the student:

 

  • Was arrested or convicted of a crime in the U.S.
  • Committed immigration fraud or violations.

What’s new now?

 

The government appears to be expanding its enforcement tactics through federal agencies, and bases for student visa/status revocation, using alternative information sources such as:

 

  • Social media activity
  • Immigration history
  • Political involvement or activism

These factors may now be considered “red flags,” even without formal charges or convictions. In most cases:

 

  • The student isn’t directly notified until action has already been taken.
  • Universities often aren’t informed at all.
  • There often are no explanations provided.

These measures have raised significant concerns regarding due process, legal justifications, and potential violations of First Amendment rights.

Affected students have begun filing lawsuits challenging these actions, citing violations of due process and other legal protections.

Before we dive deep into SEVIS terminations, lets first address the difference between visa revocation and SEVIS terminations.

 

Understanding Student Visas and Status

 

Visa vs. Status

 

A visa allows entry into the U.S., while “status” refers to the legal permission to stay and study. Revoking a visa does not automatically terminate a student’s status.

 

SEVIS

The Student and Exchange Visitor Information System (SEVIS) is managed by ICE to monitor international students. Termination of a SEVIS record can lead to immediate loss of legal status.

 

Legal Framework for Visa Revocations and SEVIS Terminations

 

Visa Revocation:

 

DOS can revoke visas under specific grounds, including suspected criminal activity or foreign policy concerns. However, revocation alone doesn’t mandate immediate departure from the U.S.

Important: A visa is only required to enter the U.S. It does not determine your legal status while you’re inside the country. Losing your visa does not automatically end your legal stay.

 

Why Are F-1 Student Visas Being Revoked?

 

The U.S. Department of State (DOS) has increased its use of “prudential visa revocations.” This means that a visa can be revoked:

  • Without a recent immigration violation
  • Even if there is no conviction or arrest
  • Based on perceived threats to U.S. foreign policy

Common reasons include:

  • A prior arrest or dismissed criminal charge
  • Online activity, including social media posts, that are interpreted as “anti-American” or “politically concerning”
  • Participation in campus activism
  • Mistaken identity or false allegations

 

Legal Reference:


 

SEVIS/Status

 

ICE or the DSO can terminate a student’s status under limited circumstances, such as failure to maintain full-time enrollment or involvement in unauthorized employment. Recent terminations have cited vague reasons like “serious adverse foreign policy consequences.” Federal regulations outline the specific circumstances under which the Department of Homeland Security can terminate a student’s legal status, detailing the implications of such actions on students’ rights and legal standing in the U.S.

What Is SEVIS and What Happens When It’s Terminated?

 

SEVIS (Student and Exchange Visitor Information System) is a government database managed by ICE (Immigration and Customs Enforcement) that tracks international student activity. The SEVIS system is crucial for monitoring visa statuses and ensuring compliance with immigration regulations.

SEVIS terminations often cite:

 

  • “Failure to maintain status”
  • “Serious adverse foreign policy consequences”
  • INA § 237(a)(1)(C)(i) (used broadly in termination notices)

Consequences of SEVIS Termination:

 

  • Immediate loss of F-1 status
  • Loss of work authorization, including OPT/CPT
  • Termination of status for any dependents (F-2 spouses/children)
  • Ineligibility to re-enter the U.S. if you travel abroad

Termination of a student’s SEVIS record can have severe implications on their legal status, including the immediate loss of F-1 status and work authorization.

See:Study in the States – DHS

 

 

Notable Legal Cases

·        Bouarfa v. Mayorkas (2024): The Supreme Court ruled that the Secretary of Homeland Security’s decision to revoke an approved visa petition is discretionary and not subject to judicial review.

·        Jie Fang v. Director, ICE (2019): The Third Circuit held that ICE’s termination of student visas was a final order subject to judicial review under the Administrative Procedure Act (APA).

·        Liu v. Noem (2025): A Dartmouth College doctoral student filed a lawsuit alleging that the termination of his F-1 status without explanation violated due process rights.

 

 

Due Process Concerns

 

The abrupt nature of these enforcement actions raises concerns about violations of due process. Students often receive little to no prior notice or explanation, limiting their ability to respond or seek legal recourse. This approach has been criticized for lacking transparency and fairness.

 

 

Who Is Affected?

 

  • International students (primarily F-1 visa holders)
  • Some J-1 exchange visitors
  • Students with:
    • Any law enforcement encounter, even if:
      • Charges were dismissed
      • The incident occurred before their most recent visa issuance
      • The offense was a minor misdemeanor or dated
    • No criminal convictions but a record of arrest or investigation

 

What’s Changing? SEVIS Termination Trends

 

Traditional SEVIS Termination Process

 

  • Normally initiated by the university DSO
  • Based on academic or immigration status issues

Current SEVP-Led Terminations

 

  • Initiated by ICE, not by schools
  • Often occur without notifying students or DSOs
  • DSOs discover terminations only during internal reviews or reporting audits, where inconsistencies have been reported
  • Visa revocations are often discovered via DOS emails or SEVP replies after DSO inquiries

Impact on Students

 

Loss of legal F-1 or J-1 immigration status for impacted students

Sudden ineligibility for benefits like:

  • Optional Practical Training (OPT)
  • STEM OPT extension
  • Potential accrual of unlawful presence, risking future visa eligibility bans
  • Visa revocation without notification
  • Inability to travel internationally without triggering severe immigration consequences

 

Economic Impact on the U.S.

 

This aggressive action against international students will have an adverse impact on US higher education and the U.S. economy.

 

International students significantly contribute to the U.S. economy. According to NAFSA, during the 2023-2024 academic year, international students contributed $43.8 billion and supported 378,175 jobs.

 

More than 160,000 international students working on OPT could be impacted

 

Many students in STEM fields are especially at risk

 

University funding models rely heavily on full tuition paid by foreign students NAFSA Economic Value Tool

 

Aggressive enforcement actions risk deterring future international enrollments, potentially leading to substantial economic losses. Maintaining legal status is crucial for students pursuing permanent residency, as it ensures a smooth path to achieving it.

 

OK. Now that we have addressed the difference between visa revocation, and SEVIS status termination, touching on the court cases and economic impact of international students, let’s dive into the SEVIS and SEVIS termination!

 

What Is SEVIS and Why Does It Matter?

 

SEVIS (Student and Exchange Visitor Information System) is the government database that tracks:

  • Your visa status
  • Enrollment and academic changes
  • Work authorization (CPT, OPT, STEM OPT)
  • Travel and address updates

It links your I-20 form to your legal immigration status as an F-1 or M-1 student.

 

Learn more at the SEVIS Help Hub

 

The Student and Exchange Visitor Program (SEVP) is the Department of Homeland Security program that administers SEVIS.  It is part of ICE:  Immigration & Customs Enforcement.  It ensures that government agencies have essential data related to nonimmigrants students and exchange visitors to preserve national security.  SEVP is part of the National Security Investigation Division.

 

What Is SEVIS Termination?

 

When a student’s record or dependent’s SEVIS record is terminated, it means that the U.S. government has ended their immigration status in the database. Depending on the reason, this may happen automatically, through DSO (Designated School Official) action, or by SEVP/DHS.

 

  • Termination = out of status
  • Out of status = no work, no benefits, and risk of deportation
  • There is no grace period for students to remain in the U.S. after termination

In plain terms, SEVIS termination means it:

  • Immediately ends your F-1 status
  • Makes it illegal to work (even on campus)
  • Leads to unlawful presence and future visa bans
  • Affects any F-2 dependents
  • Puts your future in the U.S. at serious risk

Important: SEVIS termination is not the same as deportation. Unless you receive a Notice to Appear (NTA) in immigration court, you still have legal options.

SEVIS can be terminated by either the DSO (Designated School Official) or by the Department of Homeland Security.

 

 Why Are So Many SEVIS Terminations Happening in 2025?

 

There’s been an unprecedented wave of terminations across U.S. universities. What’s different now?

  • No warning: Students and schools often learn about termination after the fact.
  • Government-initiated terminations: Many are triggered by DHS, not schools.
  • Minor infractions (like speeding tickets) or political activity are being cited.
  • AI surveillance tools may flag students based on social media or keywords or face-recognition technology.

Schools Reporting Terminations

 

  • California: UCLA, UC Berkeley, Stanford, UCSD
  • Midwest: Central Michigan, Minnesota State, Ohio State
  • South & West: Texas A&M, Arizona State, University of Oregon
  • East Coast: Cornell, UMass Amherst, NC State

Read more on this ICE policy shift


 

 

What Are the Reasons for SEVIS Termination?

 

There are many reasons, some clear and some very vague, that opens the door for the DSO or DHS to cancel the SEVIS record.

Below are the reasons that are stated by SEVP:

 

 Student Termination Reasons (DSO-Initiated)

 

These are reasons DSOs can manually choose to terminate a student’s SEVIS record:

 

1. Absent from Country for 5+ Months

 

  • The student has been abroad for over 5 months.
  • The absence wasn’t part of a formal authorized withdrawal.

Not for:

  • Authorized leaves of absence
  • Students who failed to re-enroll after vacation

2. Authorized Drop Below Full Course Load (Exceeded)

 

  • A student previously had an approved reduced course load (RCL), but failed to resume full-time study afterward.

3. Authorized Early Withdrawal

 

  • The student voluntarily withdrew and had DSO approval.

Important:

  • F-1 students must leave within 15 days
  • M-1 students must leave immediately

4. Change of Status Approved

 

  • USCIS approved a change to another immigration status (e.g., permanent resident, H-1B)

SEVIS auto-terminates when USCIS notifies via CLAIMS.

 

5. Change of Status Denied

 

  • A student tried to switch status (e.g., from F-1 to B-2) and was denied.

SEVIS may auto-terminate based on USCIS data.

 

6. Change of Status Withdrawn

 

  • A student filed for change of status but later withdrew the application.

7. Death

 

If the student has passed away.

 

8. Denied Transfer (M-1 Only)

 

  • An M-1 student’s transfer to another school was denied by USCIS (via Form I-539).

9. Expulsion

 

  • The student was expelled and is no longer eligible to enroll.

10. Extension Denied (M-1 Only)

 

  • A student’s request to extend their M-1 program was denied by USCIS.

11. Failure to Enroll

 

  • A student in Initial or Active SEVIS status fails to enroll for a required term.

Not the category if:

  • The student is suspended or expelled
  • They requested early withdrawal

12. Failure to Report While on OPT

 

  • The student on STEM OPT didn’t submit mandatory validation reports (at 6, 12, or 18 months).

13. No Show – Manual Termination

 

  • A new student entered the U.S. but never showed up at school.

Not for:

  • Transfer students

14. Otherwise Failing to Maintain Status

 

  • No specific reason fits, but the student still violated status.

There must be detailed notes in the SEVIS record explaining the issue.

 

15. Suspension

 

  • The student is suspended and cannot maintain a full course load.

16. Transfer Student No Show

  • A student transferred schools but failed to report or enroll at the new school.

17. Transfer Withdrawn (M-1 Only)

 

  • A student withdrew their USCIS transfer request (Form I-539).

18. Unauthorized Drop Below Full Course

 

  • A student dropped below full-time enrollment without DSO approval.

19. Unauthorized Employment

 

  • The student worked without authorization or exceeded work limits.

20. Unauthorized Withdrawal

 

  • The student withdrew or stopped attending without telling their DSO.

21. Violation of Change of Status Requirements

 

  • A student began studying before USCIS approved their status change.

 

Dependent Termination Reasons (F-2/M-2 Status)

 

These apply to spouses or children of international students:

 

1. Child Over Age 21

 

SEVIS should automatically terminate dependents when they turn 21.

  • The system fails to update on the dependent’s 21st birthday.

2. Death

 

If the dependent has died.

 

3. Divorce

 

  • The F-2 or M-2 spouse is no longer legally married to the student.

4. Other

 

  • No listed reason fits.
    SEVIS record must contain a full explanation.

5. Principal Status Completed

 

  • The student completed their program and their dependent is still Active.

6. Principal Status Terminated

 

  • The student was terminated, so their dependent must also be terminated.

7. Status Changed Due to J-1

 

It applies only to J-1 dependents, not F or M visas.

 

8. Unauthorized Employment

 

  • A dependent worked without legal permission.

 

 

SEVP-Only Termination Reasons (DHS Adjudicators)

 

These reasons are not available to DSOs but may show up in a student’s record:

 

1. Exceeded OPT Unemployment Time

 

  • A student:
    • On 12-month post-completion OPT exceeds 90 days of unemployment
    • On STEM OPT exceeds 150 days total

2. Failure to Comply with I-515A

 

  • The student failed to submit required documents after entering the U.S. with Form I-515A.

What is I-515A?

 

3. Failure to Repay I-901 Fee Chargeback

 

  • A payment for the SEVIS I-901 fee was reversed, and the student didn’t pay it again.

Pay I-901 SEVIS Fee

 

4. Failure to Report While on OPT (System Termination)

 

  • The DSO didn’t update validation reports for a STEM OPT student within the required timeframe.

5. No Show – System Termination

 

  • The student entered the U.S. but was not registered in SEVIS within 60 days of the start date.

6. Other (SEVP Use)

 

  • No listed reason fits and a SEVP officer enters the termination.

7. School Withdrawn

 

  • A school loses SEVP certification.

8. Violation of Change of Status Requirements – System

 

  • USCIS approved a status change, but the student violated related conditions.

9. Change of Status Approved – System

 

  • USCIS approves a new status, and SEVIS ends the record because the new benefit period has begun.

Access the official SEVIS Help Hub here:

SEVIS Termination – Study in the States

 

 

 

How Long Can You Stay After SEVIS Termination?

 

There is no automatic grace period after a termination based on a status violation.  This issue has recently changed relating to the accumulation of unlawful presence (impacting your ability to re-enter the U.S. in the future).

 

Prior Practice:  Unlawful Presence

 

  • If admitted under “Duration of Status” (D/S), unlawful presence may not begin until:
    • USCIS or an immigration judge issues a decision, or
    • You leave the U.S. with an unresolved status.
  • 180+ days of unlawful presence = 3-year ban
  • 365+ days = 10-year ban

 

 

Current Practice:  Unlawul Presence

 

Unlawful presence begins immediately upon SEVIS termination based on recent amendment to USCIS website (unlawful presence begins when status ends)

 

Legal Concerns: Unlawful Presence Rules in Flux

 

On September 24, 2024, USCIS updated the language on its website regarding unlawful presence for students admitted under Duration of Status (D/S). Here’s the issue:

 

  • 2009 Policy (Still in effect per USCIS manual):
    • Unlawful presence only begins if:
      • A USCIS denial explicitly cites a status violation, or
      • An immigration judge issues a removal order
  • New Website Language (2024):
    • Suggests unlawful presence begins the day after status ends if the student remains in the U.S.

Potential Conflict

 

If DHS begins enforcing the new interpretation, students could unknowingly accrue unlawful presence, leading to 3- or 10-year reentry bans.

 

 

Do You Have to Leave the U.S. Immediately?

 

No. Unless you are:

 

  • Served a Notice to Appear (NTA)
  • Placed in formal removal (deportation) proceedings
  • Ordered removed by an immigration judge

While termination is not the equivalent of a removal order issued by a judge, if you do overstay after SEVIS termination  you will be accumulating unlawful presence, which could impact your ability to re-enter the U.S. in the future.

 

Many students panic and self-deport after getting intimidating emails, but you may still have options to stay and fight.

 

 

 

YOU HAVE LEGAL RIGHTS & OPTIONS

 

Step-by-Step: What to Do Immediately

 

1. Confirm Termination

 

  • Contact your Designated School Official (DSO)
  • Ask for:
    • SEVIS record status
    • Termination reason (specifically the codes used)
    • Printed copy of your latest I-20
  • Request updates in writing

 

 

2. Review SEVIS Termination Reasons

 

Common termination grounds include:

 

Reason

Legal Basis

Serious adverse foreign policy consequences INA § 237(a)(4)(C)(i)
Identity match in criminal records INA § 237(a)(1)(C)(i)
Visa revoked due to unspecified security grounds See DOS Visa Revocation

3. Save Your I-94 Record

 

4. Collect Key Documents

 

  • All I-20s, visas, approval notices
  • Passport ID page, travel history
  • Academic transcripts, course enrollment letters
  • Police or court documents (if applicable)

 5. File for SEVIS Reinstatement with USCIS

 

  • Use Form I-539, Application to Extend/Change Nonimmigrant Status
  • USCIS: I-539 Information
  • You must explain the violation and request reinstatement
  • You cannot work (OPT/CPT) while it is pending

Note: USCIS does not offer premium processing for reinstatement applications.

 

6. Request a SEVIS Data Fix (Through Your DSO)

 

  • If termination was based on an error (wrong identity, paperwork issue), schools may request a correction directly with SEVIS.

7.  File a Change of Status to B-1 or B-2

While there is not guarantee this would work, you could consider filing an I-539 requesting a change of status to B-1 (short term business visitor) or B-2 (short term tourist) — requesting six months of additional stay.

A couple of challengesL

 

a.)  You have to be in status when you file for a change of status. However, USCIS has discretion to accept a late filing.  The applicant would argue that she/he filed quickly after receiving notice of SEVIS termination, and that due process should excuse a late filing, since the SEVIS termination was done without notice.

b.)  USCIS is part of US Department of Homeland Security which is controlled by the White House.  If the White House is ordering this mass termination of SEVIS records, it may also be logical to expect that it is ordering USCIS not to allow for impacted students to access a safe island of  new non-immigrant status.

 

8.  Challenge the Termination in Immigration Court

 

  • If ICE issues a Notice to Appear, you will be able to present your case before a judge.
  • You have the right to:
  • Hire a lawyer (at your own cost)
  • Request bond if detained
  • Present evidence showing valid status

8. File a Federal Lawsuit Under the APA

 

  • Under the Administrative Procedure Act, federal courts may review wrongful SEVIS terminations.
  • This strategy is being pursued in recent high-profile cases, such as:
    • Jie Fang v. Director, ICE, 935 F.3d 172 (3rd Cir. 2019)
    • Liu v. Noem, filed April 2025 by a Dartmouth student with ACLU support
    • ACLU Lawsuit Info

9. Seek legal counsel from an experienced immigration attorney

 

Immigration attorneys can seek to verify SEVIS termination directly with SEVP, as well as explore all legal options.

There is a pro se option, if you are unable to afford a lawyer, call Pro Se Pro.

 

Chart: Options After SEVIS Termination

 

Action

Speed

Chance of Success

Notes

Contact DSO Immediate Varies Good first step
Apply for Reinstatement (I-539) 3–12 months Moderate No guarantees
File Federal Lawsuit 1–6 months Moderate Requires preparation
Leave and reenter Get new I-20 and visa abroad After SEVIS reset Visa denial possible
Change visa status Apply for another nonimmigrant status Varies Must be eligible
Do nothing Stay without status Immediate risk Deportation & visa bans

Summary: What You Should Do Now

 

If you’ve received an email about visa revocation or SEVIS termination:

 

Do:

 

  • Stay calm and seek legal advice
  • Contact your DSO immediately
  • Collect all emails and documents you’ve received
  • Document your full-time enrollment and any legal history

Do Not:

 

  • Leave the U.S. hastily unless you understand your legal situation
  • Ignore deadlines or assume ICE won’t follow up
  • Rely solely on school staff for legal advice

 

Can You Continue Studying?

 

Sometimes, yes. Your school may choose to keep you enrolled while attempting to fix your SEVIS record. This is done by requesting a “data fix” or reinstatement.

 

  • Schools can submit a correction request to SEVIS if they believe the termination was mistaken or unjustified
  • This does not guarantee reinstatement, but is a first step toward resolution

Wellness Resources

 

This is very stressful stuff. If your SEVIS record is terminated or you’re feeling anxious about your status,  please contact legal and health care professional.  This is very stressful environment now, and you should access experts on F-1 visas, as well as student mental health services, student support and advocacy, and academic advising, if needed.

 

More on Reinstatement

 

What Is the 5-Month Rule?

 

  • You must file a reinstatement request within 5 months of termination.
  • This is not a grace period to stay—it’s a filing deadline.
  • If you miss it, you’ll need to leave the U.S. and reapply for a new visa.

USCIS Form I-539 – Application for Reinstatement

 


Eligibility Requirements

 

  • No unauthorized work
  • Enrolled or intend to enroll full-time
  • No repeated violations or criminal record
  • Termination must be beyond your control

Filing Process

 

  • Work with your DSO for a new I-20 (for reinstatement)
  • Submit Form I-539 to USCIS with:
    • Personal statement
    • Supporting evidence
    • $470 ($420 if filed online)
  • Remain enrolled but no work allowed
  • Processing time: 3–12 months

 


 

 

Special Cases: OPT, STEM OPT, H-1B Applicants

 

OPT & STEM OPT

 

  • SEVIS termination ends your work authorization
  • Stop working immediately
  • You cannot apply for STEM extension unless reinstated first

H-1B Lottery Winners

 

  • Cap-Gap benefits may end if SEVIS is terminated
  • You might need to leave the U.S. and consular process your visa
  • Consult a lawyer urgently to protect your petition

New Legal Developments: You May Have Grounds to Sue

 

Several lawsuits are underway to challenge:

 

  • Terminations without notice
  • Retaliation for political speech or peaceful protest
  • Unlawful use of AI-based surveillance

Legal Arguments

 

  • Violates due process and First Amendment rights
  • Overbroad use of INA 237(a)(4)
  • Lack of specific notice or appeal process

Read more at the Knight First Amendment Institute

 

 

How to Check Your SEVIS Record Regularly

 

  • Request your DSO log into SEVIS and confirm your record
  • Ask for updates every 2–3 weeks
  • Monitor your email for notices from SEVP, ICE, or USCIS
  • Log key dates and save all communications

Can I Check My Own SEVIS Record?

 

Unfortunately, students do not have direct access to SEVIS.

 

Here’s what you can do:

 

  • If the DSO has not contacted you via your university email, your SEVIS record is likely still active.
  • DSO staff cannot see pending terminations or reasons in SEVIS.
  • There is no feature that allows DSO to check SEVIS records by request unless the termination has already occurred.

If you receive any message from SEVP, a U.S. consulate, or Embassy, or notice changes in your SEVP OPT Portal, contact DSO immediately.

 

 

WHat Should I Do If My SEVIS Has NOT Been Terminated?

 

To protect your visa status, follow these proactive steps:

 

1. Carry Copies of Your Documents

 

Keep color photocopies of the following on you at all times (even while in the U.S.):

  • Valid I-20 or DS-2019
  • Passport ID page and visa stamp
  • I-94 travel record

Download your I-94 here
Know Your Rights Guide – ACLU

 


2. Maintain Full-Time Enrollment

 

F-1 and J-1 students must be enrolled full time unless you’ve received a Reduced Course Load (RCL) authorization from ISS.

Enrollment & Status Requirements at UW

 


3. Update Your Address

 

You must update your U.S. address within 10 days of moving:

Failure to report address changes is a status violation.

 


4. Monitor Your Documents and Deadlines

 

Check your I-20 or DS-2019 for the program end date. Plan ahead to request:

  • Program extensions
  • Reduced course load for final quarter
  • OPT, CPT, or STEM OPT extensions

 

5. Check with your DSO on your SEVIS status regularly

 

Keep full-time enrollment and DSO communication.  Check you email, and spam folders, regularly.

 

 

6. Don’t work outside authorized programs

 

  • Don’t work with express permission in compliance with immigration laws
  • Avoid monetized social media or freelance work

 

7. Be Prepared for International Travel

 

Traveling while on F-1 or J-1 status requires advance planning.

  • Re-entry may be delayed if your visa has been revoked
  • Register your travel with the DSO
  • Consult an immigration attorney before you depart

 

Real Risks: What Can Trigger SEVIS Termination?

 

Standard School-Based Reasons

 

  • Dropping below full-time enrollment
  • Unauthorized online classes
  • Working without permission (on or off campus)
  • Academic suspension or withdrawal

Recent Government-Initiated Reasons

 

  • Political activism
  • Social media posts
  • Minor legal violations (even resolved tickets)
  • Broad “national security” concerns

Hidden Triggers

 

  • Accepting YouTube ad revenue or free products for content
  • Monetizing a personal blog or affiliate link
  • Receiving cryptocurrency in exchange for services

See USCIS Policy on Unauthorized Employment

 

 

FAQs on SEVIS Termination for F-1 Students


What is SEVIS?

SEVIS stands for the Student and Exchange Visitor Information System, a database managed by U.S. Immigration and Customs Enforcement (ICE) that tracks and monitors international students and exchange visitors (F, M, and J visas) during their stay in the U.S.


What does it mean when a SEVIS record is “terminated”?

A SEVIS termination means that ICE or your Designated School Official (DSO) has deactivated your SEVIS record. This typically means the student is no longer considered to be maintaining valid F-1 status, and may be considered out of status, which can lead to removal proceedings and other immigration consequences.


Can I stay in the U.S. after my SEVIS record is terminated?

You may remain in the U.S. only if ICE initiates removal proceedings and you are served a Notice to Appear (NTA). Until that happens, there is no automatic requirement that you leave. However, without valid status, you may accrue unlawful presence and risk future bars to re-entry if you stay too long without remedy.


Does a SEVIS termination automatically mean I have to leave the U.S.?

No. A SEVIS termination does not automatically require you to depart the U.S., unless you are ordered removed by an immigration judge. You may have options to reinstate your status or defend your case in immigration court.


Can I continue studying if my SEVIS is terminated?

You may continue attending classes only if your school permits it. However, you are not in valid immigration status unless your SEVIS record is active, so you cannot work or engage in OPT/CPT.


Can my school fix a SEVIS termination?

Yes. Your school can submit a “SEVIS data fix” request to correct mistaken or premature terminations. This is usually effective if the termination was caused by technical errors or misunderstandings.


How can I apply for reinstatement of my F-1 status?

You can file Form I-539 with USCIS to request reinstatement of F-1 status. You must demonstrate that:

  • The violation of status was not your fault
  • You are still enrolled or plan to be
  • You have not engaged in unauthorized work
  • You have not been out of status for more than five months (with exceptions)

Can I work while my reinstatement application is pending?

No. You cannot work on or off campus, or participate in Optional Practical Training (OPT) or Curricular Practical Training (CPT) while your reinstatement is pending.


How long does it take to process an F-1 reinstatement request?

Processing times vary, but it can take 6 to 12 months or longer. There is no premium processing for reinstatement applications.


Can I travel while my reinstatement is pending?

Generally, no. If you leave the U.S. while your reinstatement is pending, USCIS will consider the application abandoned, and you will have to apply for a new visa to re-enter.


Does visa revocation automatically result in SEVIS termination?

Not necessarily. DOS can revoke your visa without affecting your SEVIS record or legal status in the U.S. However, ICE sometimes initiates SEVIS termination after visa revocation, especially if based on alleged misconduct or national security grounds.


What are some reasons ICE might terminate a SEVIS record?

  • Failure to enroll or maintain full-time status
  • Unauthorized employment
  • Overstaying authorized period
  • Visa revocation based on criminal or foreign policy grounds
  • Alleged threats to national security or public safety
  • Technical or administrative errors (less common)

What if the termination is based on an arrest or dismissed criminal case?

Even if your charges were dismissed or expunged, ICE may still cite them as grounds for termination. In such cases, you may challenge the termination in immigration court or through a reinstatement request.


Can ICE terminate a SEVIS record without school involvement?

Yes. Although normally DSOs handle terminations, ICE has increasingly terminated records directly, often without notifying the school first. This has become more common under enhanced enforcement policies.


If I am placed in removal proceedings, what are my rights?

You have the right to:

  • Receive notice (NTA) and a hearing before an immigration judge
  • Be represented by a lawyer (at your own expense)
  • Present evidence and argue your case
  • Apply for relief, such as asylum or cancellation of removal

Is it possible to sue ICE or DOS for wrongful SEVIS termination?

Yes. Some students have filed lawsuits in federal court under the Administrative Procedure Act (APA), arguing that SEVIS termination without due process is unlawful. Outcomes vary, and these cases are often complex.


Can I apply for a new visa after SEVIS termination?

You may be ineligible for a new visa unless your F-1 status is reinstated or you leave the U.S. and reapply from abroad with a new Form I-20. A terminated SEVIS record makes it very difficult to qualify for a new visa unless the issue is resolved.


Will a SEVIS termination affect future visa or green card applications?

Yes. Being out of status, especially for more than 180 days, can lead to inadmissibility bars of 3 or 10 years, and may complicate future applications for a visa, green card, or adjustment of status.


What happens to my F-2 dependents if my SEVIS is terminated?

If your SEVIS record is terminated, the F-2 dependents’ status is automatically terminated as well. They are no longer in valid status and may also accrue unlawful presence.


Can I switch to another visa if SEVIS is terminated?

Possibly. If you qualify for a different visa category (e.g., B-2, H-1B, asylum), you may apply to change status. However, approval is not guaranteed, especially if you’re already out of status.


What should I do if I fear my SEVIS record might be terminated?

  • Keep your enrollment status full-time and document it
  • Avoid unauthorized employment or absences
  • Monitor your email and SEVIS portal for warnings or alerts
  • Stay in close contact with your DSO
  • Avoid any criminal conduct or political activity that could raise flags
  • Consult an immigration attorney preemptively

Does SEVIS termination mean I’m being deported?
No, you are out of status but not deported unless you receive a Notice to Appear in immigration court.

Can I keep attending school?
Some schools allow it during reinstatement; others may block enrollment. Always consult your DSO.

Can I still apply for a visa after SEVIS termination?
Yes, but prior terminations may complicate future visa approvals. Legal documentation helps.

Can I leave and come back?
Possibly—with a new SEVIS record, visa, and I-20. But risks include denial or reentry delays.

 

 

International Student Sues U.S. Government Over Sudden SEVIS Termination

 

A student in California, identified only as “Student Doe #1,” has filed a federal lawsuit challenging the U.S. government’s sudden termination of their SEVIS record—an action that jeopardizes the legal immigration status of thousands of F-1 visa holders.

 

What Triggered the Lawsuit

 

Student Doe #1 received a shocking notice from their college on or around April 1, informing them that:

 

  • Their F-1 visa had been revoked
  • Their SEVIS record was terminated
  • Termination codes listed: “Failure to maintain status” and “Foreign policy grounds”

Yet, according to the lawsuit, the student:

 

  • Is a student-athlete with no record of drug or alcohol use
  • Has only one minor driving misdemeanor (non-violent, non-alcohol-related)
  • Remains in full compliance with school and immigration rules
  • Has strong support from their university, which wants them to stay enrolled

 

Key Claims in the Lawsuit

 

Filed in the U.S. District Court for the Central District of California, the lawsuit challenges the legality of how DHS and ICE are terminating SEVIS records. The main points include:

 

  • Violation of the Administrative Procedure Act (APA): The student argues that DHS did not follow lawful procedures or provide adequate explanation.
  • Denial of Due Process (Fifth Amendment): The student was given no opportunity to contest the decision before losing status.
  • Misuse of Visa Revocations: The student claims DHS is using revoked visas as grounds to unilaterally terminate SEVIS status, which isn’t supported by law.

Statement from the Lawsuit

 

“DHS’s policy of unlawfully terminating SEVIS records based on visa revocations appears to be designed to coerce students, including the Plaintiff, into abandoning their studies and ‘self-deporting’ despite not violating their legal status.”

 

What the Student Wants

 

The Plaintiff is seeking:

 

  • Immediate reinstatement of SEVIS status
  • A court declaration that the termination was unlawful
  • A halt to the DHS/ICE practice of using SEVIS terminations to sidestep due process

Why This Case Matters to Other Students

 

Hundreds of students across the country are reportedly facing similar SEVIS terminations without warning. These sudden revocations:

 

  • Leave students in legal limbo
  • Risk their future careers and education
  • May lead to visa denials in future applications

 

A Legal Turning Point for Student Rights

 

This lawsuit could set a critical precedent for how SEVIS terminations are handled—and whether international students are being unlawfully pushed out of the country without due process.

 

As the case unfolds, it may influence how DHS and ICE are allowed to monitor and penalize students, possibly restoring rights to hundreds who are currently in danger of losing everything they came to the U.S. to achieve.

 

 

Why You Should Consult Immigration Attorney Richard Herman If Your SEVIS Record Was Terminated—or Is at Risk

 

The consequences of a SEVIS termination can be immediate, severe, and long-lasting. Whether your record has already been terminated or you’re concerned about a possible future termination, you need a seasoned legal advocate who understands the stakes and knows how to act quickly and strategically.

 

That’s where immigration attorney Richard Herman can make the difference between saving your academic future—or being forced to leave the U.S. in confusion and fear.

 

Here’s Why You Should Book a Consultation with Richard Herman Today:

 

  • Deep Experience in SEVIS & F-1 Visa Issues
    • Richard Herman and his legal team have handled hundreds of complex student visa cases, including wrongful SEVIS terminations, reinstatements, and change-of-status strategies.
    • He understands how international student violations are flagged and how to address them directly with SEVP, DSO, and USCIS.
  •  Time-Sensitive Guidance
    • SEVIS issues often come with strict deadlines, including the 15-day or 30-day departure rule and the 5-month reinstatement window.
    • Richard Herman will help you map out your options before critical windows close—and prepare urgent filings if needed.
  • Customized Protection Strategies
    • If you’re at risk of termination, Richard can work with you proactively to prevent it—by liaising with your DSO, fixing documentation issues, or changing status.
    • Already terminated? He can guide you through:
      • Reinstatement applications
      • Depart-and-return strategies (consular processing)
      • Change to another status (e.g., B-2, H-1B, etc.)
      • Deportation defense if ICE becomes involved
  • Clear, Honest Communication
    • Immigration law is full of uncertainty, but Richard Herman is known for his transparent advice, practical solutions, and compassionate representation.
    • He’ll tell you exactly where you stand—and fight to get you back on track.
  • A Nationally Respected Advocate for Immigrants
    • Richard Herman has been featured in the NY Times, Forbes, Washington Post Writers Group, NPR, and is co-author of Immigrant, Inc.—a groundbreaking book on how immigrants drive innovation and success in America.
    • When your future is on the line, trust a lawyer who has spent decades fighting for immigrants—and winning.

Don’t Wait for a SEVIS Termination to Derail Your Life

 

If your SEVIS record has been terminated—or if you’re even worried that it might be—take action now. The longer you wait, the fewer legal options you may have.

 

Schedule a confidential consultation today with immigration attorney Richard Herman and get the legal firepower you need to protect your education, your status, and your dreams in the U.S.

 

Call 216-696-6170 | 🌐 Visit US online

Schedule Your Online Consultation

 

Your future deserves nothing less than a fierce advocate by your side. Richard Herman is ready to help.

 

 

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