U.S. Immigration and Customs Enforcement has established new rules outlining when a foreign national’s legal status in the country can be terminated due to visa revocation, according to a report by Bloomberg Law. In recent weeks, thousands of student visas have been revoked, and many SEVIS records—used to monitor international students—were deleted. These actions prompted a wave of lawsuits requesting temporary restraining orders from the courts.
In response, the Trump administration recently informed the courts that all previously terminated SEVIS records have been reinstated and that a new policy framework would soon be in place to guide future decisions regarding record terminations. To that end, ICE distributed an internal memo titled “SEVIS Notice – Policy Regarding Termination of Records” to officials within the Student and Exchange Visitor Program (SEVP).
The memo expands the criteria under which SEVP may terminate a student’s record in the SEVIS system, the electronic platform used to track nonimmigrant students and exchange visitors in F, M, and J visa categories. One key addition to the list of termination grounds is an immediate visa revocation by the U.S. Department of State, which can now trigger the termination of a student’s SEVIS record.
SEVP has the authority to update, maintain, and terminate SEVIS records for various reasons, including but not limited to exceeding allowed unemployment time, failing to comply with I-515A requirements, nonpayment of the I-901 fee chargeback, not reporting during Optional Practical Training (OPT), failure to appear at a school, unauthorized withdrawal, and violations related to changes in immigration status. The memo also includes general noncompliance with visa conditions and immediate visa revocations issued by the Department of State.
The policy states that ICE retains discretion to investigate further or initiate removal proceedings if there is evidence a student is not adhering to the terms of their nonimmigrant status. When a visa is revoked immediately due to derogatory information—often gathered from ICE or other law enforcement agencies—ICE may initiate removal steps. However, SEVP is instructed not to terminate a student’s SEVIS record on this basis until the visa revocation by the State Department has been confirmed.
Once confirmation is received, SEVP may treat the visa revocation as a valid reason to end the individual’s status in the U.S., potentially leading to their removal from the country.
