The American Civil Liberties Union of Utah Foundation, Inc. (ACLU of Utah), law firm Stowell Crayk, P.C., and immigration attorneys Phillip Kuck and Timothy Wheelwright, argue that DHS violated the students’ Fifth Amendment due process rights.
SALT LAKE CITY - Today, the ACLU of Utah, the law firm Stowell Crayk, P.C., and immigration attorneys Phillip Kuck and Timothy Wheelwright filed a lawsuit against the U.S. Department of Homeland Security (DHS) on behalf of eight international students in Utah whose SEVIS registration records were abruptly terminated without explanation. The lawsuit asks the U.S. District Court to allow the plaintiffs to continue their studies by reinstating them in the Student and Exchange Visitor Program (SEVIS) registry.
The suit alleges that DHS violated the students’ Fifth Amendment due process rights because they were not offered an opportunity to contest the decision. It also alleges that DHS’s actions contradict federal law and the Constitution and violate the Administrative Procedure Act. A temporary restraining order (TRO) has been requested to provide immediate protection to the students.
The eight students represented in this complaint are from four countries (China, Nigeria, Mexico, and Japan) attending universities and colleges across Utah, including the University of Utah, BYU, BYU-Idaho, and Ensign College.
“In the United States, everyone—no matter your immigration status—has a constitutional right to due process. To terminate an international student’s SEVIS registration, the U.S. government must adhere to regulatory standards and provide basic due process, which it has failed to do - it’s not just wrong, it’s unlawful,” said Jason M. Groth, Legal Director at the ACLU of Utah. “The students have constitutional and procedural protections that we seek to enforce with this lawsuit to ensure the government respects the rights of everyone.”
“The abrupt and unexplained termination of these students’ lawful SEVIS registration is profoundly concerning. These students now face deportation or worse, placing their education and futures in jeopardy,” said Tom Ford, Staff Attorney at the ACLU of Utah. “Coordinated attacks on due process are paving the way for the kind of tyrannical government our Constitution was meant to prevent—and the ACLU of Utah is taking action to stop that abuse of power and keep rights intact for all of us."
“The random and arbitrary termination of the SEVIS registration of hundreds, if not thousands, of university students like my client violates the rights provided in the Constitution and the rule of law. These students have invested time and money in seeking the high quality education available to them from our universities,” said Adam Crayk, Partner at Stowell Crayk, P.C. “The government has arbitrarily, without any good or valid reason, terminated their SEVIS registrations without providing them any avenue to seek review or procedural due process other than this lawsuit. I have yet to see one of these machine-generated terminations that had a valid basis in fact or law.”
“These students face irreparable harm if the courts do not correct the government’s unlawful actions, including lost immigration status, lost education, lost diplomas, lost tuition, and lost jobs and careers,” said attorney Phillip Kuck. “If the courts choose not to act, they face removal from the country without any tangible recourse.”
The complaint is available here.
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