New ICE Policy Could Terminate Legal Status of International Students After Visa Revocation

Key Highlights:

The ICE visa revocation policy has undergone a major shift following the release of an internal memo that now authorizes Immigration and Customs Enforcement (ICE) to terminate international students’ legal status immediately after a U.S. Department of State visa revocation.

The change, revealed in a court filing by the Department of Justice on April 29, introduces new legal vulnerabilities for foreign-born students across the United States, raising alarm among immigration attorneys and universities alike.

ICE Visa Revocation Policy: A Shift from Historical Norms

Previously, international students could lose their legal status under various conditions—such as falling out of academic status or violating employment restrictions. However, visa revocation itself did not result in automatic termination of non-immigrant status. Legal due process was typically granted before any such action.

The new ICE memo, dated April 26, now lists visa revocation as a standalone basis for immediate SEVIS record termination, regardless of underlying circumstances.

According to the memo:
“If State revokes a nonimmigrant visa effective immediately, SEVP may terminate the nonimmigrant’s SEVIS record based on the visa revocation with immediate effect.”

This expands ICE’s discretion and effectively links State Department actions directly to immigration enforcement within the country.

Legal Experts Raise Due Process Concerns

“This new policy goes against at least 15 years of SEVP guidance,” said Houston-based immigration attorney Steven Brown. “Historically, a revoked visa affected reentry—not your legal status while inside the U.S.”

Immigration lawyer Jath Shao echoed those concerns, noting that the memo appears to sidestep recent court rulings.

“ICE has now done their homework and issued this memo to give themselves the power that judges just told them they didn’t have,” Shao said. “Students should be concerned that even minor problems can have serious consequences.”

The memo also states that ICE may initiate removal proceedings based on visa revocation, suggesting far-reaching consequences beyond academic impacts.

Political Context and Backlash

The ICE visa revocation policy surfaces just days after the Trump administration announced that the legal status of international students previously impacted by terminations would be restored. In March, ICE reportedly revoked thousands of student visas—many belonging to those involved in political activism or who had past criminal charges, including DUIs.

After legal challenges across the country, institutions such as Northeastern University, Harvard, and the University of Connecticut confirmed this week that affected students had their SEVIS records quietly restored. The policy memo, however, signals that a more permanent enforcement framework is now in place.

Memo Details: New Grounds for SEVIS Termination

In addition to visa revocation, the ICE memo includes a broader list of grounds for SEVIS termination, such as:

• Exceeding authorized unemployment time
• Violating change of status procedures
• Other noncompliance with non-immigrant requirements

The document also affirms that the U.S. Department of State can revoke a visa “at any time, in its discretion,” and directs ICE to act accordingly.

Despite its sweeping nature, the memo adds a legal disclaimer stating:
“It is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural.”

What This Means for You

International students studying in the U.S. must now be hyper-aware that visa revocation—even without notice—could result in the immediate loss of legal status. If you’ve had prior legal issues, administrative complications, or disciplinary records, it is vital to consult an immigration attorney.
Universities and designated school officials (DSOs) are also expected to see increased pressure and confusion around SEVIS compliance in the coming months.

The Final Word

The ICE visa revocation policy memo marks a turning point in how immigration law interacts with student status in the United States. While its full implications are still unfolding, legal experts urge caution and immediate legal counsel for those potentially impacted.

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