An internal Department of Justice memo from Immigration and Customs Enforcement (ICE) outlines new guidelines allowing the federal government to revoke the legal status of foreign students and begin deportation proceedings. The memo, obtained by NBC News, was filed in court on Monday night and dated Saturday.
The memo clarifies that the Student and Exchange Visitor Program (SEVP) may terminate a student’s SEVIS (Student and Exchange Visitor Information System) record when there is objective evidence of noncompliance with visa terms. “When SEVP has objective evidence that a nonimmigrant visa holder is no longer complying with the terms of their nonimmigrant status for any reason, then the SEVIS record may be terminated on that basis,” the memo states.
Reasons for termination now include a broader range of violations, such as exceeding permitted unemployment periods or failing to follow proper change of status procedures. These additions expand on the already established reasons foreign students could lose legal status, such as criminal offenses, loss of work authorization, or withdrawal from academic programs.
In a Friday court hearing, the Trump administration agreed to temporarily reinstate the status of affected students while ICE finalizes a permanent framework for status termination.
The memo further states that if the State Department revokes a nonimmigrant visa with immediate effect, ICE should initiate removal proceedings and SEVP may terminate the individual’s SEVIS record accordingly. It also reiterates that the State Department may revoke visas at its discretion at any time.
ICE emphasized that the memo does not create any enforceable legal rights for students or third parties. Instead, it serves as internal guidance for applying existing immigration law more strictly to ensure visa compliance.
