Visa revocations can now lead to legal status terminations, according to internal memo

Immigration and Customs Enforcement has indicated it could start terminating a person’s legal status because of visa revocation.

Immigration and Customs Enforcement has indicated it could start terminating a person’s legal status because of visa revocation.

An internal memo to all Student and Exchange Visitor Program personnel, which falls under ICE, shows an expanded list of criteria for ICE to terminate foreign-born students’ legal status in the U.S., including a “U.S. Department of State Visa Revocation (Effective Immediately).” It was filed in court by the Justice Department on Monday night and dated Saturday.

Previously, there were a variety of reasons for students to lose legal status, including if they stop attending school, lose work authorization or commit certain crimes. But typically students would have the right to due process before the legal status is terminated, attorneys say. Now, according to the memo, visa revocation itself is grounds for the termination of status. 

The memo shows expansion of power for ICE. Houston-based immigration attorney Steven Brown said the new policy “against at least 15 years of SEVP guidance,” referring to the Student and Exchange Visitor Program, which falls under ICE.

“Historically, the Department of State has revoked visas for many reasons,” Brown said. “But it doesn’t impact your non-immigrant status in the US. It’s just now they’re trying to do that part of it.”