A federal court has granted a preliminary injunction protecting Priya Saxena, a 28-year-old Indian student who recently completed her PhD in South Dakota, from deportation following the Department of Homeland Security's (DHS) attempt to revoke her visa.
Saxena, who earned her doctorate in chemical and biological engineering from South Dakota School of Mines & Technology, had her F-1 visa (valid until 2027) unexpectedly revoked in April. She received notification via email from the US embassy in New Delhi, and her Student and Exchange Visitor Information System (SEVIS) record was terminated, threatening her ability to receive her PhD.
The government's decision stemmed from a minor 2021 traffic violation - failure to yield to an emergency vehicle. Her attorney, Jim Leach, noted that Saxena had previously disclosed this incident during her visa application process, and immigration officers had approved her entry after reviewing the details. While she was initially suspected of a DUI in 2021, charges were dropped after a blood test, and these facts were known when her visa was reissued.
"The government reissued her visa and then comes back three and a half years later and says, 'Oh, wait a minute. Get out of the country now,'" Leach told NBC News. "It just makes no sense."
Saxena's legal challenge argued that DHS violated both the Administrative Procedure Act and her Fifth Amendment due process rights by revoking her SEVIS status without warning or opportunity to respond. The court initially granted a temporary restraining order allowing her to graduate, and on Thursday extended that protection through a preliminary injunction, enabling her to remain in the US and apply for Optional Practical Training (OPT).
The case has broader implications, as DHS revealed it had reviewed records of 1.3 million foreign-born students, identifying thousands for visa revocation. Leach noted that Saxena's case is one of "dozens and dozens" where students have successfully challenged similar DHS decisions.
The timing of the case coincided with South Dakota Governor Kristi Noem receiving an honorary doctorate at Dakota State University, creating a stark contrast that Leach described as "something out of a really far-out novel." While Saxena was celebrated by her classmates, Noem faced protests over her immigration policies.
Despite the government's argument that no harm was done due to the reinstatement of Saxena's status, the judge granted the injunction to prevent potential future revocation, acknowledging the unlawful nature of DHS's actions and the need for protection of students' rights.
Saxena, who earned her doctorate in chemical and biological engineering from South Dakota School of Mines & Technology, had her F-1 visa (valid until 2027) unexpectedly revoked in April. She received notification via email from the US embassy in New Delhi, and her Student and Exchange Visitor Information System (SEVIS) record was terminated, threatening her ability to receive her PhD.
The government's decision stemmed from a minor 2021 traffic violation - failure to yield to an emergency vehicle. Her attorney, Jim Leach, noted that Saxena had previously disclosed this incident during her visa application process, and immigration officers had approved her entry after reviewing the details. While she was initially suspected of a DUI in 2021, charges were dropped after a blood test, and these facts were known when her visa was reissued.
"The government reissued her visa and then comes back three and a half years later and says, 'Oh, wait a minute. Get out of the country now,'" Leach told NBC News. "It just makes no sense."
Saxena's legal challenge argued that DHS violated both the Administrative Procedure Act and her Fifth Amendment due process rights by revoking her SEVIS status without warning or opportunity to respond. The court initially granted a temporary restraining order allowing her to graduate, and on Thursday extended that protection through a preliminary injunction, enabling her to remain in the US and apply for Optional Practical Training (OPT).
The case has broader implications, as DHS revealed it had reviewed records of 1.3 million foreign-born students, identifying thousands for visa revocation. Leach noted that Saxena's case is one of "dozens and dozens" where students have successfully challenged similar DHS decisions.
The timing of the case coincided with South Dakota Governor Kristi Noem receiving an honorary doctorate at Dakota State University, creating a stark contrast that Leach described as "something out of a really far-out novel." While Saxena was celebrated by her classmates, Noem faced protests over her immigration policies.
Despite the government's argument that no harm was done due to the reinstatement of Saxena's status, the judge granted the injunction to prevent potential future revocation, acknowledging the unlawful nature of DHS's actions and the need for protection of students' rights.
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