Hundreds of international students across the country, including several in Georgia, are at risk of deportation after having their immigration records abruptly terminated by President Donald Trump’s administration.
Some are pushing back, including 27 in Georgia who filed a lawsuit against the federal government arguing it violated the U.S. Constitution when it made what the suit calls “arbitrary and capricious” terminations. Their case will be heard on Thursday morning when they will ask a federal judge in Atlanta to grant a temporary restraining order reinstating their immigration status and protecting them from detainment.
Here are some key points about the hearing:
Who are the plaintiffs?
While the original complaint listed 17 plaintiffs, an amended version filed Tuesday includes 133. More than two dozen reside in Georgia. While some are recent alumni, others are current students scheduled to graduate in a few years or, in some cases, a few weeks.
The lawsuit only mentions a handful of the universities each individual is affiliated with. Among them are the University of Georgia, Georgia Tech, Kennesaw State and Emory universities.
The plaintiffs are anonymous in court documents, using the pseudonyms Jane or John Doe “due to fear of retaliation” by the government.
What’s at stake?
The plaintiffs are asking the court for a temporary restraining order to reinstate their legal status. If not granted, the motion says the individuals would lose their academic standing and employment and be at risk of detainment and deportation.
Why is the federal government taking these actions?
The Trump administration has been vocal about its effort to address antisemitism on college campuses. Many of those who have had their legal status challenged in other states participated in pro-Palestinian protests last year, although federal officials have not given a specific reason for the challenges. “We gave you a visa to come and study and get a degree, not to become a social activist that tears up our university campuses,” Secretary of State Marco Rubio said during a press conference in late March.
The lawsuit does not mention any of the Georgia students being involved in protests. Some of them had traffic violations, but none have criminal convictions, according to the complaint.
Charles Kuck, an attorney representing the students, believes the Trump administration is attempting to scare international students and alumni so that they will self-deport. “Rather than do their job the way the law requires them to do it, they just send notices out and hope people will leave, even though the notices themselves are illegal,” Kuck said.
What are the legal arguments?
The students and alumni say the federal government violated their Fifth Amendment rights to due process and are asking the court for a temporary restraining order to reinstate their legal status. The government initially cited the Immigration and Nationality Act as legal justification for its actions. The act, created in 1952, allows the secretary of state to deport noncitizens who could hinder U.S. foreign policy.
Plaintiffs argue that immigration records can only be terminated if a student doesn’t maintain legal status. That could happen, for instance, if the student doesn’t maintain a full course of study or if the student is convicted of a criminal offense. None of those categories apply to the plaintiffs, according to the complaint.
What have been the legal resolutions in other states?
Similar lawsuits have been filed in states across the country. Some plaintiffs have already found success.
In Montana, a federal judge temporarily blocked the U.S. Department of Homeland Security from terminating the immigration status and from detaining two Montana State University students, according to published reports. And a judge in New Hampshire made a similar ruling, issuing a temporary restraining order against the department after it revoked the status of a Chinese student at Dartmouth College.
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