780 F.Supp.3d 1277
N.D. Ga.2025Background
- Plaintiffs are 133 F-1 international students (or former OPT participants) whose SEVIS records were terminated, allegedly due to visa revocations or mistaken characterization as security threats, despite no disqualifying criminal history.
- The terminations were executed by the Department of Homeland Security (DHS), ICE, and SEVP, resulting in loss of legal status, educational and employment opportunities, and potential deportation.
- Plaintiffs allege they received little or no notice, and no process to challenge the determinations, which were communicated by their schools’ DSOs.
- Plaintiffs sought a Temporary Restraining Order (TRO) halting the terminations, restoring their SEVIS records, F-1 student status, and work authorizations; they also claim violations of APA and due process.
- Defendants argue the SEVIS terminations were proper, raising jurisdiction, sovereign immunity, and the availability of the Privacy Act as an alternative remedy.
- The Court granted the TRO, requiring reinstatement of SEVIS status and protection of plaintiffs’ identifying information, pending further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Termination under SEVIS procedures | Terminations exceeded DHS authority and violated regulations and law. | DHS acted within its power; SEVIS does not confer legal status. | Exceeded authority; arbitrary and capricious. |
| Due Process under Fifth Amendment | Terminations done without notice or opportunity to respond. | Alternative remedies exist; process was adequate. | Likely due process violation. |
| Jurisdiction & APA Sovereign Immunity | APA waiver applies; final agency action, no alternative adequate remedy. | Privacy Act precludes APA claim; APA waiver inapplicable. | APA waiver applies; Privacy Act not available to plaintiffs. |
| Irreparable Harm and Equitable Relief | Loss of status, education, jobs cannot be remedied by damages. | Temporary reinstatement harms government control over immigration. | TRO warranted; plaintiffs face irreparable harm. |
Key Cases Cited
- Schiavo ex rel. Schindler v. Schiavo, 403 F.3d 1223 (11th Cir. 2005) (substantial likelihood of success is generally the most important injunction factor)
- BellSouth Telecomms., Inc. v. MCImetro Access Transmission Servs., LLC, 435 F.3d 964 (11th Cir. 2005) (bond requirement for injunction may be waived)
- Four Seasons Hotels & Resorts, B.V. v. Consorcio Barr, S.A., 320 F.3d 1205 (11th Cir. 2003) (standard for preliminary injunction)