The Trump administration abruptly terminated the SEVIS records of thousands of foreign students earlier this month on the basis of minor or unclear law enforcement encounters flagged in an FBI database. Over 100 lawsuits and 50 restraining orders quickly followed across 23 states. Judges appointed by both Republican and Democrat Presidents slammed the administration’s action as illegal even given its broad latitude in immigration enforcement. The Trump administration reversed course on Friday and restored these student visas.
One of the students who was at risk of deportation, and sued with the assistance of the ACLU, had come to the administration’s attention because of a run-in with Frontier Airlines over a carry-on bag fee.
Elika Shams lost her student visa because of derogatory information in a background check and she believes it was her New Year’s Eve flight.
The Iranian biomedical engineering student was flying Frontier Airlines on New Year’s Eve. She was connecting in Boston and barely made it to her gate prior to departure. When she arrived, she was told that it would cost her $100 to bring her carry-on on board. She argued, but the gate agent shut the boarding door.
- She admits trying to open the door to the jet bridge.
- And then offered to pay the fee
- The flight left without her, and she was reported to TSA – and they issued a warning.
On April 10th she received an email from the University of Connecticut that her F-1 status had been terminated. A TSA “Warning Notice” is a civil administrative action under 49 C.F.R. § 1540. It is not an arrest or conviction, and by itself does not make an F-1 holder deportable (§237) nor inadmissible (§212).
- TSA’s first-violation grid lets officers issue a “Warning Notice” in lieu of a civil penalty for minor infractions. The notice closes the case unless the recipient re-offends.
- The event may be logged in internal DHS systems (SEACATS/TECS) but it is not a criminal record and is not automatically shared with SEVIS.
Deportation under 8 U.S.C. § 1227 would result from a conviction, admission, or status violation. However visa revocation under §221(i) of the Immigration and Nationality Act merely requires a finding or credible evidence of ineligibility, or an IDENT watch-list match (which could commonly be triggered by something like a DUI).
A TSA warning alone should be insufficient for visa revocation. The Foreign Affairs Manual bars revocation merely on the basis of derogatory information unless actual inadmissibility can be shown.
You do not have the authority to revoke a visa based on a suspected ineligibility or based on derogatory information that is insufficient to support an ineligibility finding, other than a revocation based on driving under the influence (DUI). …Under no circumstances should you revoke a visa when the individual is in the United States, or after the individual has commenced an uninterrupted journey to the United States, other than a revocation based on driving under the influence (DUI).
However, the Department’s Visa Office of Screening, Analysis, and Coordination (CA/VO/SAC) can revoke a visa (‘prudential revocation’) on a basis of derogatory information “directly from another U.S. Government agency, including a member of the intelligence or law enforcement community” as a matter of discretion.
Historically, this has been triggered by arrests or terrorism intel, not a first-time TSA warning – unless the student was tagged as a potential threat – or if they otherwise failed to maintain the F-1 requirements. For instance, if they missed classes because they missed their flight and this was reported by the school they could have their status terminated.
The Trump administration’s reversal on termination of student visas notwithstanding, if you’re in the U.S. on a visa, if you’re Iranian, and if the current President is still in office it seems like a very bad idea to take any action that might tend to involve law enforcement – fair or not.
Hear me out, maybe, just maybe, we should stop the brinksmanship. Like, as a society, we should not continue this unnecessary escalation, because, if one ‘team’ is willing to abuse power, law, money, freedom, liberty, etc., then, when the the other side is in charge, they may do the same. Perhaps, we could start treating each other like human beings, again, because we all deserve dignity. Or, not. Whatever.
I’m sorry but why is the United States educating Iranian & Communist Chinese students?
We have plenty of our own people that aspire to higher education.
And no I am not Republican & I did graduate from an Ivy League.
I’m sure the Iranian airport authorities would have been thoroughly amused by her airport antics.
These people have the balls to come here and cause trouble but wouldn’t dare in their third world homelands.
Let her finish her PHD in Tehran.
As a guest in a country, be very careful of what you do or say, even if you feel you should fight back. Keep your head down. This also sometimes applies to jobs. I kept my head down at my job. I was able to get my pension because of that.
@JohnMCSymthe, @CHRIS, @jns — Fellas, the answer is not to treat people like they do in Iran. No way. We, in the USA, should not emulate a theocratic dictatorship.
How’s this instead:
“We the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”
It’s probably a better idea. Maybe. I donno. You do you, right?
She’s a guest in our country…period. She was flying on Frontier..what do you expect. They don’t care if your flight was connecting or not. Late to the gate…flight closed out. SHE TRIED TO FORCE HERSELF ON THE JET! End of discussion. Adding to what was said above, as a guest in this country, watch what you say or do. For US citizens, the same applies when we leave our country. Once we step off of US soil or a US flag carrier, our constitutional rights STOP and one is now subject to that country’s rules.Take politics out of this but it is high time that the United States starts following the LAWS that have been enacted. If you don’t like the laws then elect representatives who will change the laws. That’s the way it works around here.
Lawfare used to be a dead horse beat by the Tr*mpublicans, but as with so many things, their accusations are often a confession of their own ways and desires.
Lawfare against foreign students is the order of the day from this regime desperate to run up deportation numbers whether they are deportations or not.
@Win Whitmire — Great point! Follow the law. Like, when you drive, if you go a mile over the speed limit, you’re an illegal, too!
@Win Whitmire — Oh, I got another law that we all need to follow: taxes, like down to the penny, and keeping all receipts and documents for at least 7 years, and why not forever, for them audits!
@GUWonder — Yup, this is the weaponization of law and enforcement against specific vulnerable groups and perceived enemies, ‘out groups,’ designed to create a culture of fear, self-censorship.
@1990 You quote the Constitution but America is a lawless state that overthrew the previous government. I’m not talking about the British. I am talking about the original USA under the Articles of Confederation.
The Articles of Confederation required ALL states to agree. Instead, the Constitution took over before ALL states ratified it. Overthrow of the previous government! Shows how lawless America is.
Eventually, the last 2 states ratified it because the new government had already forced itself in so they may have done it under duress. George Washington was NOT the first President. That is false propaganda. There were several Presidents under the Articles of Confederation, which were whitewashed. True, the legal duties were different but they still had the title of “president”.
Do NOT change Wikipedia about this or they will likely ban you because of censorship.
@JohnMCSymthe: We hope that one of two things happen: 1) They stay here, depriving their home country of intelligent people. 2): They go home with the experience of western values and become a force for change in their home country.
Also remember that, like we’re about to be, Iran is a dictatorship. So while we don’t like the government of Iran, the people of Iran don’t like the government of Iran either. They’ve just, like we’re about to, lost the ability to do anything about it.
Lawless?! Bah! “That’s the funniest.. thing I’ve ever heard. You’re a real card, (@derek). I love a good roast!” (Mr. Allan from Liar Liar).
Our university system should be for Americans only.
Not foreign nationals from hostile nations.
@Walter Barry — Nah, what makes them ‘world-class’ universities is that they actually welcome the best in the world. Apparently, you didn’t make the cut. Bah!
@1990 Well said.
@WalterBarry and @JohnMCSymthe The thing is, though, universities have been seeing a drop in enrollment since 2010, and a further drop since 2020. No, apparently we don’t have plenty of our own people to aspire for higher education (or at least that can afford it.) The affordability of a college education is a problem, but those coming in from overseas are paying full price for their education. This isn’t a supply and demand issue where lowering demand (by making foreign students unwelcome) increases supply for locals and lowers prices. Quite the contrary, having fewer people enter a college means higher per-student costs or closing off majors and reducing staffing in line with enrollment or both. (Or, increased subsidies either direct to colleges or to students as a grant or scolarship or whatever. Needless to say I don’t see the current administration doing this.)
@jns: Great advice that you gave. I completely agreed with you.