In March, Columbia University graduate and Palestinian activist Mahmoud Khalil became one of the first reported cases of a non-citizen in the U.S. who had their legal status terminated due to political advocacy since President Donald Trump took office.
Now, almost 100 days into his presidency, the number of visa revocations at universities across the United States has soared to over 1,500. Northeastern reported April 14 that more than 40 students and recent graduates across its 10 U.S. campuses have had visas revoked, sparking nationwide debate about the legality of the terminations.
Northeastern’s U.S. campuses are home to more than 24,000 international students and recent graduates on F-1 or J-1 visas — the second-highest of any U.S. university. Typically, international college students hold F-1 visas, which means they must be enrolled full-time in an academic institution approved by the U.S. Immigration and Customs Enforcement, or ICE.
F-1 students who seek to work after graduation can obtain Optional Practical Training, which grants them one or two years of employment in the U.S. related to their field of study. J-1 visas are less common at universities and are issued to students participating in an educational exchange program, like a Fulbright Scholarship.
The Huntington News spoke with Managing Attorney Omar Rahman and Associate Attorney Bhuvanyaa Vijay of the Law Office of Johanna M. Herrero April 16 about the basics of student visas and how students can protect themselves.
The conversation has been edited for length and clarity.
The Huntington News: Has your job changed since the Trump administration started revoking hundreds of visas?
Omar Rahman: Since the new administration took power in January, work has significantly increased. I can tell you that the number of apprehensions and detentions that there have been, specifically in the greater New England area, has far outpaced the majority of the country. I believe we’re being selectively targeted, and undocumented persons here in New England are being detained at an abnormally high rate. Specifically, many of them [whom] don’t even have criminal history whatsoever. Their only infraction was a civil immigration infraction.
Our work has significantly shifted from seeking permanent residency family-based petitions to advising clients and defending them from, at this point, imminent deportation or freeing them from immigration detention centers.
HN: Could you break down the different types of international student visas, students’ rights and what they should look into right now?
Bhuvanyaa Vijay: My first advice to most student clients is to never forget the distinction between citizens and non-citizens. And I do not mean that in a pejorative or offensive way. It is simply a legal fact. When you arrive in the U.S. as an international student, [it is] of course a moment of pride and liberation. You’re really excited for the academic and cultural opportunities.
However, it is crucial to never lose sight of the fact that you are not a U.S. citizen. Rights and freedoms like due process, free speech and expression do apply to you because they apply to all persons, and not just citizens, in the federal Constitution. But how these rights play out in practice for non-citizens can differ. For instance, while you have, as an international student, the right to protest, the government might respond differently to non-citizens.
That said, the queries that we are facing right now can largely fall into two categories. The first, of course, is people who want to be students, who [should] be cautious, which means they have not yet received notification of visa revocation or service termination. But they just want to know how to stay out of trouble. And of course, the second category will be those who, unfortunately, have their visa revoked or [Student and Exchange Visitor Information System] status being terminated, and they are exploring potential avenues of relief.
HN: With the government’s new order on social media to begin screening non-citizens’ social media for antisemitism, what steps should students take to protect themselves?
Vijay: Always remember your status — the distinction between a citizen and a non-citizen. I myself have been an international student at some point, and we get carried away, and one should always look upon [the international experience] as a double benefit. You get to be the citizen of your home country while coming to a new country and experiencing their culture and learnings but never forget you are not a U.S. citizen.
The second cardinal principle is that you have to stay law-abiding. No matter what country you are in, and especially in the United States, always stay law-abiding and always remember that every right comes with an accompanying duty.
We often have a very popular legal metaphor, or aphorism, which says, “My right to swing my arm ends where your nose begins.” So, while it has some limited literal value, I think it has a lot of metaphorical value, which is that no freedom is absolute. If you are living in a modern civilized society bound by law and regulation — good. Freedom is a privilege, but it has to be exercised within certain reasonable limitations.
HN: What’s the biggest misconception you’re seeing in the media or among your clientele about students’ visa revocations?
Rahman: I can say the number one thing is freedom of speech. The key distinction is if you’re on a student visa, you are protected by the Constitution, but your rights are limited compared to those of American citizens. The government also has unlimited discretion to revoke your status and begin your removal. That is when you don’t have anything to protect you. So, a lot of people think they can challenge the constitutionality of it, but the underlying problem is that the Department of State has the final say in this matter.
HN: Many people who support visa terminations, specifically for those who have participated in political advocacy, argue that the Constitution does not apply to non-citizens. What are your thoughts on this?
Rahman: The Constitution applies to all persons in the United States. You can be undocumented, [but] you still have due process of law. A student visa, H-1B visa or any type of person in the United States is afforded due process by the Constitution. I don’t see these claims or cases being successful because if you look at it very textually, the Constitution says [that] as long as you’re physically present in the United States, [it applies to you]. This is why many non-citizens are able to seek relief or protection from deportation. It’s because due process allows them that process to seek these benefits.
Vijay: Social media, of course, is enormously powerful. It gives you the privilege to share your ideas, connect with a huge audience, to influence other people’s thought process. But, it has to be responsibly used. That said, my advice to people who are trying to be cautious now is please don’t go on a rampage, on a spree of deleting old social media posts that you believe are potentially controversial. Consult a legal counsel. Let the lawyer make that decision for you because if you go about deleting things that you think can get you in trouble, that might just raise more suspicion.
And we believe that AI-based surveillance or AI-based searches are going on for certain potentially damaging keywords. What is important here is that international students are visitors. They need to navigate their conception of the American Dream responsibly.
HN: U.S. Secretary of State Marco Rubio recently said of students who participated in pro-Palestinian protests: “Every one of them I find, we’re going to kick them out.” How can students who attended those protests protect themselves right now?
Rahman: [Your protest] has to be within a respectable bounds where you’re not causing public disturbance, you’re not causing a nuisance and you’re not breaking any law. If you’re just holding a sign in Boston Common, I believe you genuinely should be fine.
I just see if you’re exceptionally out there or you’re exceptionally criticizing the administration’s policies or protesting in a stronger light than your average student, then I think you bring some unwarranted attention upon yourself. And that will give them a reasonable cause to revoke your status and initiate removal proceedings against you. All they need to do is just allege it, and that’s more than enough.
HN: When you think back throughout your career, how do these past few months stand out?
Rahman: I was practicing during the first Trump administration as well … You notice the key differences — in the first [term] they targeted asylum seekers. Now, it’s more ICE detentions. Back in 2016 to 2020, cases were being denied, processes were becoming more difficult, but it wasn’t as high profile as you’re seeing now.
We’re really seeing, you can say, the Department of Homeland Security working with ICE to apprehend anyone who’s overstaying their visa or that just doesn’t have any lawful status. It’s just they’re looking for someone, and they happen to catch five, six people. It’s all fair game for them. So I’ve noticed a big spike in detention, I would say.
HN: You mentioned that New England was a hotbed for this wave of deportations. Could you explain why that might be the case?
Rahman: I can definitely say it’s personal animosity from the administration and the current Department of Justice and ICE. These things are happening predominantly in areas where state officials have spoken out against the administration. I know Governor [Maura] Healey and Mayor [Michelle] Wu have been pretty critical and outspoken of both ICE and the Trump administration. So I can confidently say that is one particular reason.
I think it also makes more headlines when you target big universities with prestige behind them. It’s creating this fear and animosity amongst the entire nation about the student visa process, and I think it’s easily accomplished here, where you have such high-profile cases with such high-profile universities, students [and] programs. It makes everyone else, in a less prestigious place, feel a little more uneasy because if they’re like, ‘They’re targeting Harvard [University],’ they’re sure nothing is going to stop them from targeting a small state college, for example.
HN: Is the rapid increase in revocations of visas something you’ve been preparing for, or is the sheer number catching you off guard?
Rahman: It’s actually pretty unexpected. We weathered the first Trump administration, [so] some hardship was anticipated. We did make room for error on this but the way it’s been coming in — the rate it’s been coming at — has been completely difficult and challenging. Not only are we representing our old clients who are being arrested and detained, we’re actually seeing new clients that we sometimes just don’t have the manpower to adequately represent because of staffing issues, and we all have other obligations as well.
We’re trying to take care of our current clients who are being targeted by the administration that weren’t previously under Biden’s administration. We’re doing a lot of consultations. There’s a lot of fear-mongering.
HN: Is there anything else that the Northeastern community should know?
Vijay: Easy to say, difficult to exercise, but don’t panic. There is a very fine line of distinction between fear and caution. I think fear can be really debilitating. Stay mindful, stay aware. Do your due diligence. Do whatever it takes to keep your mental health in check. A lot of our suffering happens in imagination, not in reality. There are many people out there, international students, who have really nothing to worry about.
If you have potentially taken part in, say, protests or posted online, or authored pieces that you, in your opinion, feel are problematic: One, consult a lawyer — get their legal professionals’ opinion. Two, always try to keep in mind a contextualizing statement, or maybe keep in writing a contextualizing statement … which just kind of explains what your true intention was when you said whatever you feel was a hot take or was problematic. Often we feel that we will be able to explain ourselves, but in high-pressure situations, we are either not given the opportunity or we are out of words. So, just being prepared in advance is very helpful.
