• Source:JND
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An Indian PhD student in South Dakota, who faced sudden deportation due to what her legal team described as a minor traffic violation, has won a significant legal battle allowing her to stay in the United States. Priya Saxena, who recently completed her doctorate in chemical engineering, was granted a preliminary injunction by a federal judge, ensuring her legal stay and eligibility for Optional Practical Training (OPT).

Saxena's troubles began in April when the Department of Homeland Security (DHS) terminated her student visa, citing a “criminal record” as the basis for revocation. According to court documents, the only infraction on her record was a 2021 traffic violation, failure to yield to an emergency vehicle, for which she paid a small fine. Her attorney strongly refuted DHS’s claim that this constituted a criminal record serious enough to justify deportation.

The visa cancellation would have prevented Saxena from graduating on May 10. Her legal team quickly filed a challenge, asserting that DHS had violated her due process rights under the Fifth Amendment and the Administrative Procedure Act by revoking her visa without prior notice or a chance to contest the decision.

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Court Grants Injunction, Upholds Due Process

Initially, a temporary restraining order was issued, allowing Saxena to finish her studies and attend her graduation. On Friday, that order was extended through a preliminary injunction. This new court decision now permits her to stay in the country and apply for OPT, a program that enables international graduates to work in their field of study for up to one year after graduation.

DHS disclosed that it had reviewed the records of 1.3 million foreign students and revoked the visas of thousands, sometimes for infractions as minor as Saxena’s.

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