• Source:JND
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A recent report by the American Immigration Lawyers Association (AILA) has sparked concerns across India after revealing that nearly 50 per cent of 327 student visa revocations in the US involved Indian nationals. The move has raised alarm among students, immigration lawyers, and the Indian government. Indian students comprised the largest number of canceled visas, followed by Chinese (14 per cent), South Korean, Nepalese, and Bangladeshi students, a report by AILA's policy brief published on April 17 states. The policy note "The Scope of Immigration Enforcement Actions Against International Students" also points out the lack of consistency in the grounds reported for canceling these visas.

OPT Students Most Affected

About 50 per cent of the impacted students were on Optional Practical Training (OPT) – a scheme that enables F1 visa holders to work in the US after graduation. Of the about 3.32 lakh Indian students in the US during 2023–24, close to 97,556 were on OPT, according to Open Doors data. AILA pointed out that restoring status for OPT holders is far more complicated than for currently enrolled students. "Those on OPT cannot work beyond the end of their SEVIS record," the brief explained.

Minor Offences, Major Consequences

The AILA report offers a disturbing portrait of arbitrary enforcement. Of Indian students impacted:
•65 per cent were on OPT
•87 per cent had some interaction with law enforcement
•23 per cent were ticketed or charged with misdemeanors
•34 per cent were not prosecuted, charged, or had their charges dismissed

Numerous visa cancellations resulted from comparatively minor offenses like speeding, driving without a license, or shoplifting at self-service tills by mistake. In a single instance, a student nurse was arrested for attempting to give way to what they thought was an emergency vehicle while evading police. AILA highlighted that 33 per cent of the impacted students were never charged or had their charges dropped.

ICE, SEVIS & "Catch and Revoke"

The report indicates that universities initiated the majority of SEVIS terminations (83 per cent), followed by only 14 per cent being notified directly by Immigration and Customs Enforcement (ICE). SEVIS, or the Student and Exchange Visitor Information System, is managed by the US Department of Homeland Security to monitor the status of foreign students. AILA expressed alarm regarding the "Catch and Revoke" program, unveiled in March by US Secretary of State Marco Rubio. Authorities under this initiative have allegedly screened students through the use of artificial intelligence, including surveillance of social media activity to look for markers of activism or political opinions, which could have played a part in inaccurate targeting.

MEA, Congress Respond To Alarming Trend

Responding to the incidents, Congress leader Jairam Ramesh called upon the Ministry of External Affairs (MEA) to take up the matter diplomatically. "The grounds for the cancellation of the visa are not clear and coherent. This is generating constant fear and anxiety among the students," he tweeted. MEA spokesperson Randhir Jaiswal on Thursday confirmed that the ministry is aware of the situation. "Our embassy and consulate are in contact with the students to offer assistance," he said during a press briefing.

Approximately 1,000 foreign students have had their visas canceled or their status in the country ended since late March. Indian and Chinese students dominate international enrollments in the US, but students from other nations have also been affected. With more than 11.26 lakh international students in the US during 2023–24, including 3.31 lakh (29 per cent) from India, this surge of administrative response has raised alarm about racial profiling, defective methods of surveillance, and a chilling effect on Indian students pursuing studies and work opportunities in the US.