Could international college students who’ve suddenly had their U.S. immigration status revoked still satisfy course requirements by finishing out their course work remotely from anywhere in the world? Houston-based immigration attorney Charles Foster sees no bars to that.
At least 18 international students at Houston universities had their immigration status unexpectedly rescinded this month and some have already begun the process of reinstatement, a costly and confusing process.
Federal authorities terminated the immigration status of almost 300 college students across the country, notifying universities through the Student and Exchange Visitor System database, maintained by the Department of Homeland Security. While originally publicized as an initiative to deport people who have participated in pro-Palestine demonstrations that threaten the federal government or indicate terrorist ties, it has come to light that the status changes are random, said Foster.
“This is unprecedented,” he said. “It’s not normal. It’s not routine. This is happening not just in Houston but across the country, and the common denominator, at least in all the cases I’ve seen, is that there is no rationale to make a student ineligible. There’s no logic. There’s a lot of uncertainty for those students who want to stay and fight. In the end, this will depend upon the student and their tolerance for accepting a certain amount of risk and what they’re trying to accomplish.”
About 13 University of Houston students and five Rice University students or recent graduates have been notified of changes in their immigration status. There’s no reason, “from a legal point of view,” why students who are still enrolled can’t finish their studies remotely, Foster said. It’s up to the university to determine whether that’s possible logistically, as some courses are only offered in-person and there may be specific degree requirements that prohibit online study.
“That is possible and I assume that for those who are being told they’ve got seven days to leave, that they are working those options out,” Foster said. “There’s no legal issue there; it’s just logistics.” Those who have been bounced out of SEVIS may still be enrolled in school, the attorney added.
Three students at North Texas universities obtained temporary restraining orders and their legal status was reinstated, the Texas Tribune reported last week. Suguru Onda, a Japanese doctoral student at Brigham Young University, was also reinstated. Onda was removed from SEVIS due to his “criminal background,” which included a fishing citation and two speeding tickets. The man’s attorney says he believes his client was flagged through a random artificial intelligence program.
“I think the lawyers who brought those cases have a winning record because there’s no basis to the decision of the government,” Foster said. “Students are either seeking reinstatement through [the Center for Immigration Studies], and that requires the cooperation of the university to recommend that, or filing lawsuits. Some, very candidly, are overwhelmed with the idea that they’re going to resist the United States government with all its might and resources. There’s probably a larger number of students who say simply, I’m going home.”
Foster said he shares the belief that the affected students, several of whom he has met with, are being selected by an AI program “developed by some 19-year-old genius.”
The reinstatement of the Dallas-area students was rather swift, Foster said, noting that it can take months to complete the process. Going overseas to resolve immigration status at an American consulate is a bad idea, he added.
“The CIS has never been known for its efficiency,” he said. “Time is not measured in days or weeks but in months. That’s an issue because, if, at the end of that time period, the CIS confirms the initial revocation — which by the way, in the cases I’ve looked at, there would be no basis to do that — there would be a risk that if you get a negative response you may be subject to a three-year restriction.”
UH Director of Media Relations Bryan Luhn said Wednesday he couldn’t answer technical legal questions, noting that SEVIS is a federal system. The university issued an emailed statement Thursday afternoon, again referring questions about immigration enforcement to the appropriate government authorities.
On the subject of online classes, Luhn said, “The University is doing what it is legally permitted to do in helping students to complete their degrees. Each case is unique and depends on a variety of factors, including the type of instruction (mode of the class – online, face-to-face, etc.), the department, export control office approvals, and compliance with varying policies and procedures for any student studying outside of the state.”
Luhn further explained that international students residing outside of the United States who are studying fully online are not eligible for F-1 visa sponsorship.
“F-1 regulations limit the number of online courses that count toward full-time enrollment,” he said. “Relying solely on online courses does not meet the requirements to maintain or regain F-1 status.â”
Foster pointed out that losing immigration status means a student is no longer legally permitted to be in the United States. Revoking a visa means the student can’t enter or re-enter the country, but their legal status isn’t necessarily affected. Both have occurred with Texas students.
This isn’t the first time a wave of international students has lost their immigration status, Foster said. It happened after the 9/11 terrorist attacks. It also occurs on a small scale when a student fails to maintain the required number of courses or has failing grades, he said. What’s unprecedented about the current situation is that it appears anyone who wasn’t born in the United States is at risk.
Litigating against the federal government can be “extraordinarily expensive,” but some students have benefited by joining a class action suit or finding an attorney to take their case pro bono, Foster said. The immigrant-led civil rights group FIEL Houston has advised international students to contact an immigration attorney even if they haven’t been targeted.
Experts say the removal of international students could have a chilling effect on university funding and America’s reputation as an educational hub.
“It’s going to have a real impact on our institutions of higher education in terms of foreign students,” Foster said. “We attract the best and the brightest. This will inhibit a large number of people from even wanting to come here. They come here and for no reason at all, they could have their status not only revoked, but in extreme cases, they could be detained without the ability to have access to any proceedings to tell their side of the story.”
This article appears in Jan 1 – Dec 31, 2025.
