ATLANTA – A federal judge in Atlanta said she will decide by month’s end whether the government must extend the visitor status of 133 current and former college students who were suddenly revoked for no apparent reason.
Judge Victoria Marie Calvert heard oral arguments Thursday in the case involving at least 26 foreign nationals attending a Georgia college or university or doing post-graduate work. Another 106 are in other states, but the students’ lawyers argue their cases should be bundled together in the U.S. District Court for the Northern District of Georgia to reduce the workload on the court.
It’s a core issue that Calvert must consider before she decides on the preliminary junction sought by the students. Calvert already issued a temporary restraining order against the federal government on Friday, ordering that the students’ visitor status be restored.
But her order expires May 1, and a preliminary injunction would secure the students’ status under the Student and Exchange Visitor Program until the trial concludes.
Their lawyer, Charles Kuck, argued that the U.S. Department of Homeland Security failed to follow its own rules when it revoked his clients’ visitor status without providing a reason.
Assistant U.S. Attorney R. David Powell argued that a preliminary injunction could allow the international visitors to stay past the original expiration dates of their visitor status. He asked that any preliminary injunction be tailored to each plaintiff’s expiration date.
The case may be the largest of its kind in the country, but numerous others have been filed, including two class action lawsuits, one in Washington and another in New Hampshire.
On Wednesday, Judge Leigh Martin May, who serves in the same courthouse as Calvert, denied a temporary restraining order sought by three foreign students whose visitor status had been revoked.
But Kuck said the trend favors students. He said judges nationwide have issued 17 temporary restraining orders in similar cases.
Powell acknowledged the impact, saying U.S. Immigration and Customs Enforcement has been busy restoring students’ status.
“More orders are coming out every week and every day,” he said. “Sometimes multiple per day.”
Kuck said after the hearing that he hopes the government backs down, but he said he doubts President Donald Trump will allow that to happen. He said he is prepared for a fight that could go on for “a long time.”
The immigration attorney said his office has been bombarded with calls and emails from nearly 700 students nationwide whose visitor status has been revoked.
“We’re going to file a class action (lawsuit),” he said. “This is a disaster.”