Facing deportation, Indian student wins legal battle to stay in US
This week, a federal judge issued a preliminary injunction, preventing the DHS from arresting and detaining her without court approval
An Indian PhD student in chemical and biological engineering at a South Dakota university has won a legal respite allowing her to stay in the US after the Trump administration attempted to deport her over a minor traffic violation.
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Priya Saxena whose student visa was terminated by the US administration has been granted a preliminary injunction by a federal judge, allowing her to remain in the country after completing her degree, The Guardian reported.
Student visa revoked
Her student visa was revoked in April, risking her graduation from the South Dakota School of Mines and Technology scheduled for May 10. According to court documents, the termination was attributed to a “criminal record”.
Her lawyer, however, clarified that the only infraction was a minor 2021 traffic violation – “failure to stop for an emergency vehicle” – for which she paid a fine. As per immigration laws, the minor infraction was not a deportable offence, attorney Jim Leach argued.
The termination also deleted her SEVIS (Student and Exchange Visitor Information System) record, barring her from continuing her studies. With her graduation approaching on 10 May, Saxena and her attorney filed a lawsuit against the Donald Trump-led administration in mid-April, securing a temporary restraining order that enabled her to complete her doctorate and graduate.
DHS actions ‘unlawful’
This week, a federal judge issued a preliminary injunction, preventing the DHS from arresting and detaining her without court approval. In her decision, the judge stated that the DHS’s actions “appear unlawful and are likely to cause Saxena irreparable harm.”
“The rule of law saved an innocent person from unlawful action by this administration,” Leach told NBC News. “Dr Saxena is exactly the kind of person we should want in this country.”
Also read | US: Visas of over 1,000 international students revoked
Speaking to The Guardian, he added, “None of this makes any sense…You think we’d want people who have PhDs in chemical and biological engineering in this country, it can only help us. But…I guess the theory is we’re going to get rid of foreign students who are criminals. Well, if a traffic ticket makes us a criminal, I’m not sure there’s gonna be anybody left in this country.”