International Students: Understanding Deportation Risks And Rules

International students in the US are at risk of deportation for various reasons, including involvement in protests, criminal activity, and violations of visa requirements. Deportation can be a frightening prospect for students, who may face difficulties in their home countries or be unable to complete their studies. While formal deportation is rare, the process can be complex and stressful, involving legal battles, detentions, and travel restrictions. Understanding the circumstances under which international students can be deported is crucial for them to safeguard their status and ensure their well-being during their time studying abroad.

Can international students be deported?

Political activism and protest

The debate around international students' participation in political protests has intensified in recent years, with politicians and private groups calling for the deportation of students who engage in certain types of activism. Some argue that international students who endorse or participate in "terrorist activity", conduct "pro-jihadist" protests, or incite violence should have their visas revoked and be deported. In some cases, even students who have merely shared or liked "anti-national" social media posts have been targeted for self-deportation.

Private groups, such as the right-wing Jewish organization Betar, have actively worked to identify and report student protesters for possible deportation. These groups have used software to review images taken during pro-Palestinian marches at US colleges and have submitted lists of names to the government, urging deportation. This has fueled anxiety among international students involved in campus activism, who fear that their participation in protests could lead to consequences such as visa revocation or deportation.

The consequences of political activism for international students can be severe, as seen in the case of Momodou Taal, a Cornell University doctoral candidate who had his student visa revoked due to his involvement in "disruptive protests" and creating a hostile environment for Jewish students. Taal chose to leave the US voluntarily after a judge denied his bid to immediately block deportation.

While some international students may choose to continue engaging in political activism despite the risks, others may feel forced to self-censor and refrain from participating in protests or expressing their political views out of fear of deportation. It is essential for international students to understand their rights and the potential consequences of their actions, as well as to seek legal counsel if necessary, to navigate the complex landscape of free speech and visa compliance in the US.

Criminal law violations

International students in the United States on an F-1 or M-1 visa can be deported for criminal law violations. Formal actions by the U.S. Immigration and Customs Enforcement agency (ICE) to deport international students are rare, as most students do not violate criminal law. However, any criminal conviction can jeopardise a student visa and lead to deportation proceedings.

If a foreign national is charged with a crime in the U.S., they cannot leave the country until the case is resolved and any penalty time served. Students should be aware that even if they avoid criminal prosecution, visa fraud will likely lead to deportation and a lifetime ban on re-entering the U.S. Examples of visa fraud include submitting fraudulent financial documentation to obtain a student visa or failing to report optional practical training (OPT) employment or accruing 90 days or more of unemployment while on OPT.

Even if a student is not charged with a crime, they will likely be placed in immigration court, the first step towards deportation. Common scenarios that international students should be aware of include using a doctored social security card to get a job, and failing to appear in court for a traffic or minor criminal matter, which often results in an arrest warrant.

If a student is convicted of a crime, any criminal record could make them inadmissible and ineligible for any future U.S. visa or green card. The most common reason for foreign residents to be placed into removal proceedings is the discovery of evidence that they have been convicted of a crime, in particular, an aggravated felony or a crime of moral turpitude. Crimes of moral turpitude include fraud, intent to harm persons or things, larceny, arson, burglary, armed robbery, sexual assault, and domestic battery. Petty offenses, such as shoplifting, simple assault, or a DUI that did not involve driving without a license or damage to property or persons, are exempt from crimes of moral turpitude.

Visa revocation

There have been reports of international students at various universities in the United States receiving visa revocations. This has sparked concern among college leaders, who worry that the new approach will deter foreigners from studying in the US. The universities affected include Arizona State, Cornell, North Carolina State, the University of Oregon, the University of Texas, and the University of Colorado.

The reasons for visa revocation are not always clear, but there have been suggestions that political activism, particularly related to the Middle East and Palestine, may be a factor. In some cases, international students have had their visas revoked due to their involvement in protests or for expressing their political views on social media. This has led to criticism that the deportations violate free speech.

It is important to note that the process of visa revocation can be complex, and students facing this situation should seek legal counsel. In some cases, they may be able to apply for reinstatement of their status or a new visa. However, the impact of visa revocation can be significant, and it is a concern for international students and colleges alike.

Social media activity

The crackdown on international students is part of social media reviews conducted by the DOS, including consulate officials. These reviews have led to revoked visas and terminated SEVIS records, with potential future visa difficulties for the affected students. The DOS's directive states that consular officers must refer certain student and exchange visitor visa applicants to the fraud prevention unit for a mandatory social media check. The broad parameters outlined in the directive allow diplomats to judge whether to deny a visa based on the applicant's social media activity.

The scrutiny of social media activity has sparked concerns about the limits of free expression and the consequences of online activity for students in the US. It is part of President Trump's expanded deportation efforts, which include deporting foreign students who have spoken out in support of Palestinians during Israel's war in Gaza or who have criticized the US and its allies.

The consequences of adverse social media activity can be severe, as demonstrated by the case of Rümeysa Öztürk, a doctoral student at Tufts University. Öztürk was arrested and transported over 1,000 miles from her home after publishing an op-ed in her university newspaper describing Israel's military campaign in Gaza as genocide.

In response to these developments, some international students have shut down their social media accounts or altered their daily routines to avoid drawing attention to their online activity. Others have exchanged social media passwords with trusted individuals to alert each other in case of potential issues.

Re-entry into the country

Re-entry into the United States as an international student is a complex process that requires careful consideration and planning. Here are some key points to note about re-entry:

Firstly, it is crucial to maintain valid documentation, including a passport and visa. A valid passport is essential for re-entry, and students should ensure their passports remain valid for at least six months after their planned reentry date. In the case of an expired passport with a valid visa, both the old and new passports must be presented upon re-entry. Additionally, students should consult their Designated School Official (DSO) and ensure their SEVIS Form I-20 is endorsed for travel and up to date.

Secondly, international students should be aware of the potential for increased scrutiny upon re-entry. The U.S. consulate may have quick access to police and court records, leading to questioning and possible exclusion. Offenses that carry a potential jail sentence of more than one year, aggravated felony convictions, and multiple convictions can create grounds for deportability or removability.

Furthermore, refusal to answer questions at the border may result in denial of entry for non-U.S. citizens or lawful permanent residents. CBP officers at the port of entry have broad discretion in determining admissibility and can deny entry, revoke visas, and initiate expedited removal proceedings. International students should also be mindful that social media activities are scrutinized, and any perceived support for controversial causes or groups can lead to revoked visas and terminated SEVIS records, impacting future visa applications.

Additionally, students should consult their DSO before travelling, especially if they have been outside the United States for more than five months or have an expired visa. Seeking legal advice from immigration lawyers or the university's legal aid services can help determine if there are any mitigating factors that can reduce the severity of potential consequences related to re-entry.

Lastly, while rare, formal actions by U.S. Immigration and Customs Enforcement (I.C.E.) to deport or remove international students can occur. Behaviour deemed unacceptable or dangerous, visa violations, and academic-related issues may lead to deportation. Understanding the legal framework and seeking legal assistance can be crucial in navigating re-entry and potential deportation proceedings.

Frequently asked questions