Janice Lozano
International students studying in the United States on F-1 visas or holding green cards are sometimes charged with misdemeanors or felonies, such as battery, retail theft, DUI, sexual assault, etc. International students also face additional challenges in criminal cases compared to American citizens. In addition to criminal charges, international students may face lawsuits or complaints related to academic expectations, immigration status, and sexual harassment. For example, in 2025, over a thousand international students had their visas revoked or legal status terminated due to a crackdown by the Trump administration, leading to a wave of court cases. International students facing legal issues in the United States should seek legal advice and representation to understand their rights and options, especially as laws can vary by state.
| Characteristics | Values |
|---|---|
| Number of international students impacted by legal status termination in the U.S. | 1,100+ |
| Number of colleges, universities, and university systems impacted | 174 |
| Court cases involving international students in the U.S. | Sexual harassment, student academic expectations, immigration status, discrimination, criminal offenses |
| Court case examples | Gjeka v. Delaware County Community College (2013), Sethunya v. Weber State University |
| U.S. State Departments involved | State of New York, New Hampshire, Wisconsin, Montana, Oregon, Washington, Illinois, Texas, Maryland |
| U.S. Federal Departments involved | Department of State, Supreme Court |
| U.S. Universities involved | Columbia University, Tufts University, SUNY Maritime, Weber State University |
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What You'll Learn
International students facing visa revocations
International students in the United States have been facing visa revocations and disruptions to their academic careers. This has been a result of the Trump administration's crackdown on immigration, with the State Department citing "expanded screening" of social media activity as a requirement for visa applicants. This has led to international students scrubbing their social media presence, unfollowing potentially controversial accounts, and even deleting old posts and likes out of fear that their visa applications could be affected.
The U.S. government has broad discretion to revoke student visas, as upheld by the U.S. Supreme Court in the 2024 case Bouarfa v. Mayorkas. This discretionary power has been used to revoke visas of students who participated in protests on university campuses, citing potential adverse foreign policy consequences. The revocations have caused uncertainty for thousands of international students, with some facing legal peril and the risk of deportation.
Some international students have found success in court, with federal judges issuing orders to temporarily restore their legal status. However, this is not a permanent solution, and students remain anxious about their future in the U.S. The situation highlights the need for clearer policies and stronger protections to ensure due process for international students.
To find specific court cases related to international students, you can refer to legal databases and resources such as court websites, law journals, or case law databases. These sources will provide detailed information on particular cases, including the names of the parties involved, the facts of the case, the legal issues, and the outcome. Additionally, you can contact legal professionals or organizations specializing in immigration law for guidance on relevant court cases and their implications for international students.
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Criminal cases involving international students
International students enrolled in U.S. institutions of higher education often face legal issues that may involve criminal cases. These students are advised to stay away from any suspicion of committing crimes and must be aware of the unique consequences of their situation as non-citizens.
International students in the U.S. on student visas must be cautious about any criminal accusations or investigations. If charged with a crime, they may not be able to leave the country until the case is resolved, which could take years. This limbo situation may tempt students to plead guilty to a lesser crime to resume travel, but they must be aware of the immigration consequences.
For example, certain criminal convictions under the Immigration and Nationality Act can lead to immediate deportation and a bar from re-entry for up to ten years. These charges often involve crimes of moral turpitude, aggravated felonies, drug crimes, domestic violence, and violating protective orders.
In addition to criminal penalties, some schools may expel students merely charged with a crime. International students can face suspension or expulsion, affecting their visa status. Even after resolving a criminal case, a recorded crime may make them inadmissible for future U.S. visas or green cards.
Court Cases Related to International Students
Court cases involving international students in the U.S. often pertain to academic expectations, immigration status, and sexual harassment. An example is the case of Victoria Sethunya, a student from Lesotho, Africa, who sued Weber State University (Sethunya v.) due to an alleged computer glitch that removed her name from the international student list. The Court of Claims of New York also handled a case where Gani, an international student, alleged that fraudulent representations by the State of New York led to the denial of his F-1 student visa status and loss of job opportunities.
International students facing legal issues in the U.S. are advised to seek legal assistance from criminal defense and immigration attorneys to understand their rights and navigate the complex intersection of immigration and criminal law.
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Discrimination claims by international students
International students studying in a foreign country may face discrimination on various grounds such as race, colour, religion, national origin, etc. Discrimination may arise in the form of harassment by other students, unfair treatment by the university or school, or even discrimination in employment.
In the United States, federal laws enforced by the Equal Employment Opportunity Commission (EEOC) require the agency to accept charges alleging employment discrimination. An individual facing discrimination can file a Charge of Discrimination, which is a signed statement asserting that an employer, union, or labour organisation engaged in employment discrimination. The EEOC Public Portal allows individuals to file a formal charge after submitting an online inquiry and participating in an interview.
In the case of Telluselle v. HPU, the plaintiff filed a suit against the university and its officials claiming national origin discrimination and negligence. The United States District Court for the District of Hawaii found in favour of the university as the plaintiff failed to provide evidence that she was treated differently than non-Swedish students.
In another case, Doe & United States v. Anoka-Hennepin School District, the United States advised the court that determining whether a school district employee is an "appropriate person" under Title IX is fact-dependent and may not be based on the employee's title alone. The United States concluded that the plaintiff must be allowed to demonstrate facts in support of her allegations, and the defendant's Motion to Dismiss should be denied.
Additionally, in Almendares v. Palmer, Spanish-speaking food stamp beneficiaries alleged that state agencies administering the food stamp program failed to ensure bilingual services for applicants with limited English proficiency. The court found that the defendants' knowledge of the harm caused to Spanish-speaking applicants was sufficient to state a Title VI claim, demonstrating intentional discrimination based on national origin.
International students facing discrimination can seek legal recourse by filing a lawsuit or charge of discrimination, depending on the specific circumstances and jurisdiction. It is important to be aware of the time limits and procedures for filing, as well as the availability of support from student groups and legal assistance funds at universities.
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Academic expectations and immigration status
International students enrolled in US institutions often face challenges that can impact their academic success and overall well-being. Academic expectations in the US may differ significantly from those in the home countries of international students. For instance, American universities often emphasize critical thinking, class participation, and independent research. In contrast, students from more lecture-based, exam-focused educational systems may struggle to adapt to these new expectations.
Additionally, international students must navigate the complexities of the US immigration system, which can be stressful and confusing. Maintaining visa status, for example, requires strict adherence to enrollment and attendance rules. Missing too many classes, dropping below full-time status, or failing to meet academic standards can result in visa violations and potential deportation. The process of applying for work permits, internships, or Optional Practical Training (OPT) after graduation can also be slow and complicated, adding to the uncertainty and anxiety experienced by international students.
The cultural adjustment process can be challenging, and international students may encounter social isolation due to language barriers, cultural differences, or a lack of interest from domestic students. This isolation can be further exacerbated by incidents of discrimination, xenophobia, or racism. Addressing these issues is crucial, as international students are at a higher risk of experiencing mental health issues due to cultural adjustment, academic stress, and homesickness.
To support international students, it is essential to recognize and address the specific challenges they face. This includes providing resources and support to navigate the immigration system, promoting cultural sensitivity and inclusion on campuses, and offering mental health services that are accessible and tailored to the unique needs of international students. By taking proactive measures, educational institutions can help international students thrive academically and socially, ensuring a more positive and equitable learning environment for all.
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International students' rights and options
International students have various rights and options that they should be aware of to ensure their well-being and protect themselves during their academic journey in a foreign country. Firstly, international students have the right to equal treatment and access to the same support services as their peers. This includes academic resources, mental health resources, legal advice, and extracurricular activities. They also have privacy protections, freedom from discrimination, and access to healthcare services.
In terms of legal rights, international students on F-1 visas in the United States are legally admitted non-immigrants with constitutional rights. The Fifth Amendment protects them from false accusation or baseless threats of deportation, and they are presumed innocent until proven guilty. If arrested, they have the right to contact their consulate and refuse their assistance if desired.
International students should also be aware of their rights regarding housing and work. They have the right to fair and equal treatment in finding accommodation and protection against contract violations related to housing or tuition services. Their access to work depends on their visa type, so understanding their visa status is crucial.
Additionally, international students can take legal action against universities and officials. Cases have involved academic expectations, immigration status, and sexual harassment. For instance, a student sued Arkansas State University, arguing that their rules violated her due process and equal protection rights regarding tuition fees.
Lastly, in recent news, international students have been fighting back against visa revocations by the Trump administration, with some courts reinstating students' legal statuses. This has caused disruptions to the academic careers and lives of over a thousand international students.
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Frequently asked questions
If you are an international student and receive a court summons, you should not ignore it, even if you no longer live at the address it was sent to. You should seek legal advice promptly, as laws can vary depending on the state.
If you are an international student and are charged with a criminal offence, you should seek legal advice. You may be able to fight to have the charges dropped or reduced, which could prevent your permanent record from being tarnished.
International students have been involved in a variety of cases in the past, including those related to academic expectations, immigration status, and sexual harassment.
One example of a case involving an international student in the US is Sethunya v. Weber State University, where Victoria Sethunya, a student from Lesotho, Africa, sued the university after an alleged computer "glitch" caused her name to be removed from the international student list. Another example is a case involving a student from Nigeria who was accused of slander in Texas.
Some recent cases involve international students who had their legal status in the US revoked or terminated by the Trump administration. In some cases, federal judges have issued temporary restraining orders to restore students' legal status.
