International Student Crime: What's Nafsa's Take?

when international students commit crimes nafsa

International students on visas in the United States are expected to obey the laws of the country, and committing a crime can have serious consequences on their immigration status. NAFSA: Association of International Educators has been collecting reports of international students and scholars having their visas revoked, their records terminated, and/or being arrested and detained. As of May 7, there were more than 1,600 such reports, with students from over 40 countries affected. NAFSA promotes policies that ensure the growth of global learning, cultural exchange, and mutual understanding, and the organization is committed to fostering a globally connected and peaceful world. International students must be aware of the potential consequences of committing a crime in the United States, which can include criminal punishment, deportation, and being barred from returning to the country.

Characteristics Values
NAFSA's response to actions targeting international students NAFSA is closely monitoring the situation and actively gathering information to better understand the scope and circumstances of these actions. NAFSA's priority remains advocating for policies and practices that ensure the safety, dignity, and rights of international students and scholars.
NAFSA's recommendations to colleges and universities International offices, the institution's general counsel, communications offices, human resources, student affairs, offices of the registrar, and others should all be in close communication.
Number of reports of international students and scholars having their visas revoked and/or their records terminated in SEVIS More than 1,600 as of May 7
Type of institution with the most reported cases Doctoral universities (801)
Countries with the greatest number of students affected India, China, South Korea, Saudi Arabia, and Nigeria
Potential consequences for international students committing crimes in the U.S. Criminal punishment (fines or prison time), revocation of visa, removal from the country, inability to return to school, deportation, and long-lasting consequences on immigration record

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Visa revocations and SEVIS record terminations

International students in the US on a student visa must avoid even being suspected of committing crimes to keep their visas valid. If they are found guilty of criminal charges, immigration consequences could include deportation and not being allowed to return to school.

NAFSA: Association of International Educators has been collecting reports of international students and scholars having their visas revoked, their records terminated in SEVIS, and/or being arrested and detained. As of April 10, there have been more than 800 such reports.

SEVIS, maintained by the DHS, is used to track and monitor compliance with the terms of F-1 status, including full-time enrollment, address updates, and authorized employment. A terminated SEVIS record strips a student of their lawful status, leading to the invalidation of their F-1 work authorization. However, the government has recently stated that termination of an individual's SEVIS record does not terminate their status in the US, creating legal uncertainty for those affected.

If an international student's visa is revoked and/or their SEVIS record is terminated, they should consult an immigration attorney. They can also file a challenge if placed in deportation proceedings, file a lawsuit, or apply for reinstatement.

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International students' contributions to the US

International students make significant contributions to the United States, both economically and culturally. In the 2023-2024 academic year, international students contributed a record-breaking $43.8 billion to $44 billion to the U.S. economy, supporting more than 378,000 jobs. This economic impact is felt across various sectors, including higher education, local businesses, and state economies. For every three international students, one U.S. job is created or supported. States with high concentrations of universities, such as Texas, Massachusetts, and California, particularly benefit from the economic contributions of international students.

Beyond their economic impact, international students play a crucial role in fostering cultural exchange, global learning, and mutual understanding. They bring diverse perspectives and experiences to U.S. campuses, enriching the educational experience for all students. International students also contribute to the American research enterprise, driving innovation, entrepreneurship, and advancements in critical STEM fields. The presence of international students enhances the country's global competitiveness and strengthens its national security by deepening global understanding.

The contributions of international students are recognized by organizations like NAFSA: Association of International Educators, which promotes policies that ensure the continued growth and impact of global learning and cultural exchange. NAFSA has expressed concern over recent actions targeting international students, including visa revocations and detentions, which create an atmosphere of fear and confusion. These actions not only affect the safety and future of international students in the U.S. but also undermine the country's reputation as a welcoming destination for talent from around the world.

The loss of international students can have significant negative consequences for the U.S. economy, engagement with the world, and global competitiveness. Universities may struggle to make up for the loss of tuition fees from international students, potentially leading to reduced course offerings or financial aid. The Trump administration's pause on new student visas, for example, was predicted to have a substantial impact on universities and local economies.

In conclusion, international students make invaluable contributions to the United States in numerous ways. Their presence enriches the educational experience, fuels innovation, and strengthens the economy. Fostering a welcoming environment for international students is not only beneficial but also aligns with the country's interests in maintaining its global competitiveness, attracting talent, and promoting cultural exchange.

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Criminal convictions and immigration status

International students in the US on a student visa must avoid any suspicion of criminal activity to maintain their visa status. Even a minor misdemeanour can have serious consequences for their immigration status. If charged with a crime, international students may not be able to leave the US until the case is resolved, which could take years.

Students may be tempted to plead guilty to a lesser crime to resume travel, but this can have unintended consequences. A criminal conviction, even for a simple misdemeanour, can have further visa ramifications, including immediate deportation. Students should consult an immigration lawyer to understand the full implications of a criminal conviction on their immigration status.

Under the Immigration and Nationality Act, certain criminal convictions will lead to immediate deportation from the US. These include crimes of moral turpitude, aggravated felonies, failure to register as a sex offender, drug crimes, domestic violence, crimes against children, and violating a protective order.

US Citizenship and Immigration Services (USCIS) can place individuals and their families into removal proceedings if they are caught violating criminal or immigration laws. While not all crimes will result in deportation, the list of offences is extensive and includes aggravated felonies, drug crimes, espionage, and firearms offences. Once deported, individuals are typically barred from returning to the US for ten years, unless they successfully apply for a waiver.

NAFSA: Association of International Educators has expressed concern over recent actions targeting international students and scholars, including visa revocations, arrests, and detentions. As of May 7, there were more than 1,600 reports of international students experiencing visa issues or having their records terminated in the Student and Exchange Visitor Information System (SEVIS). NAFSA prioritises advocating for policies that ensure the safety, dignity, and rights of international students and scholars, calling for a transparent process.

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Transparency and due process

NAFSA: Association of International Educators is the world’s largest and most comprehensive nonprofit association dedicated to international education. NAFSA promotes policies that ensure the continued growth and impact of global learning, cultural exchange, and mutual understanding through study abroad, international student services, and campus internationalization.

NAFSA has a network of more than 10,000 professionals in the field at over 3,500 institutions in more than 150 countries. It is committed to fostering a more globally connected and peaceful world.

In a statement, Fanta Aw, Executive Director and CEO of NAFSA, responded to the recent reports regarding the detention of international students and scholars, visa revocations, and the termination of SEVIS records without transparency or clear justification. Aw stated that the U.S. government’s recent actions have created an atmosphere of fear and confusion that has students, scholars, and their families understandably concerned about their safety and future in the United States. These actions also undermine what makes U.S. higher education so special: well-resourced, cutting-edge research opportunities; academic freedom; and free speech.

There is still no transparency into the grounds for these revocations, nor is there any clear process for determining what the charges are against the students. Due process is absent.

NAFSA is closely monitoring the situation and actively gathering information to better understand the scope and circumstances of these actions. NAFSA's priority remains advocating for policies and practices that ensure the safety, dignity, and rights of all international students and scholars. They will engage with relevant authorities and partners to seek clarity and support a transparent process.

As of April 10, there have been more than 800 reports of international students and scholars either having their visa revoked and/or their record in SEVIS terminated. This tally will be updated on an ongoing basis. Undergraduate, graduate, and Optional Practical Training (OPT)/STEM OPT students are affected. The number of reports has since grown to more than 1,600 as of May 7.

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The role of NAFSA in supporting international students

NAFSA: Association of International Educators is a nonprofit association dedicated to international education. It has a network of more than 10,000 professionals in the field at more than 3,500 institutions in over 150 countries. NAFSA promotes policies that ensure the continued growth and impact of global learning, cultural exchange, and mutual understanding through study abroad, international student services, and campus internationalization.

NAFSA has been collecting reports of international students and scholars having their visas revoked, their records terminated in the Student and Exchange Visitor Information System (SEVIS), and/or being arrested and detained. The association has been closely monitoring the situation and actively gathering information to better understand the scope and circumstances of these actions. NAFSA prioritizes advocating for policies and practices that ensure the safety, dignity, and rights of international students and scholars. They engage with relevant authorities and partners to seek clarity and support a transparent process.

NAFSA provides resources for undergraduate international students, including information on financial aid, costs of living, and suggestions to reduce education costs. They also offer insights into the growing number of actions against international students and scholars, such as visa revocations and SEVIS record terminations, urging relevant departments to release disaggregated data and provide updated guidance.

NAFSA's response to actions targeting international students and scholars demonstrates their commitment to fostering a globally connected and peaceful world. They emphasize the contributions of international students to American innovation, cultural exchange, and national security through deepening global understanding. NAFSA encourages a welcoming environment for international students, recognizing the potential negative impact on the country's engagement, economic strength, security, and global competitiveness if these students choose to study elsewhere.

Frequently asked questions

NAFSA, or the Association of International Educators, is a nonprofit association dedicated to international education. It promotes policies that foster cultural exchange and mutual understanding through study abroad, international student services, and campus internationalization.

NAFSA has released statements expressing concern over the U.S. government's actions, including the detention of international students, visa revocations, and termination of SEVIS records without transparency or clear justification. NAFSA emphasizes the contributions of international students to American innovation, cultural exchange, and national security. They advocate for policies that ensure the safety, dignity, and rights of international students and scholars.

International students on a student visa must avoid even the suspicion of committing certain crimes to maintain their visa status. If charged with a crime, they may be subject to criminal punishment, such as fines or prison time, and immigration consequences, including deportation and being barred from returning to the country. It is essential for international students to understand their rights and seek legal assistance immediately.

There is a long list of crimes that can lead to deportation, including aggravated felonies, drug crimes, domestic violence, crimes against children, and violating protective orders, among others. It is the responsibility of international students to be aware of these laws and the potential consequences.

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