UC Berkeley international student sues Trump Administration over revoked visa

A University of California, Berkeley student is one of four across the country who filed a lawsuit against the Trump Administration, trying to stay in the United States after their visas were terminated without warning.

Zhouer Chen decided to sue the administration after her legal status was removed earlier this month. Chen, who's an Oakland resident from China, is one month away from earning her master's degree in architecture and starting a full-time job.

"International students are vital contributors to higher education and to learning and science and research," said Mara Loveman, Professor of Sociology at Cal. "But also what we are seeing here that is so problematic and so troubling is the absolute disregard for due process, the absolute disregard for the rule of law."

Chen is one of four asian students named in the lawsuit trying to stop the termination of visas.

Deheng Law Offices, representing the students, argues that they pose no security risk and that U.S. Immigration and Customs Enforcement violated their constitutional rights.

The lawsuit claims some defendants were arrested in the past but never charged, including Chen. She was arrested for an alleged physical altercation in 2022.

In a court document, Chen said that the change in legal status "will completely ruin my education and life that I have built here."

"These students have done nothing wrong; they have followed all the rules in place for being here," Loveman said.

On Thursday, students and staff at UC Berkeley gathered and spoke out against the Trump Administration's funding threats and for international students suddenly facing deportation.

"I'm white, I'm upper middle class and so it’s up to me to be here and organize in these situations for the students that can’t," said Cat Smith, a Cal undergraduate student. "It makes me scared, it makes me really scared for international students."

The show of support comes after more than 20 students and recent graduates have had their visas terminated.

Jeff Wang, a student RA at Cal, said international students are worries the same thing could happen to them.

"It puts students in a really tricky situation where they are not really sure what to do," Wang said. "A lot of my international friends are afraid to fly home on break, so they opt to stay in the U.S."

The Department of Homeland Security declined to comment on specific cases and said terminations can happen for various reasons.

In a statement to NBC Bay Area, a senior DHS official said, "DHS, through ICE HSI, conducts regular reviews of records in the Student and Exchange Visitor Information System (SEVIS) to ensure visa holders remain in compliance with program requirements."

The full statement is here: "Due to privacy concerns and visa confidentiality, the Department of Homeland Security (DHS) generally does not comment on specific cases or actions taken under the ICE Homeland Security Investigations (HSI) Student and Exchange Visitor Program (SEVP).

DHS, through ICE HSI, conducts regular reviews of records in the Student and Exchange Visitor Information System (SEVIS) to ensure visa holders remain in compliance with program requirements. SEVIS terminations may occur for various reasons, which are detailed here: https://www.ice.gov/factsheets/f-and-m-student-record-termination-reasons-sevis.

When a violation is identified, DHS may notify the Department of State. Information sharing amongst the departments is part of longstanding protocol. Under the INA, DoS has the authority to make a visa revocation determination and may consider criminal arrests and other national security concerns. DoS can also make visa revocation determinations independent of DHS notification.

Individuals who remain in the U.S. without lawful immigration status may be subject to arrest and removal. For such individuals, the safest and most efficient option is self-deportation. Tools such as the CBP Home app are available to support the self-deportation process.

For case-specific inquiries related to visa revocation or individual revocation status, DHS defers to the Department of State.”

In a message to students on April 7, the UC Berkeley administration said recent actions have created "an uncertain and challenging environment for our campus community."

"Your university supports, without reservation, the right and ability of immigrant and international students, staff, and faculty to participate fully in the campus experience," said Chancellor Richard K. Lyons and Executive Vice Chancellor and Provost Benjamin E. Hermalin in the joint statement. "The campus is supporting those affected in accordance with its long-standing procedures for visa revocations. We are providing those affected with resources to navigate the process and are encouraging them to seek legal counsel for guidance. UC Berkeley’s International Office has been providing international students and others with guidance and information regarding changing federal policies and actions proactively and directly and will continue to do so."