International students at Montana State University are caught in a legal tussle, fearing potential deportation despite assurances from the U.S. government. The students, who have sued the government, argue that without a court order, they remain vulnerable to future policy shifts.
In a federal court in Missoula, the U.S. Attorney’s Office requested the dismissal of the lawsuit, citing that the issue has been resolved. The government reversed a policy that led to the loss of visa statuses for numerous international students, affecting an estimated 3,000 to 5,000 individuals nationwide. John Newman, representing the U.S. Attorney’s Office, argued that the case is now moot as the Department of Homeland Security has abandoned the initiative.
However, the American Civil Liberties Union of Montana, representing the students, contends that the government’s assurances are insufficient without a formal court order. The students’ records were previously terminated, impacting their ability to study and work, and making them subject to deportation.
Federal Judge Dana Christensen had previously issued an order preventing the arrest or deportation of the students based on their visa status records. This decision is currently under review by the U.S. Court of Appeals for the Ninth Circuit.
Alex Rate, the students’ attorney, argued that the termination of their records was contrary to the government’s own code, which requires a conviction or significant prison sentence for such actions. Both students were charged with crimes but pleaded not guilty and were not convicted.
The government maintains it will not repeat the actions that led to the lawsuit, but Rate argued that the absence of a binding policy leaves the students in a precarious position. He emphasized the need for a court order to guarantee the students’ ability to continue their education without fear of deportation.
The lawsuit was filed by John Roe from Iran, pursuing a doctorate in electrical engineering, and Jane Doe from Turkey, seeking a master’s in microbiology. While Doe has graduated and is working in the U.S., Roe continues his studies at MSU.
Rate highlighted the severe impact of the government’s previous policy, noting that one student nearly self-deported due to fear of deportation. He stated, “One of my clients had purchased a ticket to go say goodbye forever to his sister in Colorado because he was going to self-deport to Iran and had no expectation of ever returning to the United States.”
Newman, representing the government, countered that the students’ concerns are speculative and outside the scope of the lawsuit. He acknowledged their worries given the current climate but maintained that the issue at hand has been resolved.
Judge Christensen has yet to issue a ruling on whether the case will proceed.
