“International students have to know that the rules have changed in the US and can lose their visa”

Khalilpostgraduate student in the School of International and Public Affairs of the University of Columbiaplayed a leading role in student protests against the war in Gaza in 2024. He was a spokesman and negotiator of a coalition of student groups. The government of Trump He justified his arrest alleging that His presence was “incompatible with the United States foreign policy interests”. He accused him, without evidence, of leading activities aligned with HamasPalestine militia considered terrorist by the US last week, a judge authorized the government to deport him.

LOOK: Daniel Noboa sweeps Ecuador: the keys to an overwhelming victory and the collapse of correism (which was already winning)

Another case is that of the Turkish student Rümeysa Öztürkwho on March 25 was arrested by agents of immigration near your residence in SomervilleMassachusetts. She was followed by a doctorate at Tufts University. His F-1 visa was revoked after being accused by the DHS of supporting Hamasalthough a state department report concluded that there were no evidence that linked it to terrorist or anti -Semitic activities. Öztürk had co -written an article in the student newspaper criticizing the position of the university against the war in Gaza.

On April 14, 2025, Mohsen MahdawiPalestinian student and co -founder of the Palestinian Student Union at Columbia Universitywas arrested by the immigration and customs control service (ICE) in Vermont during an appointment for naturalization. Legal permanent resident in the US, the student had led proportions on the campus.

On these cases that involve international students whose visas have been revoked and could be deported, Commerce He talked with Ysabel LonazcoPeruvian lawyer graduated in Peru and the United States and specialized in migratory issues. She resides in Utah, where she directs the law firm Lonazco Law, focused on the right of immigration.

– What legal implications do you have for an international student to participate in protests within their university campus in the United States, whether these policies or other issues?

International students are being subject to Revocations of its immigration status for reasons not established in the immigration laws that regulate them. Currently, there are international students who have been arrested by immigration for attending marches in favor of Palestine. The current government is sending a clear message to permanent international students and residents: The freedom of expression that protects the Constitution in the first amendment does not apply to them. The revocation of visas and immigration status is something unheard of Because there are students who have no criminal record. These revocations are in full litigation in the courts, and the court of New Hampshire has been the first to give a precautionary measure to an international student of Chinese nationality so that he can continue with his status.

– Can the government revoke a student visa only for participating in political demonstrations? What does the law say about it?

Immigration laws delineate reasons to revoke status. These reasons can be: carry less than 12 credits, abandonment of studies, commit a violent crime that has a minimum one year. The law does not consider the protest in favor of interests contrary to those of the Government. It is worth mentioning that people living in the United States, regardless of their immigration status, have constitutional rights that protect them.

– What kind of evidence does the government use to justify the cancellation of these visas? Videos, social networks?

Something I want to clarify is the difference between visa and status. Visa is the stamp in the passport that allows the transit of the international student. Status is permission to be legally under the status of student. The National Security Department has a program called Sevis, this program supervises international students through the DSO (designated school officer), school manager who accepts international students. The DHS sent an email to more than 300 students in the United States revoking visas and automatically revoking status. However, a judge in New Hampshire has given a precautionary measure arguing that the revocation of status is a violation of the administrative act that requires due process for the student. In this sense, it should have been given a period of response and revocations have no legal basis, since many students have not violated the rules of international student status.

– What legal resources have students affected by the revocation of their visa? Can this decision appeal?

They can make a federal lawsuit to the court where they reside. A demand is made and a precautionary measure is requested. The precautionary measure that I mention of New Hampshire is temporary in what the merits of the case are resolved.

– What role do universities play in these cases? Are they obliged to report to students who protest or have been arrested?

Important question. Sevis and the DSO communicate. The role of the DSO is to report criminal action or disciplinary action of the school to the student. The DSO reports if the student is working without authorization, or violating the terms of status. Sevis (through DHS) are the ones that revoke status. Once the status is revoked, there is no extension, which means that of not complying with the revocation and choosing not to leave the country, you can initiate a deportation process against the student.

– Have you received an increase in consultations or cases related to migratory protests and consequences since the beginning of Donald Trump’s new government?

Definitely Yeah. I have had consultations with international students whose visa has been revoked. Personally, I have been an international student and I empathize with this situation that causes me a lot of alarm. The student visa is a temporary visa, the objective of the visa is to obtain studies and return to your country to apply what you have learned. F-1 is a non-immigrant visa (I have to show that my visit is temporary). Since January 20, 2025, our phones are at the top with calls from people with fear. Immigrants, regardless of whether they are legal or undocumented, are having difficult moments where fear urges.

– What is the Margin of ICE or the State Department in the face of cases like these? Do they act under discretion or should they follow specific guidelines?

ICE is the arm of the State Department that enforces the immigration laws. At present, ICE has freedom to stop undocumented people in places that in other governments have been protectedsuch as courts, churches, weddings, funerals, schools, etc. It is understood that priorities are people with criminal record, but that does not mean that there are actually people without criminal records who have been affected and are subject to deportation.

– How does this situation change the panorama for international students who plan to study in the US soon?

International students have to know that The rules have changed and that immigration policies change with each government. The government is considering social networks To have an idea of ​​whether the temporary immigrant potential has visions that go against government policies. Something that I should also clarify with respect to the visa and status is that you can have a student visa that is given in the passport (the Embassy officer gives you the visa). However, the CBP (the Office of Customs and Border Protection) is the one that gives it the status. It means that you can be an international student with visa, but at the end of the day the CBP is the one who has to give the status. The officer can deny the entrance despite having a visa. The officer can revoke the visa if he discovers any violation of his visa or status (for example, having worked without authorization). The visa does not assure you the entrance to the United States, it only allows you to ask permission to enter. CBP issues status.

– What advice would an international student give to exercise his right to free expression without putting his immigration status at risk?

Currently, based on everything we are seeing with international students, residents, and even American citizens, my advice would be that they focus on what they came: study. The United States is, or it was, a country where people were looking for refuge because this was where we could all be free to express ourselves. However, the current government has made it clear that every person who issues an opinion contrary to current policies can suffer the revocation of the visa. We have seen permanent residents affected, people with visa revoked at the entrance by CBP. My advice is to be informed before entering the country. Understand that we have constitutional rights regardless of immigration status. However, they are difficult times for any immigrant inside and outside the United States.

– In Utah how many Peruvians are there with a student visa and how many of them have been revoked the visa and why reasons?

Utah has a very large Peruvian community. There are many international students. To date I have understood that there are about 49 students whose visas have been revoked. The nationality of students is not yet known. I could not answer this question because I have no concrete data for Peruvians.