A federal judge in the U.S. District Court for the Northern District of Georgia granted a temporary restraining order (TRO) to restore an Emory University student’s visa on April 22, according to Charles Kuck, Emory adjunct professor of law and immigration attorney.
Kuck filed a lawsuit on behalf of the student and over 100 additional plaintiffs to restore their visa records. U.S. Immigration and Customs Enforcement (ICE) restored the Student and Exchange Visitor Information System (SEVIS) visa records as of 5 p.m. yesterday, according to Kuck.
On April 8, ICE terminated the SEVIS records of three alumni and one current student. SEVIS records track and manage student visas in the U.S. It is unknown if this student is the same student from the April 8 terminations.
U.S. District Judge Victoria Calvert granted the motion for a TRO on April 18. A TRO is a short-term injunction issued by a court before trial or the issuance of a preliminary injunction. Judges issue TROs when a party convinces them that they will suffer immediate irreparable injury, in this case, deportation, unless the court takes action.
Calvert ordered ICE to reinstate the visa status and SEVIS authorization of the Emory student and other plaintiffs by April 22. The TRO is valid for 14 days, and a hearing for a preliminary injunction is set for this week, according to Kuck.
Assistant Vice President of University Communications Laura Diamond said in an email to The Emory Wheel that the University has been continuing to monitor the SEVIS database and communicating with “impacted individuals on an ongoing basis.”
The TRO mandates that students not be deported. Attorneys had to provide the plaintiffs' names to the government in order for students to regain their visa status, even though Kuck had filed the lawsuit using pseudonyms for the students. Kuck did not reveal the students’ identities in the original lawsuit due to the students’ fear of government retaliation, fears of harassment and the “sensitive and personal” information involved in the case.
Kuck added that the TRO prevents the government from using the students' identities, since they were identified anonymously in the lawsuit, for any purpose other than the current litigation.
“All of our students are back in status,” Kuck said. “Their lives are good again. They go back to work pending the hearing this week.”
Jack Rutherford (he/him) (27C) is a managing editor at The Emory Wheel. He is from Louisville, Ky., majoring in economics on the pre-law track. When not working for the Wheel, he can normally be found rowing with Emory Crew, where he serves as president, or at an Atlanta Opera performance. In his free time, Rutherford enjoys listening to music and walking in Lullwater.
