ICE to Introduce New International Student Policy

On Tuesday, April 29, 2025, the US Immigration and Customs Enforcement (ICE) referred to a new policy for terminating foreign students’ records. DOJ attorney Johnny Walker confirmed the policy at a hearing before the US District Court of the District of Columbia. Other government attorneys have not confirmed the policy.

For the past several weeks, there have been hundreds of reported cases of the US government terminating the status of foreign students and their Student and Exchange Visitor Information Systems (SEVIS) records in the United States. The status terminations have been met with legal challenges, and on Friday, April 25, 2025, during a court hearing, the Trump administration said it would restore the previously terminated legal statuses while it develops a new policy that will provide a framework for potentially ending them in the future.

Impact: When foreign students’ records are deactivated, it threatens their lawful status and their continued eligibility to legally work and study in the United States.

Details: According to reports, the latest policy provides specific guidance for government officials to terminate the records, which reflect students’ compliance with the F-1 student program. But ICE retains broad discretion over the ability to terminate records, and a student’s record could be terminated for many reasons, including:

• failure to report employment through the Optional Training Program,
• withdrawal from school,
• approval of a change of status, and
• revocation of a visa by the Department of State

Further, according to the reports, the policy suggests that a terminated record doesn’t always result in a student no longer maintaining legal status or an adverse impact on the student.

Erickson Insights & Analysis

This is the latest instance of the Trump administration navigating legal challenges while pursuing a whole of government approach to immigration scrutiny and enforcement.

The government has argued in multiple cases that terminating SEVIS records doesn’t impact the students’ lawful status. However, students’ attorneys point to guidance on the Department of Homeland Security website that suggests otherwise, and the practical consequences of the termination — the inability to change status or seek employment.

At the time of this reporting, while there may be a new policy, it appears to not be fully rolled out and details are unclear. Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.