MADISON, Wis. — A new lawsuit filed against the Department of Homeland Security (DHS) alleges that three students at UW-Madison unfairly had their F-1 student visas revoked.
Related: More than 1,000 international students have had their visas or legal status revoked
The lawsuit was filed on April 23, 2025, in the U.S. District Court for the Western District of Wisconsin against the Department of Homeland Security (DHS), Secretary Kristi Noem, and Acting Director of ICE Todd Lyons.
It alleges that DHS violated federal law and constitutional protections when it abruptly terminated the students' records in the Student and Exchange Visitor Information System (SEVIS) on April 8, 2025.
The lawsuit claims that all three students have no criminal records or charges, apart from minor traffic violations, and allege they have done nothing to lose their legal status.
The students involved in the lawsuit include a Chinese national and first-year Ph.D. student, a Chinese national in his final semester of a master’s program, and a Korean national in his third year of a Ph.D. program.
Watch: More than 1,000 international students have had their visas or legal status revoked
The lawsuit alleges that the first Chinese national’s only interaction with law enforcement was an arrest for misdemeanor assault in Seattle, for which charges were never filed. The second Chinese national’s only legal issue was a driving while intoxicated charge in Missouri that was dropped following a deferred prosecution agreement.
Related: US revokes 300+ visas amid crackdown on immigrant political expression
Lastly, the lawsuit states that the Korean national was convicted of operating a vehicle while intoxicated in Wisconsin, a nonviolent misdemeanor not punishable by more than one year in prison.
According to the lawsuit, on April 8, 2025, all three students received emails from the University of Wisconsin-Madison’s International Student Services office informing them that their SEVIS records had been terminated by the federal government.
The students later received visa revocation notices at different times, but their SEVIS records were all terminated on the same date, without explanation, according to the lawsuit, which alleges this was part of a nationwide action affecting over 1,000 international students across at least 160 institutions in early April 2025.
The lawsuit also alleges the terminations violated the Administrative Procedure Act, Fifth Amendment due process, and the Accardi doctrine.
Related: Protesters rally over UW-Milwaukee international students' terminated visas
The lawsuit claims the terminations adversely affected the students, with one student alleging that she lost her health insurance associated with her position and had to return her work laptop, which contained research data, despite an impending deadline.
In statements to court, another student said he fears he will be unable to complete his degree with less than a month left in his program, and said he has been unable to attend classes in person or interact with professors.
The third student alleges he avoids leaving his home for fear of deportation, worries about abandoning his degree, and experiences stress and anxiety.
The plaintiffs are asking the court to grant a temporary restraining order and a preliminary injunction to restore their status in SEVIS and prevent their removal from the U.S., declare that the termination of their SEVIS status was unlawful, and vacate DHS’s termination of their SEVIS status, according to the lawsuit.
They also request the court to order DHS to restore their SEVIS records and status, and award costs and reasonable attorney fees.
The lawsuit is just one of many lawsuits emerging against DHS, following what immigration attorneys are calling an "unprecedented" number of visa revocations for international students.
TMJ4 has reached out to UW-Madison for comment but has not yet received a response.
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