The Department of Homeland Security seal.
(AP Photo/Alex Brandon)
The American Civil Liberties Union of Indiana is suing the federal government for revoking the international student status of seven people at universities in Indiana "without explanation."
Six are citizens of China, five of whom attend Purdue. The other is at Indiana University-Indianapolis. A student from Nigeria at Notre Dame is also a plaintiff.
The complaint, filed in federal court in Indianapolis, shows that four of the seven students have had arrests in the U.S. and another received a citation for disorderly conduct.
"Plaintiffs were in full compliance with the terms of their F-1 (visa) status and have not engaged in any conduct justifying termination of the status," the complaint said.
The filing contends that the U.S. Department of Homeland Security violated the students' Fifth Amendment due process rights. It asks for a temporary restraining order for immediate protection. Two of the students are scheduled to graduate next month.
“There is no rhyme or reason for DHS’s action," ACLU of Indiana legal director Ken Falk said. "To terminate an international student’s status, the U.S. government must adhere to regulatory standards and provide basic due process, which it has failed to do. The impact on these students’ lives is profound, and now they live in fear of being deported at any moment. We're calling on the court to take immediate steps to stop these unlawful actions.”
IU and Notre Dame did not immediately respond to a request for comment. A spokesperson for Purdue referenced an old statement on the visa issue and said there would be no other comment.
The ACLU said it would not comment further until a judge rules on its request for a temporary restraining order.
The students and their situations, according to the complaint:
— Jideofor Odoeze, Nigeria, Notre Dame: He's scheduled to graduate next month with a Ph.D in electrical engineering. He has a wife, who's dependent on his visa, and 2- and 4-year-old children, both of whom are U.S. Citizens. In 2024, he was charged with domestic battery and disorderly conduct. He pleaded guilty to misdemeanor disorderly conduct and was fined. He has a speeding ticket that will be dismissed this month if he has no further citations.
He received an email April 8 from the executive director of International Student & Scholar Affairs at Notre Dame informing him of the visa revocation.
The email went on to say "you are are no longer considered lawfully present in the U.S. Additionally, you may be at risk of detention and deportation. ... If you are still present in the U.S., you should make immediate plans to depart. There is no grace period with this termination."
— Zhaorui Ni, China, Purdue: She's a doctoral student in computer engineering. She had criminal trespass and resisting law enforcement charges dismissed earlier this year. She had a speeding ticket deferred and resolved.
— Xilai Dai, China, Purdue:He's pursuing doctorate in computer chip design. He had previously failed to disclose to authorities an arrest for underage consumption of alcohol, a charge that was dismissed. He received a deferral for speeding ticket last year.
The complaint says Dai received an email April 9 from the U.S. embassy in China saying "additional information became available" after his visa was issued.
"Deportation can take place at a time that does not allow the person being deported to secure possessions of conclude affairs in the United States,"the email said. "Persons being deported may be sent to countries other than their countries of origin."
— Xiaotian Yu, China, Purdue: He's scheduled to graduate next month with a master's degree in aerospace/aviation. He was charged with domestic violence in 2022 and the charge was dismissed.
— Junde Zhu, China, Purdue: He's a junior majoring in natural resources and environmental science. He pleaded guilty in 2024 to a citation for disorderly conduct, and paid a fine and restitution.
— Nina Hu, China, Purdue: She's a sophomore in computer science and data science. She has no criminal offenses.
— Jelena Liu, China, IU-Indianapolis: She has no criminal offenses. Her visa was reinstated in 2018 after she dropped too many classes for eligibility during a mental health issue.
"Assuming that they do not voluntarily depart the country, the plaintiffs are now subject to removal from the United States," the complaint said.
