In a significant policy reversal, U.S. Immigration and Customs Enforcement (ICE) has reinstated the legal status of thousands of international students whose status had been previously terminated due to administrative or compliance issues, particularly those stemming from COVID-19-era disruptions and shifting regulations.
This development marks a major relief for foreign students across the United States who had been living in a legal gray area, facing potential deportation, visa denials, or inability to resume studies due to past technical violations of their F-1 (student) visa terms.
Background: The Fallout from Pandemic-Era Rules
The roots of the issue trace back to the COVID-19 pandemic, when universities rapidly shifted to online instruction. ICE initially allowed international students to retain their F-1 status while taking online classes. However, policy changes in mid-2020 — including a controversial directive to deport students attending online-only courses — created confusion and administrative bottlenecks.
Although the July 2020 directive was quickly rescinded after lawsuits and public backlash, inconsistencies in the implementation of ICE’s evolving guidelines led to numerous cases where students were found out of status for reasons beyond their control. Some were terminated for reduced course loads, improper program transfers, or delayed reinstatement requests caused by embassy closures and bureaucratic lags.
The Reversal: What ICE Announced
In an official memorandum released this month, ICE confirmed that it would initiate a case-by-case review of terminated SEVIS (Student and Exchange Visitor Information System) records and, where applicable, reinstate legal status retroactively.
Key points of the reversal include:
- Automatic Reinstatement for cases where students were terminated due to institutional reporting errors or administrative delays.
- Expedited Reinstatement Processes for students who voluntarily left the country and wish to return.
- Guidance to Universities to assist Designated School Officials (DSOs) in submitting corrections to SEVIS without penalty.
- Waivers of Certain Fees associated with reinstatement petitions for students affected by prior inconsistent policy enforcement.
Impacts on Students and Universities
This policy shift is expected to impact an estimated 20,000–30,000 international students, many of whom were stranded abroad, in legal limbo, or unable to pursue Optional Practical Training (OPT) due to their status being marked as “terminated.”
Universities have responded positively, with institutions like NYU, UC Berkeley, and the University of Michigan expressing support for the move. “This is a welcome correction that restores fairness and stability to our international student community,” said Dr. Leila Ahmed, Director of International Programs at the University of Illinois.
Students who had deferred their education or faced travel bans due to terminated status are now exploring options to return to the U.S. or resume their studies remotely with reinstated SEVIS records.
Legal and Political Implications
Immigration attorneys say this reversal may also preempt potential class-action lawsuits that were being prepared by student advocacy groups. The American Immigration Lawyers Association (AILA) praised the decision, stating that it “acknowledges the undue burden placed on international students by unpredictable enforcement and offers a path toward redress.”
The move is also seen as aligning with the Biden administration’s broader goal of restoring the U.S. as a welcoming destination for global talent. With international student enrollment having dipped sharply during the Trump and early pandemic years, this policy may help reverse that trend.
Next Steps and Guidance for Affected Students
ICE has advised affected students to consult their DSOs immediately and review their SEVIS status. The agency has also launched a dedicated online portal to track reinstatement applications and facilitate communication between students, schools, and ICE agents.
Key actions for students include:
- Confirming SEVIS Record Updates with their institutions.
- Reapplying for Visas (if applicable) under the reinstated status.
- Working with DSOs to submit new I-20 forms reflecting current program details.
- Checking for Eligibility to resume OPT or CPT (Curricular Practical Training).
Conclusion
The decision by ICE to reverse prior terminations of legal status represents not only a bureaucratic shift but a symbolic reaffirmation of the value international students bring to the U.S. education system and economy. While challenges remain in rebuilding trust and addressing the long-term consequences of the past few years, the move is a decisive step in the right direction.
As one international graduate student at Stanford put it: “It feels like someone finally turned the light back on.”
