Federal Judge Blocks Homeland Security from Deporting Oregon University Students Over Arbitrary SEVIS Terminations

A federal judge, U.S. District Judge Michael J. McShane, extended a temporary restraining order on Friday against Homeland Security and Immigrations and Customs Enforcement (ICE), barring them from removing two students at Oregon universities by terminating their SEVIS records as a precursor to their arrest, detention, and deportation. Irreparable harm to the Plaintiffs was an important factor in the hearing.

2 Oregon University Students Win Injunction After SEVIS Termination

Two Oregon students, a 32-year-old Mexican student at OSU and wildlife scientist Aaron Olaf Ortega Gonzalez and a 29-year-old graduate student from Britain studying at the Eugene campus of UO known as “Jane Doe,” filed the lawsuit after their Student Exchange and Visitor Information Systems (SEVIS) records were terminated, causing irreparable harm.

When Ortega’s status was terminated, he lost his work authorization. As a result, he could not continue his research, his sole source of income, or his studies. He was at serious risk of arrest, detention, and deportation.

After Ms Doe lost her work authorization and sole source of income, she could also continue her studies but could apply for Optional Practical Training, but not without an active SEVIS record.

Here is how big the SEVIS termination crackdown became beyond Oregon:

Judge McShane said, “Deafening silence has been the only response by the Defendants in explaining, let alone justifying, the actions taken here.”

In his written opinion and order, McShane indicated that Homeland Security and ICE changed their policy and issued new guidance regarding the termination of SEVIS records in response to lawsuits around the country, but this does not satisfy their ‘heavy burden’ to show mootness. The new policy is ‘substantially the same policy that has been in place.’

The judge found it “impossible to trust that the government won’t tamper with the student’s legal status again while the students’ lawsuits are pending in court.”

Key dates in the Oregon SEVIS injunction:

Because the terminations are so arbitrary and capricious, the court found it impossible to trust that, without an injunction, the Defendants will not terminate Plaintiffs’ student status again. He granted an order including:

• Motions for preliminary injunction granted
• Defendants shall set aside and refrain from enforcing the April 2025 SEVIS termination determination.
• The defendants shall restore and maintain the Plaintiff’s SEVIS record for the duration of the litigation.
• Defendants must provide plaintiffs with 15 days’ notice of pending termination.

Here is what Judge McShane’s order actually requires from Homeland Security and ICE: