(Main photo courtesy of the University of Iowa; form courtesy of the U.S. Department of Homeland Security)
Citing staff shortages and a significant number of similar deportation cases nationwide, lawyers for the U.S. Department of Homeland Security have been granted more time to respond to a lawsuit brought by Iowa students who fear they性视界传媒檝e been targeted for deportation.
The three University of Iowa international students and one UI international-student graduate are聽 for having revoked their status as students 性视界传媒 a step they fear could lead to them being detained and deported.
U.S. District Court Judge Rebecca Goodgame Ebinger initially issued a short-term temporary restraining order barring Homeland Security from deporting the four, and later, on May 15, that is intended to last while the plaintiffs性视界传媒 underlying case against the government is being litigated.
According to the lawsuit, each of the plaintiffs was admitted to the United States on an F-1 student visa. The students claim Homeland Security has violated their due process rights by terminating their student status without legal justification or explanation.
Named as defendants in the case are Secretary of Homeland Security Kristi Noem, and the U.S. Department of Homeland Security, of which Immigration and Customs Enforcement, or ICE, is a part. Also named as a defendant is Acting Director of ICE Todd Lyons.
Since the injunction was issued on May 15, there has been little activity in the case, with Homeland Security still having filed no formal answer to the students性视界传媒 original petition, which was filed April 21.
Recently, lawyers for Homeland Security asked for, and received, a 60-day extension of time to either file an answer or a motion to dismiss the case.
As justification, they say 性视界传媒渢he small civil division for the U.S. Attorney性视界传媒檚 Office has recently been experiencing significant staffing shortages,性视界传媒 and the issues raised in the UI case have been the focus of 性视界传媒渟ignificant litigation around the country,性视界传媒 resulting in a need for additional time is needed to coordinate any response to the lawsuit with others inside the U.S. Department of Justice.
Also, the government性视界传媒檚 lawyers say, the lead counsel for Homeland Security and ICE 性视界传媒渨ill be departing federal service within the next few weeks,性视界传媒 which means the new lead counsel and their team will need more time to familiarize themselves with the case.
The government性视界传媒檚 lawyers now have until Aug. 21, 2025, to respond to the students性视界传媒 lawsuit.
Judge expressed 性视界传媒榣ittle confidence性视界传媒 in Homeland Security
In , Judge Ebinger rejected Homeland Security性视界传媒檚 claim that its actions were not arbitrary and capricious 性视界传媒 the standard for reversing administrative action, which is what the four UI plaintiffs seek as part of their lawsuit.
The judge noted there was 性视界传媒渘o suggestion性视界传媒 made by anyone that the four plaintiffs met Homeland Security性视界传媒檚 own standards for revoking student status, such as conveying falsehoods to Homeland Security, engaging in unauthorized employment, committing a serious crime or failing to engage in educational studies.
In deciding to issue the injunction, Ebinger also stated that she had 性视界传媒渓ittle confidence性视界传媒 that going forward, Homeland Security and ICE would comply with the law and 性视界传媒渁ct consistently with pertinent regulatory factors.性视界传媒
In a statement that underscores the difficulty lawyers for Homeland Security are likely to face as the underlying case moves forward, Ebinger stated in her decision that 性视界传媒渋mposing immediate negative consequences on persons while disregarding governing law and regulations is arbitrary and capricious.性视界传媒 The four UI plaintiffs, she said, 性视界传媒渉ave demonstrated a strong likelihood of success on the merits性视界传媒 of their case.
The injunction bars Noem, Homeland Security and ICE from initiating or ordering the arrest, detention, or transfer of the four plaintiffs 性视界传媒 Prasoon Kumar, Songli Cai, Haoran Yang, and Sri Chaitanya Krishna Akondy 性视界传媒 out of the court性视界传媒檚 jurisdiction without first providing adequate notice to the court so the plaintiffs性视界传媒 counsel can contest any such action.
