Resist Now Resist Now Built for Action Take Action

ACLU Won. Two MSU Students Can Stay After ICE Visa Revocations.

Resist Now 3 min read
Write or Call Your Rep

Two Montana State University graduate students will keep their legal status in the United States after the ACLU of Montana settled a federal lawsuit this week. The students, both international enrollees, had their status terminated in the federal Student and Exchange Visitor Program database in 2025, effectively revoking their ability to remain in the country.

The ACLU filed suit against ICE and, at the time, Secretary of Homeland Security Kristi Noem. In April 2025, federal Judge Dana Christensen issued an emergency order blocking the U.S. government from deporting either student. The government later reinstated the students and said it had changed its policy.

The Government Tried to Walk Away. The Court Said No.

In December 2025, a government attorney told Judge Christensen the case should be dismissed because the problem was fixed. The ACLU pushed back, arguing the government had already violated its own policies once and the students still needed court-backed protection. Judge Christensen agreed and denied the motion to dismiss in January 2026.

That ruling kept the case alive and led directly to this week’s settlement.

“This settlement ensures that our clients’ legal status in the United States is protected, and permits them to complete advanced degrees in their respective fields.”

Alex Rate, Legal Director, ACLU of Montana, July 2026

What the Settlement Actually Requires

Under the agreement, current Secretary of Homeland Security Markwayne Mullin and Acting ICE Director David Venturella agreed to reinstate both students as “active” in the Student and Exchange Visitor Program database. The settlement also bars the federal government from treating the prior termination as a mark against either student’s record.

ICE retains authority to terminate their records for lawful reasons, such as criminal activity.

One student is now pursuing a doctorate at MSU. The other completed her master’s degree during the period the court injunction was in effect. Alex Rate called the outcome “thrilling” to see in practice.

What You Can Do Now

  1. Contact your senators at (202) 224-3121 and ask them to oppose any legislation that expands ICE’s authority to terminate student visas without due process. Tell them students on valid academic visas deserve a hearing before removal.

  2. Contact your representative at (202) 225-3121 and ask them to protect the Student and Exchange Visitor Program from being used as a deportation tool against students with clean records.

  3. Contact your state attorney general and ask if your state has filed or plans to file legal action protecting international students from unlawful SEVIS terminations. Find your AG at naag.org.

  4. If you are an international student or know one affected by SEVIS termination, contact the ACLU of Montana at aclumontana.org or your campus international student office immediately to document your case.

Sources

Write Your Rep ↓