ICE在未告知学生或大学的情况下吊销学生的移民身份
ICE Revoking Students' Immigration Statuses Without Their or the Uni's Knowledge

原始链接: https://zeteo.com/p/ice-manually-revoking-university-students-residency-status-middle-east

一份Zeteo的报告揭露,特朗普政府涉嫌利用一条鲜少使用的“危害外交政策”的移民条款,将主要来自中东和穆斯林占多数国家的外国学生作为驱逐出境的目标。大学官员报告说,ICE正在手动撤销学生在SEVIS数据库中的移民身份,而没有事先告知或进行适当的通知,绕过了通常的大学监督程序。 据报道,在马可·卢比奥领导下的国务院正在使用《移民和国籍法》第237条,声称这些学生的存在会造成“潜在的严重不利外交政策后果”,这与被拘留的学生马哈茂德·哈利勒的案例如出一辙。学生们的签证根据第221(i)条被撤销。 大学官员对此表示震惊,称SEVIS数据库中的取消是由政府进行的,学校没有收到任何通知。国务院为其撤销签证的广泛权力进行了辩护,但承认并非总是能够切实可行地通知个人。Zeteo审查的案例主要涉及州立大学的学生。

Hacker News 上的一个帖子讨论了一篇被标记的文章,该文章称ICE在未通知学生或大学的情况下吊销了学生的移民身份,这引发了人们对美国吸引全球人才及其经济未来的担忧。 评论员们担心美国吸引人才的“不公平优势”正在被削弱,如果美国削弱TRIPS等国际贸易协定,依赖知识产权保护的产业可能会受到损害。一些人认为,将机构武器化用于政治目的是一种令人不安的趋势,这与专制政权的做法类似。人们担心,美国未能坚持既定的价值观,其新闻自由也开始失效。 其他人则强调了签证和学生“身份”之间的技术差异,另一些人则呼吁采取行动反对这些被认为是不公正的行为,并反思国家的未来。关于是否应该因为支持某些政治观点(例如支持恐怖分子)而驱逐出境,存在争议。最后,一些人表示愿意让其他国家欢迎美国可能失去的人才。

原文

In a developing story, it appears the Trump administration is quietly targeting even more students for deportation and doing so in a way that is taking universities and the students themselves completely by surprise.

According to documentation seen by Zeteo and interviews with university officials, the administration is deploying the rarely-used risk-to-foreign-policy immigration provision they used to detain Mahmoud Khalil to now target students across the country.

University officials say that targeted students hail from the Middle East and Muslim-majority countries. They’ve also reported inconsistent notification patterns: some students have been informed about the revocations by the government, some have not; some only found out after officials manually checked internal visa status databases – while universities and officials themselves have mostly seemed to not be informed by the government.

The Immigration and Customs Enforcement (ICE) appears to be manually revoking students’ immigration status – an authority typically left to university staff. And some students and universities are not even being made aware of those revocations – setting students up to be taken by immigration agents without even knowing it was coming.

Three university officials, who were given anonymity so they could speak freely, across the country report that, in recent days, student residency statuses in the Student and Exchange Visitor Information System – SEVIS, a database where residency statuses of foreign students are managed – are being changed without their knowledge.

Samah Sisay of the Center for Constitutional Rights told Zeteo that one’s visa being revoked does not mean that their status would be too. Unlike student visas – which are entry documents that allow someone to enter the country – student statuses are what allow people to stay in the US. To maintain one’s status, a student has to fulfill certain requirements, like being properly enrolled in classes, keeping documents up to date, and following work restrictions.

A student’s visa could expire or be revoked for any number of reasons, but that wouldn’t necessarily mean their status to stay would be taken away, too. Some of these statuses, which are typically overseen by university officers, are now allegedly being unilaterally revoked by ICE instead. While university officers often oversee status in the SEVIS system, Sisay said that DHS can technically revoke status without a university actively disenrolling a student.

Still, the practice is alarming students and university staff across the country. As one official put it, “Someone at ICE pushed a button, and now [students] are ‘illegal’ through a process that absolutely should not be happening.”

According to documentation seen by Zeteo and university officials across the country, the unusual termination of students’ statuses has occurred just in recent days, as Secretary of State Marco Rubio has announced that the State Department has revoked at least 300 visas.

The reason? The same little-used rationale the State Department used to detain and attempt to deport Mahmoud Khalil, and an increasing string of students since then: A provision of Section 237 of the Immigration and Nationality Act — targeting students on the basis that their presence would have "potentially serious adverse foreign policy consequences" for the US.

In one case, a student was reportedly notified by the US that their visa was revoked per Section 221(i) of the act – which enables the Secretary of State to revoke visas per their “discretion” – and then that their status was terminated by Section 237.

In multiple cases, the US cited both the foreign policy provision and another portion of Section 237 to assert that the student was "otherwise failing to maintain their status.”

This appears to be what happened to Tufts University graduate student Rumeysa Ozturk, who was detained by masked immigration authorities on Tuesday.

Some university officials are discovering these by sheer accident, encountering the changes as they look through the SEVIS database.

A State Department spokesperson told Zeteo that the department “has broad authority to revoke visas under Section 221(i) of the Immigration and Nationality Act (INA),” and that they “exercise that authority when information comes to light indicating that a visa holder may be no longer be eligible for a visa.”

“Generally, the Department is not required to notify an individual of a visa revocation but does so when the Department determines it is practicable,” the spokesperson continued, adding that “the number of revocations is dynamic.”

DHS and the White House did not respond to Zeteo's requests for comment.

While much of the discourse surrounding college campuses has revolved around Ivy League colleges, virtually all the cases Zeteo reviewed occurred at state schools across the country.

As with several of the recent high-profile cases involving individuals whisked off the street, it’s unclear what actual grounds have justified the revocation. One university official told Zeteo that a student from the Middle East whose status was revoked said they had not attended protests or had social media posts that might have triggered the move (recall, Rubio’s State Department is reportedly using artificial intelligence to monitor social media and revoke student visas).

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As one university official described the dynamic between student visas and student statuses: “What we appear to be seeing now is that there's no difference, there's no daylight between the two; that there are cancellations happening in SEVIS by the government; we don't really know if all students are getting notified or if some are getting notified…the schools are not getting notified.”

“We’ve really…never seen something like this, where it is so directly tied together,” they added.

*** If you are a student affected by this, or have relevant information about these developments, please contact me via email or Signal (premthakker.35).

Prem Thakker is Zeteo’s political reporter. Send tips via email or Signal (premthakker.35).

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