Indian Ph.D. candidate faced possible removal from U.S.; sued Homeland Security Secretary Kristi Noem
RAPID CITY, S.D. – A federal judge Friday afternoon issued a temporary restraining order blocking the U.S. Department of Homeland security from removing a foreign graduate student at South Dakota School of Mines.
Judge Karen Schreier also ordered that actions the government took earlier this month against Priya Saxena be reversed. Those included revoking her F-1 student visa and reinstating her student status in a federal database that monitors foreign exchange students in the United States.
“Defendants are also temporarily enjoined from interfering with Saxena’s freedom and from transferring Saxena out of the jurisdiction of the District of South Dakota during these proceedings,” Schreier ordered.
On April 7, the Consular Information Unit in the U.S. Embassy in New Delhi wrote Saxena that, quote, ”based on additional information that became available after the visa was issued,” it was revoked and her Student and Exchange Visitor Information System, or SEVIS record, was terminated meaning she was no longer a student at the the School of Mines.
That “additional information” mentioned was a 2021 criminal conviction for failing to stop for an emergency vehicle, which is a class two misdemeanor, and her only criminal record. However, the government alleged Saxena was actually detained for a DUI charge, which made her a “public safety threat”. The government argued that since she did not disclose this detention, she was eligible to have her visa revoked. Her attorney disputes that fact.
Attorney Jim Leach told KOTA, “She was picked up on suspicion of DUI back in 2021. When the blood was tested, she had a lawful level of alcohol in her blood. The state never proceeded on the DUI charges, they were dismissed she pleaded to a traffic violation.”
In court yesterday, Saxena’s legal team requested a temporary restraining order to stop the Department of Homeland Security and Secretary Noem from taking any immediate action, such as deportation against her, and it was granted by Judge Karen Schreier.
“The judge agreed with us and granted a temporary restraining order, and the judge ruled based on our showing today that the government was proceeding unlawfully and in violation of due process of law,” Leach said.
As a result of this restraining order, Saxena’s SEVIS record was reinstated and she will be allowed to attend school and graduate at next month’s ceremony. Leach added this decision helps hold the government accountable in following the law and stemmed a potential abuse of power.
