What If DHS Revoked a University’s SEVP Certification? A Hypothetical Case with Real Implications
Imagine this: A major U.S. university suddenly receives notice from the Department of Homeland Security (DHS) that it is no longer certified under the Student and Exchange Visitor Program (SEVP). The agency claims the revocation is due to campus safety concerns, allegations of antisemitism, and unsubstantiated ties to a foreign government. More pointedly, DHS alleges the university failed to provide certain student records. Within 24 hours, thousands of international students enrolled at the university are at risk of losing their legal visa status.
This is a hypothetical scenario—but one rooted in legal and procedural realities that every SEVP-certified institution should be paying attention to.
In such a situation, a university would likely file a lawsuit immediately, asserting that the decertification violated its rights under the Administrative Procedure Act (APA) and due process protections under the U.S. Constitution. The lawsuit might argue that DHS failed to follow its own procedures, offered no clear explanation for its decision, and gave the institution no meaningful opportunity to respond or appeal.
To prevent immediate harm to students and the institution, the university would probably request a temporary restraining order (TRO). This type of court order halts agency action temporarily while the court considers the legal merits. Judges evaluating TROs weigh factors like the likelihood of success on the merits, the risk of irreparable harm, and whether the public interest is served by pausing the enforcement action.
If granted, a TRO would restore the university’s SEVP certification for the time being, giving students temporary assurance while the legal battle unfolds.
Why does this matter, even if it’s hypothetical?
Because it reflects real pressures and real risks. U.S. universities are increasingly under scrutiny when it comes to international student enrollment, data reporting, and national security concerns. An institution’s SEVP certification is its legal lifeline to enroll international students—and losing it can be devastating not just to the school, but to thousands of students and their families.
What Is SEVP Certification, and Why Is It So Critical?
SEVP, overseen by U.S. Immigration and Customs Enforcement (ICE), allows certified institutions to enroll noncitizens in academic or vocational programs. Only SEVP-certified schools can issue the Form I-20, which students need to apply for an F-1 or M-1 visa. If a school loses its certification, it can’t legally support students’ immigration status—and students must quickly find a new school or face losing their ability to remain in the U.S.
Legal Grounds for Challenging SEVP Revocation
In this hypothetical, the university’s case would hinge on the Administrative Procedure Act. Agencies like DHS are required to act in ways that are not “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” The university could also raise constitutional claims, such as denial of due process if there was no opportunity to be heard before losing certification.
What Schools Should Be Doing Now
While this case is imagined, the risk is not. Schools should take proactive steps to minimize the likelihood of enforcement action:
Ensure all SEVP compliance protocols are current and documented.
Maintain accurate and timely student records.
Respond thoroughly and transparently to DHS data requests.
Prepare internal response plans in case of audits or adverse action.
What Students and Families Should Know
International students often have no warning when policy shifts occur. If you rely on a university’s certification to maintain your immigration status, understanding your rights and having a legal plan in place is essential. Visa status can be revoked quickly, but there may be options for transfer, reinstatement, or challenge.
If You’re Facing a Compliance Concern, You Don’t Have to Navigate It Alone
At Zachary W. Anderson Law, we help institutions, students, and families navigate the complex terrain of immigration law—including SEVP compliance, visa issues, and legal challenges to DHS enforcement actions. Whether you’re responding to an information request, facing an unexpected status change, or trying to stay compliant as a school or sponsor, we’re here to help.
This hypothetical is just that—a scenario. But the systems it touches are real, and they require real preparation and real support. Contact me at 402-259-0059 or zach@zandersonlaw.com.