The American Civil Liberties Union of West Virginia has filed a federal lawsuit against Trump administration officials after a Marshall University graduate student’s visa was “unlawfully revoked.”

Earlier this month, Marshall University was notified regarding the student, identified as S.V. in an ACLU-WV news release, and the revocation of his visa one month prior to his graduation date. 

ACLU-WV took to social media to announce their plans to fight this revocation on account of the student. 

“We just filed a federal lawsuit on the student’s behalf,” the post reads. “We’ll see the Trump administration in court.” 

This revocation, or loss of legal status, was prompted by the Trump administration’s intensified immigration enforcement and broader efforts to restrict immigration. 

S.V. said in the news release that an email stating his F-1 visa was being revoked came as a shock for several reasons, but most notably that the action was taken as he was “identified in a criminal records check.” 

Prior to his current F-1 visa in 2020, S.V. was charged with a nonviolent misdemeanor traffic violation of operating under the influence in Indiana. He was sentenced to probation, getting off early as a result of good behavior, compliance and the recommendation of his probation officer, the news release said. 

ACLU-WV legal director Aubrey Sparks said S.V. being identified in a criminal record check does not in itself constitute lawful termination of his visa under federal regulations. 

“Our client was not convicted of a crime of violence, nor was he convicted of a crime for which the potential sentence is more than one year,” Sparks said in the release. “Meaning, that he categorically is not subject to termination of his F-1 status on those grounds.” 

S.V. left the United States after the termination of his probation and returned in 2023 to study at Marshall under a new student visa, in which he disclosed in the reapplication process, according to ACLU-WV. S.V. satisfied all the requirements and was permitted to re-enter the United States under the new student visa. 

Upon learning of his visa revocation, S.V. said he was in the midst of applying for post-graduate employment, a development that significantly uprooted his future trajectory. 

“I desperately want to complete my graduate degree and pursue work in the United States,” he said in the release. “It is clear this wasn’t a decision based on my circumstance or experience; this was a predetermined outcome, and they just said whatever needed to be said to justify it, even when it didn’t apply to me.” 

The lawsuit was filed by ACLU-WV on Friday, April 18, in the United States District Court for the Southern District of West Virginia, Huntington Division. 

The complaint features Kristi Noem, secretary of the United States Department of Homeland Security, Todd Lyons, acting director of United States Customs and Immigration Enforcement, and Pamela Bondi, attorney general of the United States. 

“The actions of the Defendants have no basis in law, are divorced from fact and represent an unlawful overreach by the government that is both immoral and unconstitutional,” the complaint states. 

ACLU-WV Executive Director Eli Baumwell said in the release the Trump administration is launching a series of illegitimate violations of immigrants. 

“Unfortunately, it has become increasingly clear that the Trump administration is simply taking the law into its own hands in its crusade against noncitizens,” Baumwell said. “Never before has a president taken such sweeping actions to revoke student visas, and that’s why we need the courts to step in and protect their rights to due process under the Constitution.” 

Student visas have been revoked across the country and in the state of West Virginia, with nine confirmed student visa revocations at West Virginia University, according to Shauna Johnson, director of news communications for WVU. 

With over 1,000 student visa terminations at 160 colleges according to an Associated Press review of university statements across the nation, government officials have yet to detail the reasons behind these revocations. 

As for Marshall University, Leah Payne, director of university communications, said the university remains unaware of the lawsuit. 

“The university has not seen the lawsuit, and to our knowledge, it does not involve Marshall University as a party,” Payne said. “We will have no further comment at this time.”

UPDATE 4/25:

A federal judge has filed a temporary restraining order allowing S.V. to remain in the country.

U.S. District Judge Robert Chambers’ order reads, “Plaintiff requests a temporary restraining order against Defendants,” referring to Noem, Lyons and Bondi.

According to the order, S.V.’s preliminary injunction hearing will be the morning of Wednesday, May 7 in Huntington, WV. His intended graduation date will follow on Saturday, May 10.

UPDATE 4/25:

International students across the United States are having their legal statuses restored, due to the Trump administration backing down, ACLU-WV said.

This includes S.V. and students at WVU.

Kaitlyn Fleming can be contacted at [email protected].