Missoula Federal Court Judge Dana Christensen has granted an emergency restraining order, allowing two MSU graduate students to remain the the country pending the outcome of a lawsuit filed by the Montana ACLU. The suit named Homeland Secretary Kristi Noem and ICE, who not only revoked the students’ F-1 visas, but actually terminated their F-1 status without giving a reason.
The students, still unidentified, plan to graduate in 2025; one is a Doctoral candidate in electrical engineering and the other is working on a Masters degree in microbiology.
The F-1 visa is for full-time students, who have no intention of becoming U.S. citizens. They are international students who are here only for the education. At MSU, it’s estimated that 400 students from 64 countries have F-1 visas. At the University of Montana, 145 students have F-1 visas and another 29 have J-1 visas from 50 different countries.
Judge Christensen set a hearing for Tuesday, April 29th in Missoula, ordering the federal government to respond by then. In his restraining order, Christensen states, “The court finds that the plaintiffs are likely succeed on the allegation that (Homeland Security’s) termination of (their) F-1 student status is arbitrary and capricious, an abuse of discretion, contrary to constitutional right, contrary to law, and in excess of statutory jurisdiction.”
