COLUMBIA — A federal judge reaffirmed an earlier order protecting an international student at the University of South Carolina from immigration authorities after his legal status in the country was ended, then reinstated, earlier this year. District Judge Jacquelyn D. Austin's June 13 preliminary injunction means the U.S. Department of Homeland Security can't again terminate the international student status of Nigerian doctoral student Matthew Ariwoola, or take other action against him, until his lawsuit against the agency has been decided. Ariwoola, 32, said he was grateful for the order and community support in a statement released by the ACLU of South Carolina, which is representing him in the case. "I believe this will encourage other international students in the same situation to speak up and stand firm for what is right," he said. The chemistry student researcher sued in April after USC officials told him that his online records in the federal system used to manage international students, called SEVIS, had been terminated. That development came amid a nationwide wave of such revocations , which also impacted students at Clemson and Furman universities. Losing that SEVIS record effectively meant Ariwoola lost the legal status that allowed him to be in the United States as an international student, Austin wrote in her order — disagreeing with the government's argument that terminating his records in the online system was separate from terminating his legal status. The judge had already issued a temporary order protecting Ariwoola the same day he filed his lawsuit, and has since extended it three times. About a week after his lawsuit, the federal government reinstated his and other international students' records , telling judges that U.S. Immigration and Customs Enforcement was developing a new policy. Despite that reversal, the case's challenge to the legality of the government's action is continuing. Ariwoola's suit argues that the government's termination of his SEVIS records violated both his Fifth Amendment due process rights and a federal law governing administrative procedures. Austin wrote in her order that his case is "likely to succeed" on the later argument, which is part of the legal basis for issuing a preliminary injunction. The state ACLU applauded the order. “This ruling is an important acknowledgement that the government's unwarranted, arbitrary, and cruel actions against Matthew and others like him violate the law and cannot stand,” Meredith McPhail, a staff attorney, said in a statement. “The district court soundly rejected ICE's argument that the federal government has unbridled authority to revoke, arrest, and deport international students. We live in a nation of laws, and those laws apply to ICE too.” The Department of Homeland Security did not respond to a request for comment June 16. Before it was reversed, Ariwoola had feared deportation after losing his student status, according to legal filings. He hadn't been able to continue his teaching or research work, which was costing him the stipend he uses to pay rent and provide for his family. The reason listed for the records termination in the online system was that he'd been "identified in criminal records check and/or has had their VISA revoked." USC had recommended that he leave the country and speak with an immigration attorney. The school appeared to be trying to help him finish the semester and transfer his credits to another school, according to a screenshot of an email from its International Student and Scholar Support division attached to a legal filing. A university spokesman declined to comment on the ongoing litigation, but said the school has been in contact with Ariwoola. Reach Ian Grenier at 803-968-1951. Follow him on X @IanGrenier1.
CONTINUE READING