Bend, OR — A federal judge in Oregon has temporarily blocked the deportation of two international graduate students after their visas were abruptly terminated earlier this month, raising constitutional questions about the government’s immigration enforcement practices.
U.S. District Judge Michael McShane issued a 14-day temporary restraining order on Monday, ordering the federal government to restore the visa status of the students and halt any removal proceedings against them. The ruling came after separate lawsuits were filed by a doctoral student at Oregon State University and a graduate student at the University of Oregon.
During a hearing in Eugene, Judge McShane sharply questioned attorneys for the federal government, particularly regarding the legal basis for terminating the students’ legal status.
“There has to be some regulations for when it’s appropriate and not appropriate,” McShane said, according to reporting by The Oregonian/OregonLive. “What regulation is ICE following here?”
Assistant U.S. Attorney Patrick J. Conti, representing the Department of Homeland Security, responded that officials had not had sufficient time to gather all the relevant information. He also argued that the students had not yet suffered irreparable harm, as a final decision on their immigration status had not been formally issued.
The lawsuits were filed by the American Civil Liberties Union of Oregon and a local immigration law firm, who claimed the visa cancellations occurred “without any notice or meaningful explanation” to either the students or their universities.
The plaintiffs include Aaron Ortega Gonzalez, a 32-year-old doctoral student in rangeland ecology at Oregon State University and a citizen of Mexico, and a 29-year-old British citizen referred to as Jane Doe, who is pursuing two master’s degrees at the University of Oregon.
Attorneys for the students argue the government violated their due process rights by revoking their visas without clear justification or an opportunity to respond.
The Oregon case is part of a growing legal pushback against what immigration advocates say is a pattern of arbitrary visa revocations affecting international students across the U.S. More than 1,000 students have reportedly had their legal status revoked in recent months, often with little or no warning.
Federal judges in several states — including Georgia, New Hampshire, Wisconsin, Montana, and Washington — have issued similar temporary restraining orders in recent weeks, shielding international students from removal while their legal challenges proceed.
The Department of Homeland Security has not publicly commented on the Oregon ruling, and it remains unclear whether the agency will appeal the decision or revise its current practices.
The restraining order issued by Judge McShane is set to remain in effect for 14 days, during which time the court is expected to consider further arguments from both sides.
