Federal judge temporarily blocks Trump administration from canceling visa, deporting international UW-Madison student

A federal judge blocked President Donald Trump’s administration from taking any action against an international University of Wisconsin-Madison student whose visa was terminated, preventing the U.S. government from deporting him or taking any legal action for at least two weeks. 

In a 12-page ruling Tuesday, Judge William Conley issued a temporary restraining order against the Department of Homeland Security (DHS), preventing them from terminating Krish Lal Isserdasani’s visa and imposing consequences, including deportation, until a preliminary hearing on April 28. 

Isserdasani, a 21-year-old UW-Madison undergraduate student from India expecting to graduate in May, was informed his visa was terminated April 4, and Conley contended the lack of due process time to contest the termination was sufficient by itself to establish irreparable harm. 

“Given the amount of Isserdasani’s educational expenses and potential losses from having to leave the United States without obtaining his degree, the court concludes that Isserdasani credibly demonstrates that he faces irreparable harm for which he has no adequate remedy at law in the absence of injunctive relief,” Conley wrote. 

Isserdasani is among 27 current and former UW-Madison students and at least 40 across the UW System who have had their visas terminated in the past month. As of Thursday, more than 600 international students and recent graduates have had their visas revoked or legal status changed across the U.S., and some students have been detained and deported by Immigration Customs and Enforcement (ICE). 

UW-Madison Chancellor Jennifer Mnookin said during an Faculty Senate meeting on April 8 the university only learned about the terminations after the fact.

Visa termination likely came without cause, judge says

Conley’s ruling came after Isserdasani filed a lawsuit against DHS Secretary Kristi Noem and ICE Secretary Todd Lyons for violating his right to due process. Isserdasani, who filed the lawsuit alongside Hamidreza Khademi, a 34-year-old Iranian master’s student at Iowa State University similarly stripped of his visa, argued Noem and Lyon’s basis for terminating their visas were “arbitrary, capricious, and not in accordance with the law.” They argued the termination was also done without any notice or opportunity to be heard.

Isserdasani was informed “out of the blue” his visa was terminated because he was identified in a criminal records check, the lawsuit said. He acknowledged an arrest for disorderly conduct on Nov. 22 when he and his friends engaged in a verbal argument with another group after leaving a bar, though he said he believed it resolved after the district attorney declined to pursue the case.

A non-immigrant visa-holder such as an F-1 international student can have their visa terminated on the grounds of “criminal activity” if they are convicted of a crime with a sentence exceeding one year. Conley said the maximum punishment for a misdemeanor is 90 days, and said Isserdasani had a “substantial, if not overwhelming, likelihood of success” in proving his visa was terminated without cause. 

The lawsuit also focused on irreparable harm — Isserdasani’s authorization to remain in the U.S. ends on May 2, eight days before he would complete his final semester and graduate — and Conley said this and the overwhelming  “psychological impact” of the termination exceeded any harm ICE or DHS received.

“So far, defendants have offered nothing to suggest Isserdasani is undeserving of a degree after years of effort and payment of tuition, much less should be deported from the United States before completing his degree,” Conley wrote.

In a statement, UW-Madison Spokesperson John Lucas didn’t answer when asked if any of the other 15 UW-Madison students who have had their records terminated are close to graduation. Lucas said Isserdasani’s lawsuit was taken independently from the university, though he underlined the importance of international students, faculty and staff.

“We deeply value their presence and are concerned about actions that affect their ability to pursue educational opportunities at UW-Madison without a chance for those who may be impacted to address concerns related to their status,” Lucas said.

While Conley reserved judgement on Khademi’s case, questioning whether it was filed in the right court, he scheduled a preliminary injunction hearing on April 28 and asked both parties to file additional briefs by April 16. He said the court “concludes that all relevant factors favor [the] plaintiff” and added it was in the public interest that UW-Madison students obtain the degrees they worked and paid for.

---