Amanda Gennerman on Student Visa Revocations in Wisconsin

Frederica Freyberg:
One day they’re going to class, the next they’re being told to leave the country immediately. More than 50 international university students in Wisconsin have had their student visas revoked this week, half of them at UW-Madison but also at system campuses across the state, at Concordia University and Marquette, according to university officials. UW-Madison says it played no role in the visa terminations and know of no ICE activity on campus. Further, university officials say they don’t believe the revoked visas relate to political activity. So what is going on? We turn to Madison immigration attorney Amanda Gennerman with the Pines Bach law firm. And thanks very much for being here.

Amanda Gennerman:
You’re very welcome. Thank you for asking me to be here today.

Frederica Freyberg:
So I understand you’ve been contacted by some of these people. But as to that question, what is going on? Do you know?

Amanda Gennerman:
It’s a great question. These are one of these things that we have been experiencing in the last 90 days, that every day feels like a new day, right? There are constant changes happening. And this being the latest of that experience for foreign nationals in our communities.

Frederica Freyberg:
Is that how it works that they get notice of termination by the U.S. government, and then they have to leave the country immediately?

Amanda Gennerman:
So student visas are its own unique world, and there are systems in place that notify a student if they seem to not hold that status anymore. And usually it’s through the university DSO, a designated student officer, who notifies the student or has a conversation and says there’s an issue here. This is not how this unfolded for these 40 to 50 students. It was an email in their box with this notification, no real explanation. So yes and no to that answer.

Frederica Freyberg:
What happens if the students do not, in fact, leave immediately? Do they run the risk of being picked up by ICE?

Amanda Gennerman:
I think that this is definitely an act of enforcement. And should people not remove themselves or seek other relief to remain in the United States, or try to establish that status back in place, that ICE could take that action, come to take them and start the removal proceedings.

Frederica Freyberg:
So how urgently are advocates like yourself kind of responding to this?

Amanda Gennerman:
So here locally within the Madison and state of Wisconsin, a group of attorneys as of this week were talking about how do we respond? What are the things we can do? Who do we know at the university? How do we get resources out? So yes, it’s a small but mighty group, but we are here to assist students.

Frederica Freyberg:
Has any information been forthcoming from the university or from federal immigration officials?

Amanda Gennerman:
No, the answer is no. Nobody is really providing the information. And that’s what the problem is. You — there is supposed to be a system here. There’s supposed to be a due process opportunity for students to explore what are the issues? But it’s being very, very — it’s very vague.

Frederica Freyberg:
How broad are the reasons that result in termination of a student visa and removal from the U.S.?

Amanda Gennerman:
So two different answers to that question. Terminating a status for a student is under a system that we call SEVIS. And there’s a check down box and there’s 3 to 4 — if you fail to maintain your full caseload, if you do have contact with law enforcement, it could be it could be looked at. So it’s primarily due to participating in school, which is what you are here to do on an F visa. And so when these things happen, what these students seem to be noticing in their boxes of why they’re being terminated is that it’s for unknown — for other failing to maintain status. And that’s it.

Frederica Freyberg:
But they don’t know. And the university says that it does not appear that these terminations have anything to do with political activity.

Amanda Gennerman:
From what we’re seeing right now and again, there are very — I have not had access to a majority of these individuals. That does not seem to be the box that is ticked.

Frederica Freyberg:
So are these students who are terminated, their status terminated, and their visas revoked, presumably as a result of that, are they able to have hearings?

Amanda Gennerman:
That is what we’re seeing this litigation action trying to get these students back to having those conversations to say, why was this terminated? What is the grounds for that? And was it valid?

Frederica Freyberg:
From your interactions with these students and other lawyers that you’re talking with, are they looking over their shoulder? Are they in hiding? What are they doing?

Amanda Gennerman:
I think our communities are in crisis right now. I think that people are very afraid when we’re watching people in Boston being taken off the street and half masked officers. I don’t know how you don’t look over your shoulder and how you don’t worry about what’s coming next. Or am I supposed to be here or am I not? So I do believe that the community is very much afraid for all of those reasons. Rightfully so.

Frederica Freyberg:
All right, Amanda Gennerman, we’ll leave it there. Thanks very much.

Amanda Gennerman:
Thank you.