The ACLU of Montana reached a settlement to restore the F-1 status of two Montana State University students whose records were terminated in 2025 without due process. The settlement requires the government to expunge the erroneous ‘Student Criminal Alien Initiative’ flags from their files. This resolution follows a federal court’s finding that the government’s automated actions were likely arbitrary, ensuring the students can complete their advanced degrees.
- ACLU of Montana secured a final settlement for two MSU students facing arbitrary deportation actions.
- The agreement restores F-1 status and expunges erroneous criminal flags from the students’ permanent files.
- A federal judge ruled the government’s automated visa terminations were likely arbitrary and capricious actions.
The ACLU of Montana announced a final settlement Thursday with the federal government over the attempted deportation of two international graduate students at Montana State University whose legal status was terminated without notice in 2025.
The agreement resolves Roe v. Noem, Case No. 2:25-cv-00040-DLC. A federal court refused to dismiss the lawsuit on January 26, 2026, and approved the settlement in July 2026.
The students received an email on April 10, 2025, saying their Student and Exchange Visitor Information System records had been terminated because they were “identified in a criminal records check.” Neither student had a criminal conviction or immigration violation.
They were told to leave the United States immediately or face arrest and deportation.
Akilah Deernose, executive director of the ACLU of Montana, said the agreement gives the students long-term certainty after months of fear.
“The court made it clear that the government cannot unilaterally circumvent the law and punish students who have followed all the rules by stripping them of their legal status. This settlement provides the long-term certainty our clients deserve after months of living in fear.”
The agreement restores F-1 status and expunges the termination
The settlement requires the full restoration of F-1 status for both plaintiffs. It also requires officials to expunge the Student Criminal Alien Initiative termination from their permanent immigration files.
The agreement includes payment of legal fees and costs to the ACLU. Exact monetary damages are often kept confidential in federal settlements of this type.
The two students faced immediate academic and personal consequences when their records were terminated. They were barred from attending classes and lost their graduate research assistantships and health insurance.
“John Roe,” an Iranian citizen, had studied at Montana State University since 2016. He is a PhD candidate in electrical engineering and physics and is expected to complete his doctorate within the next 12 months.
“Jane Doe,” a Turkish citizen, had attended the university since 2014. She is a Master’s student in microbiology who completed her degree under the protection of the court’s injunction and is currently working under the Optional Practical Training program.
The lawsuit challenged automated SEVIS actions
The terminations came through the Student Criminal Alien Initiative, a federal operation launched in March 2025. It used automated criminal record checks to terminate Student and Exchange Visitor Information System records.
The ACLU argued that the government violated the Due Process Clause of the U.S. Constitution and the Administrative Procedure Act. The organization said officials gave the students neither notice nor a meaningful opportunity to respond before terminating their legal status.
Federal Judge Dana Christensen granted a preliminary injunction on May 13, 2025. She ruled that the government’s actions were likely “arbitrary and capricious.”
Jesse Laslovich, U.S. Attorney for the District of Montana, represented the federal defendants. His office argued in late 2025 that the government had “fixed the problem” by manually reinstating the students’ records.
The students continued the lawsuit to guard against future arbitrary terminations. The final agreement now ends the specific litigation involving the two graduate students.
Similar visa actions reached students across 40 states
At the time of the lawsuit, reports indicated that more than 1,000 international students across 40 states had their visas revoked under similar circumstances.
Kristi Noem, Secretary of the Department of Homeland Security, was the primary named defendant. Todd Lyons, Former Acting Director of U.S. Immigration and Customs Enforcement, was also named as a defendant in his official capacity.
Lyons stepped down from his role in May 2026 amid multiple lawsuits and a 96-count contempt citation from a federal judge in Minnesota involving similar due process violations.
The case arose after the students’ records were flagged through the federal initiative, despite the absence of criminal convictions or immigration violations. Their injunction allowed Jane Doe to finish her Master’s degree, while John Roe remains on track to complete his PhD within the next 12 months.
The settlement’s restoration of F-1 status leaves both students with their immigration records corrected as they continue their academic and work timelines. Jane Doe is working under OPT, and John Roe is expected to finish his doctorate within the next 12 months.
This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.
