Visa and immigration policy: The statutory and administrative basis for student deportation threats
Secretary of State Marco Rubio in March 2025.
Official State Department photo by Freddie Everett.
State Department has broad authority to revoke visas
A student visa, typically an F-1, permits the visa holder to enter the US through a port of entry in order to engage in studies. The State Department does have a broad statutory authority to revoke visas under 8 USC 1201(i), which states that a consular officer or the secretary of state may revoke a visa “at any time, in his discretion.”1 This discretion is typically guided by the department’s regulations and Foreign Affairs Manual, which explains in 9 FAM 403.11-5(B) that the department may make a “prudential revocation” based on “derogatory information” received “directly from another US Government agency, including a member of the intelligence or law enforcement community.”2
If a visa is revoked, that does not mean the visa holder loses their legal status—only that they are no longer allowed to re-enter the country if they leave. However, 8 USC 1227(a)(1)(B) states that anyone whose visa has been revoked is “deportable,” meaning the federal government could initiate a process to deport.3 It does not mean that they are obligated to leave on their own or that the government will automatically seek to deport them. There is also recourse for affected foreign nationals. Should the government seek to deport someone solely because their visa has been revoked, 8 USC 1201(i) permits them to challenge the revocation at a removal proceeding in immigration court. In fact, this is the only circumstance in which a visa revocation actually can be subjected to judicial review.4
DHS has narrower authority to terminate SEVIS status
There are certain conditions, though, that do obligate student visa holders to leave the country, revolving around the completion of, or their failure to maintain, their “status” as a student. A student’s SEVIS record is an affirmation of their academic progress in the US that is typically updated by their academic institution. If they cease to be a student, they are no longer maintaining their status and their institution would “terminate” (i.e., close out) their SEVIS record. (Note: Contrary to some reporting, referring to a record as “terminated” should not be taken to imply it was deleted from SEVIS.)
DHS may also unilaterally terminate a SEVIS record under certain defined circumstances, which are legally considered a failure of the student to maintain status. Notably, 8 CFR 214.1(g) states that one such circumstance is conviction of a “crime of violence for which a sentence of more than one year imprisonment may be imposed.”5 Revocation of a visa is not one of these circumstances.
Under 8 CFR 214.2(f)(5)(iv), a student who has failed to maintain their status must either leave the country promptly or seek to have their status restored.6 As such, SEVIS record termination has generally been used as a shorthand to indicate a loss of status, though whether they are truly equivalent was a matter of some dispute during litigation over the terminations of March and April 2025.
References
- 8 USC 1201(i) “After the issuance of a visa or other documentation to any alien, the consular officer or the Secretary of State may at any time, in his discretion, revoke such visa or other documentation. Notice of such revocation shall be communicated to the Attorney General, and such revocation shall invalidate the visa or other documentation from the date of issuance...”
- 9 FAM 403.11-5(B) "...the Department may revoke a visa when it receives derogatory information directly from another U.S. Government agency, including a member of the intelligence or law enforcement community. These requests are reviewed by CA/VO/SAC/RC, which forwards an electronic memo requesting revocation to a duly authorized official in the Visa Office, along with a summary of the available intelligence and/or background information and any other relevant documentation.”
- 8 USC 1227(a)(1)(B) “Any alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 1201(i) of this title, is deportable.”
- 8 USC 1201(i) “There shall be no means of judicial review (including review pursuant to section 2241 of title 28 or any other habeas corpus provision, and sections 1361 and 1651 of such title) of a revocation under this subsection, except in the context of a removal proceeding if such revocation provides the sole ground for removal under section 1227(a)(1)(B) of this title.”
- 8 CFR 214.1(g) “A condition of a nonimmigrant’s admission and continued stay in the United States is obedience to all laws of United States jurisdictions which prohibit the commission of crimes of violence and for which a sentence of more than one year imprisonment may be imposed. A nonimmigrant’s conviction in a jurisdiction in the United States for a crime of violence for which a sentence of more than one year imprisonment may be imposed (regardless of whether such sentence is in fact imposed) constitutes a failure to maintain status under section 241(a)(1)(C)(i) of the Act.”
- 8 CFR 214.2(f)(5)(iv) “Preparation for departure. An F-1 student who has completed a course of study and any authorized practical training following completion of studies will be allowed an additional 60-day period to prepare for departure from the United States or to transfer in accordance with paragraph (f)(8) of this section. An F-1 student authorized by the DSO to withdraw from classes will be allowed a 15-day period for departure from the United States. However, an F-1 student who fails to maintain a full course of study without the approval of the DSO or otherwise fails to maintain status is not eligible for an additional period for departure.”
Cite this resource
AIP Policy Research, “The statutory and administrative basis for student deportation threats,” Visa and immigration policy guide, American Institute of Physics, 2026, https://www.aip.org/research/visa-immigration/statutory-administrative.
Last updated
March 4, 2026