Posts tagged “Section 221(i)”

The Trump Administration has revoked more than 175,000 U.S. visas, according to the State Department, with most revocations reportedly involving criminal conduct, immigration violations, fraud, or national-security concerns. But an increasingly important category involves people whose visas have been revoked because of political statements, political views, social-media activity, or associations with individuals considered problematic by US government officials. This visa revocation net has been cast far and wide, even encompassing political figures in Mexico and Brazil.  

A visa revocation, however, is not the same thing as a finding of inadmissibility. Under Section  221(i) of the Immigration and Nationality Act, the Secretary of State or a consular officer has broad authority to revoke a visa after it has been issued. But when the individual later applies for a new visa, the government still must apply the relevant provisions of the law. For example, if the person has not committed a crime covered by Section 212(a)(2); has no applicable security or terrorism ground under Section 212(a)(3); has not committed fraud or a material misrepresentation under Section 212(a)(6)(C)(i); and has no other applicable ground of inadmissibility, there may be no substantive basis to find the person inadmissible simply because of political views or an association with another person. Political activity can implicate particular provisions of Section 212(a)(3) in some circumstances, but there is no general rule making someone inadmissible merely because that person criticized President Trump or knew someone the administration considers undesirable.

In the good old days – prior to January 20, 2025 – visa revocation was not the end of the world for a student if he or she was in the US at the time of receiving the notification. As long as the student remained in the US, he or she was able to continue with the academic program. Yes, the email from the consulate notifying the student of the revocation was very unpleasant, but the revocation only took effect upon departure from the US. And so thousands of students, including those who had been impacted by the AzTech/ Integra/ Wireclass/ Findream/ Sinocontech/ Acuity OPT scandal, were able to continue their studies. Not anymore.

Over this past week, the Trump Administration has not only notified certain foreign students that their visas have been revoked, but terminated their SEVIS registration – in essence, ending their current ability to study in the US. The reasons run the gamut: political speech, speeding tickets, domestic disputes, arrest, driving without insurance. The Administration has been using a variety of tracking mechanisms, including social media and databases containing fingerprints, to identify these student visa holders.