A University of Minnesota geography student from China sued Immigration and Customs Enforcement on Monday, claiming his legal student status was unlawfully terminated over a handful of speeding and parking tickets.
Ziliang Jin, who is studying for a master’s degree in geographic information science and cartography, received an email from the university on April 8 notifying him that ICE had “unilaterally terminated” his record in the Student and Exchange Visitor Information System (SEVIS). This is the system that governs whether international students are maintaining legal status.
Jin is one of dozens of international students in Minnesota whose legal status has been abruptly terminated in recent weeks and the third to file a lawsuit. The other two students to sue — Doğukan Günaydın at the University of Minnesota and Rattanand Ratsantiboon at Metro State University — both had gross misdemeanor drunk-driving convictions. Jin’s traffic violations are all petty misdemeanors.
“Mr. Jin is a flourishing student with a bright future. The government is trying to remove him because he has not learned how to park a car in the winter in Minnesota and a speeding ticket,” said David Wilson, a lawyer for Jin. “There is clear disconnect between what the law allows and what the government is doing. We will continue to litigate these cases until the government stops trying to deport students by keystroke.”
ICE and the Department of Homeland Security did not respond to requests for comment.
According to the lawsuit, ICE did not notify either Jin or the University of Minnesota that it had terminated Jin’s status. The university learned his status had been terminated when officials logged into the SEVIS account. They told Jin that ICE had listed as the reason: “Student identified in criminal records check.”
A review of Minnesota criminal records reveals that Jin has four convictions for minor traffic violations: two convictions for “abandoned motor vehicle,” one for parking where temporary “no parking” signs were posted, and a speeding ticket for driving 80 miles an hour where the speed limit was 60. All four infractions are petty misdemeanors. According to the lawsuit, Jin also received a citation in Wisconsin for driving with a suspended license, but that citation was dismissed.
“Plaintiff has never been charged, let alone, convicted of a crime/offense beyond minor traffic-related petty misdemeanors,” reads the lawsuit. “He promptly paid all the fines related to these traffic infractions.”
Because his record has been terminated, the lawsuit argues, Jin cannot apply for reinstatement, nor can the University of Minnesota reinstate his record.
If a student fails to maintain a full course load or works without authorization, the university or Department of Homeland Security can terminate their status. Under another provision of law, a visa holder’s status can be revoked for a “crime of violence” for a sentence of more than a year’s imprisonment.
But, the lawsuit argues, minor traffic offenses are not reasons to terminate status. Wilson cites immigration case law stating that when an individual is not incarcerated and continues to attend school, a “criminal conviction per se” does not violate their legal status.
“Minor offenses do not meet the threshold for termination of status based on criminal conduct,” the lawsuit argues.
The lawsuit asks a federal judge to declare that the termination of Jin’s SEVIS status was unlawful and to reinstate it retroactive to April 8.
