Ian Wagreich Discusses Due Process Concerns Over International Student Visa Cancellations

Hinshaw partner Ian Wagreich was recently quoted in a story by The Daily Northwestern reporting on his recent panel presentation at Northwestern University. The panel at Harris Hall focused on helping students understand the evolving immigration landscape, including travel safety, noncitizens' rights, and the legal complexities surrounding student visas.

Wagreich, who advises universities on student and temporary work visa issues, noted concerns about a lack of due process for international students who had their Student and Exchange Visitor Information System (SEVIS) records terminated. He explained that these terminations have often occurred for unclear reasons, such as participating in protests or minor infractions, and that affected students were frequently threatened with deportation without being given a chance to review or contest the evidence against them.

Wagreich noted that many students have challenged their visa cancellation in federal court, where judges have often ruled against the Trump Administration due to the lack of due process. "There has been no due process, and that in and of itself is enough for us to determine that these SEVIS records should not have been terminated," he was quoted as saying.

Wagreich also explained that under a new policy adopted by the Trump Administration, the State Department would have broad authority to revoke visas and use those revocations to terminate students' legal status.

He anticipated that the Trump Administration could argue that State Department visa revocations cannot be challenged in federal court because of the doctrine of consular non-reviewability, which states that decisions made by U.S. consular officers aren't subject to judicial review. However, he pointed out that immigration attorneys could challenge this doctrine because the revocations are being made from Washington rather than by consular offices abroad.

Read the full article.

• The Daily Northwestern: "Panel of immigration lawyers guides international students, faculty amid visa 'chaos'" (May 1, 2025)