By Kevin Hendricks
Less than a month after students at least three universities in New Mexico had their student visas revoked by the U.S. Department of State, the American Civil Liberties Union of New Mexico announced one of those students has filed a lawsuit challenging the termination of his F-1 student status.
Update (04/25/25): Court says federal government must reinstate doctoral student’s status as case proceeds. Story continues as originally written below.
According to the ACLU, a Ghanaian doctoral student at New Mexico Tech, identified as “K.O.D.,” has filed an emergency lawsuit in U.S. District Court. The suit names Kristi Noem, Secretary of the Department of Homeland Security (DHS), and Todd Lyons, Acting Director of Immigration and Customs Enforcement (ICE), as defendants.
The ACLU of New Mexico and Huffman Wallace & Monagle LLC are representing K.O.D., who discovered on April 9 that his immigration status had been terminated without notice or explanation.
“The law is clear that this man is entitled to the same basic dignity and due process that any of us in this country would expect for ourselves or our loved ones,” Shayne Huffman of Huffman Wallace & Monagle LLC said. “When the government yanks away someone’s future without warning or explanation, that’s not just unfair—it’s un-American. International students like K.O.D. aren’t just names on a visa form—they’re our neighbors, our researchers, our community members.”
The lawsuit challenges DHS’ actions that have affected not only K.O.D. but hundreds of international students nationwide, including many at New Mexico’s universities.
“When the government suddenly terminates these students’ status, it’s dramatically disrupting these individuals’ lives—and tearing apart New Mexico communities,” said ACLU of New Mexico senior staff attorney Rebecca Sheff. “International students bring diverse perspectives and significant contributions to New Mexico’s educational and economic landscape. The complete lack of transparency surrounding these terminations is profoundly concerning. New Mexicans reject this treatment of our community members.”
The ACLU said it is unclear why K.O.D. was targeted. He has no criminal history—not even traffic violations—and has not engaged in political activism disfavored by the Trump administration. Yet he now faces disruption of his academic pursuits, loss of scholarship funding, and possible detention and deportation.
The suit highlights a potential pattern affecting nearly 2,000 international students in New Mexico. Attorneys argue DHS’s actions contradict its own policies, stating student status should not be terminated solely due to visa revocation. The lawsuit requests immediate court intervention to allow K.O.D. to maintain his academic standing.
“We’re simply fighting for K.O.D. to continue the life he’s built here, continue his doctoral research, keep his campus housing, and not have to worry about being detained or sent back to Ghana,” Huffman said. “He deserves to wake up tomorrow and keep being a student.”
Thanks to the ACLU maybe there will be justice for students
There has to be a reason for the revocation of his Student Visa. Kindly avail us of the truth in this situation so the public can make their own judgment of the fairness or unfairness of these actions. Someone seems to be purposely hiding the reason for the Visa being pulled.
I think you are overlooking the fact that due process requires, at a minimum, that the government provide notice and a meaningful opportunity for a hearing no matter what the so-called “reasons” are. Failure to do that makes the actions unfair.
Dictators don’t need reasons.
clearly not the case here; law firm’s wouldn’t touch potential clients that come with baggage; like unpaid traffic fines; criminal records for domestic violence; or for acquiring unlawful presence in the country; all factors that make it challenging for any law firm to wanting even considering representing a person; they have cross examined and check these people’s backgrounds and their records; they carefully have vetted these individuals and there’s absolutely nothing on paper or otherwise for the government to be acting this arbitrary with tyranny tactics to get rid of non white immigrants; you just fishing for something in efforts to excuse and defend the indefensible; just say you’re maga and don’t go on fishing expeditions on people that have clean records
Obviously you are not paying attention to the politics, actions or climate of the country since trump/musk took over. If you are a minority of any kind you have a target on your back. You don’t have to do anything but exist. Women, disabled veterans, black, latino, religious liberals, protesters or poor. We are not like those in in power.
Any explanation given by DHS or any federal agencies?
This is getting more and more concerning. Since he hasn’t violated any laws nor caused the slightest trouble, what is their excuse? I’m glad he’s fighting back.
Foreign students go home with and spread a favorable view of our country — at least they used to. Educating foreign students here is our best diplomacy. Having these students, who should be welcomed,x arrested and imprisoned for no reason whatsoever speaks’volumes to the rest of the world that our constitutional democracy has been relegated to history books. Trump has finally turned our country into a Russian asset.
Actually, no, a visa does not grant the individual the same rights as a citizen. The individual is granted access during the timeframe of the visa and at determination of the government. Poke the bear enough and you’re gone. Overstay your visa departure date, and you’re gone – or that is supposed to be the process. Just because prior administrations didn’t enforce the law doesn’t mean it shouldn’t be going forward. KOD obviously did something in his past that isn’t being mentioned here.
Un-American and tragic.
The NM ACLU is nothing more than a extension of the left wing liberals and you will never hear both sides of the issue.
The Govt got right to revoke your visa
It is not a wright
Having a visa is a privilege.
Is there a fund we can donate to, to support this student’s legal fees?