Two foreign students facing removal won’t be detained until further notice, per a Second Circuit Appeals Court Decision. The students were initially detained due to their participation in protests on different college campuses in the summer of 2024. The decision came after the government tried to detain them.

The students were detained on the grounds that their actions negatively affected U.S. foreign policy. In May 2025, a three-judge panel decided that one student should be returned to Vermont until her case is resolved. In a separate decision, the panel ruled the other student is not subject to any limitations.

The government sought a rehearing of both decisions. It also issued an order that the district court lacked the authority to order the release of the students in the first place. The court denied the government’s request. Both students’ cases will proceed as planned.

Over the past several months, the government has taken an increasingly strict stance on student immigration. Recently, the Department of Homeland Security (DHS) reduced the validity period of many student visas to just four years. The DHS also temporarily wiped the data of hundreds of students from the system.

The increasingly strict enforcement on foreign students in the U.S. highlights the importance of staying up to date with immigration laws. International students should always stay in full compliance with the terms of their visa. Doing so is best chance of decreasing the odds of a confrontation with immigration authorities.

As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, please contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws and policy updates. In an ever-evolving immigration landscape, we’re with you every step of the way.