US Court Protects Indian PhD Scholar From Deportation Attempts
May 17, 2025
A US federal court has issued a preliminary injunction protecting Priya Saxena, a 28-year-old Indian PhD graduate, from deportation after the Department of Homeland Security (DHS) attempted to revoke her valid F-1 student visa.
Saxena, who recently earned her doctorate in chemical and biological engineering from the South Dakota School of Mines & Technology, faced an unexpected visa cancellation in April under the Trump administration. The DHS cited a “criminal record” as justification—a claim her attorney, Jim Leach, strongly refuted. The only incident on her record was a minor 2021 traffic violation (failure to yield to an emergency vehicle), for which she paid a small fine.
Despite the violation not being grounds for deportation under immigration law, the DHS moved to revoke her SEVIS status without prior notice or an opportunity to respond. Leach emphasized that Saxena had fully disclosed the infraction during her original visa application, and her F-1 visa—valid until 2027—was issued after thorough review.
“The government reissued her visa and then comes back three and a half years later and says, ‘Oh, wait a minute. Get out of the country now,'” Leach told NBC News. “It just makes no sense.”
Saxena challenged the DHS’s actions in court, arguing violations of the Administrative Procedure Act and her Fifth Amendment right to due process. Initially granted a temporary restraining order allowing her to complete her studies and attend graduation, the court extended protection with a preliminary injunction on Thursday. This decision permits her to remain in the US and apply for Optional Practical Training (OPT), enabling her to work in her field.
Saxena’s graduation ceremony became a focal point for more than just academic achievements. While she was applauded by fellow students and faculty, South Dakota Governor Kristi Noem—who was awarded an honorary degree—faced strong backlash from protesters. Noem, who previously served as DHS Secretary under the Trump administration and now oversees one of the country’s strictest deportation initiatives, was met with signs reading, “A doctorate in graft I could understand,” and chants of “No honor for Noem” filling the streets.
The case highlights ongoing debates over immigration policies and due process rights for international students in the US.
