An international student in South Dakota received two degrees in a fight against the Trump administration's attempt to expel her, and was awarded a ban.
Priya Saxena from India received her PhD in Chemistry and Bioengineering from the South Dakota School of Mining and Technology last weekend and her Masters in Chemical Engineering. Just over a month ago, Saxena was told her visa and status in the country had been revoked.
Saxena's attorney Jim Leach told NBC News that her only violation was the failure to first aid for emergency vehicles four years ago, which he called "the lowest possible traffic crime."
Saxena, who sued the Trump administration, was awarded a temporary restraining order until this weekend, allowing her to collect degrees. On Thursday morning, she obtained a preliminary injunction to prevent the government from trying to detain or deport her.
"The rule of law saves an innocent person from illegal actions by this administration," Leach said. "Dr. Saxner is exactly the kind of person we should want in this country."
"The government sent these letters, whatever belief, even for the sake of transportation," Leach said of Saxner's visa and status revocation. "I have had more faith in transportation than she has since."
The Department of Homeland Security did not immediately respond to NBC News' request for comment.
Saxena has been receiving a student visa in the country, which won’t expire until 2027. But on April 7, she received an email from the U.S. Embassy in New Delhi and informed her that her visa had been revoked.
Later, a school official told her that her records had been terminated in the Student and Exchange Visitor Information System (SEVIS), which maintains information about non-immigrant students and exchange visitors.
Saxena was subjected to traffic violations in 2021, but she paid a fine and disclosed the information to the government after applying for the latest visa, court documents said.
"The government reissued her visa and came back three and a half years later and said, 'Oh, wait a minute. Leave the country now.' "It makes no sense. ”
Due to her loss of status, the school at the time also informed her that she would not be able to obtain a doctorate. Court documents say she has been working on a degree since 2020.
Although the Trump administration said last month that this would restore legal status to international students until immigration and customs enforcement create a new termination framework, Ritchie said Saxner's identity was not affected because in his case Ice had to comply with the judge's order. However, the judge approved the interim restraining order last month, extending the time frame so that she can complete her studies.
Saxena's graduation coincided with the independent, extremely controversial graduation that weekend. DHS Secretary Kristi Noem received an honorary degree from Dakota State University. Protesters gathered in schools to criticize the treatment of international students and the government's tough immigration policies.
"You have this woman from India who earned her PhD in Chemistry and Bioengineering, which obviously requires a lot of work and brain," Leach said. "Then, you get Kristi Noem with an honors degree. She escaped protesters while she was there... It's a very distant novel."
DHS revealed at a court hearing in Washington last month that it used 10 to 20 employees to run the names of 1.3 million foreign-born students through the National Crime Information Center, which runs the National Crime Information Center, which includes crime history information.
Andre Watson, assistant director of the Department of Homeland Security, said the process overseen by Robert Hammer, acting executive director of the Department of Homeland Security, accounted for 6,400 times. From there, many students terminated their records in Sevis.
Watson said at the hearing that his name was also sent to the State Department and about 3,000 students were revoked.
The development raises criticism from immigration lawyers and legal advocates who point out that the National Crime Information Center may not have the latest information. The index relies on cities, counties, states and other sources to voluntarily report their data.
Kathleen Bush-Joseph, an attorney and policy analyst for the U.S. immigration policy program, mentioned before the Nonpartisan Immigration Policy Institute that databases do not always have the final handling of cases. Others mentioned that this may be why a student who dismissed the case or who was not convicted experienced a loss of status.