You Can Be Deported From The US If..

Universities and immigration authorities take student conduct seriously.
Behaviour that is deemed unacceptable or dangerous can lead to legal consequences, including deportation, warns Dr Pananjay Tiwari, founder and director, Impel Overseas Education.

Badar Khan Suri, a postdoctoral fellow at Georgetown University in Washington DC, was detained on the night of March 17 by the US department of homeland security on charges of 'actively spreading Hamas propaganda'.

The action against Suri came a week after Ranjani Srinivasan, an Indian student at Columbia University, self-deported to Canada after her visa was revoked for allegedly 'advocating for violence and terrorism' and involvement in activities supporting Hamas.

These incidents can be connected to a broader pattern of actions by the Trump administration, targeting international students involved in pro-Palestinian activism.

Other students, such as Mahmoud Khalil (a Palestinian) from Columbia University and Momodou Taal, a PhD student from Cornell University, have also faced immigration-related detention or deportation proceedings.

The Internet is divided over what is happening to students in the United States; there is widespread debate over free speech rights and the long term implications for academic freedom in the United States.

While spreading propaganda or advocating for violence and terrorism can be some of the more serious grounds for deportation, let's try and understand why an Indian or international student can be deported.

Dr Pananjay Tiwari is the founder and director of Impel Overseas Education, a Dehradun-based consultancy for students who want to study abroad in the fields of engineering, science, agriculture, medicine, arts and the humanities.

Dr Tiwari has 21 years of academic and research experience and has published several books and research papers in various Indian and international journals.

According to Dr Tiwari, "students facing the risk of deportation should immediately reach out to an immigration lawyer or to the legal aid services provided by their university (if available).

"This step can help determine if deportation is avoidable or if there are mitigating factors that could reduce the severity of the punishment," he tells Divya Nair/Rediff.com.

What are some of the circumstances under which an international student can be deported?

An international student may face deportation for a number of reasons such as breaching visa terms by overstaying the granted duration, working without proper authorisation or not maintaining a full-time student status.

An underperforming record, getting dismissed from the institution or any academic related issues might also lead to the same outcome.

The biggest risk results from engaging in criminal acts such as robbery, assault, drug dealing or any other unlawful activity.

Other risks include misrepresentation or outright lies, providing untrue information about the applicant's academic records or any other information during the application process.

Some of these students may suffer from financial instability due to their inability to cover tuition cost or living expenses, which may result in an annulled visa.

There is a high risk of being deported due to terrorism or any other public safety concern that may be deemed harmful to the host nation's security.

These students may also be removed for failing to notify the authorities about changes of address as required by immigration laws or because of unlawful employment.

Although the deportation process differs from country to country, most countries will have some form of legal framework for doing so, which means students can appeal to the relevant immigration or judicial authorities to challenge the deportation.

How are students intimated if they break a rule and have to be deported?

When international students violate the rules that could lead to deportation, they are typically informed by immigration officials or the educational institution through an official letter or notice of a rule violation that would result in deportation.

The legal grounds, the deadline to leave the country and the cause of deportation are all outlined in the notice. They may request a hearing or appeal the decision.

Sometimes, they are held in detention awaiting removal.

To understand and investigate feasible alternatives, seeking legal help is generally advised.

In all cases, students must take immediate action to address the issue if they receive formal notifications about a potential deportation as failure to respond can lead to expedited legal consequences.

If a student faces risk of deportation, what should s/he do?

If a student is at risk of deportation, there are several critical steps they should take to address the situation and possibly avoid deportation.

First, students should seek legal help to know their rights and investigate potential solutions like appealing or asking for a hearing request if they find themselves facing deportation.

One must act quickly because postponements could reduce their options of reversing the judgment.

Students should also request assistance and direction from their school.

Transferring to another university within the same nation might be a means of keeping their visa status, contingent on the situation.

If a student believes that deportation is based on an error, misunderstanding or if they have rectified the issue (for example, they have brought their academic status or visa conditions back into compliance), they may be able to appeal the decision.

If a student has corrected their violation (eg, returning to full-time enrolment or reducing work hours), they should provide evidence of this to immigration authorities or the institution handling their case.

If the student's violation was due to circumstances beyond their control (such as health issues or a genuine misunderstanding), this should be presented as part of the appeal.

During the appeal process, having an immigration lawyer is essential. They can help present the student's case in the best light possible, ensuring all mitigating factors are considered.

Should a student facing deportation apply to another country/college immediately?

If deportation is unavoidable and the student has no chance of appealing successfully, seeking opportunities in another country or applying to a different educational institution might be a viable next step.

If removal is unavoidable, you could think of applying to schools in different countries that would accept the academic credits.

Keep close contacts informed of the progress of your case.

A few tips that might help:

1. Research nations with flexi norms: The student should research other countries or colleges that may be more lenient or have different immigration or visa requirements.

Some countries may have different student visa policies or may be more flexible in accepting students who have faced deportation from other countries.

2. Don't repeat the same violations: When applying to a new country or college, it's critical that the student discloses the deportation history truthfully (if asked) and ensures that they do not repeat the same violations that led to their deportation.

Immigration authorities in most countries scrutinise previous visa violations and any attempt to conceal a deportation could lead to even more severe consequences in the future.

3. Consider re-entry bans: Some countries impose re-entry bans if a student has been deported. It's important to find out whether the deportation will result in a re-entry ban and whether this will affect the student's ability to study in other countries. This could complicate future studies so students must consider this aspect when planning.

• You can ask rediffGURU Dr Pananjay Tiwari your study abroad-related questions HERE.