Citing staff shortages and a significant number of similar deportation cases nationwide, lawyers for the U.S. Department of Homeland Security have been granted more time to respond to a lawsuit brought by Iowa students who fear they’ve been targeted for deportation.
The three University of Iowa international students and one UI international-student graduate are suing Homeland Security for having revoked their status as students — a step they fear could lead to them being detained and deported.
U.S. District Court Judge Rebecca Goodgame Ebinger initially issued a short-term temporary restraining order barring Homeland Security from deporting the four, and later, on May 15, granted them the additional protection of a preliminary injunction that is intended to last while the plaintiffs’ underlying case against the government is being litigated.
According to the lawsuit, each of the plaintiffs was admitted to the United States on an F-1 student visa. The students claim Homeland Security has violated their due process rights by terminating their student status without legal justification or explanation.
Named as defendants in the case are Secretary of Homeland Security Kristi Noem, and the U.S. Department of Homeland Security, of which Immigration and Customs Enforcement, or ICE, is a part. Also named as a defendant is Acting Director of ICE Todd Lyons.
Since the injunction was issued on May 15, there has been little activity in the case, with Homeland Security still having filed no formal answer to the students’ original petition, which was filed April 21.
Recently, lawyers for Homeland Security asked for, and received, a 60-day extension of time to either file an answer or a motion to dismiss the case.
As justification, they say “the small civil division for the U.S. Attorney’s Office has recently been experiencing significant staffing shortages,” and the issues raised in the UI case have been the focus of “significant litigation around the country,” resulting in a need for additional time is needed to coordinate any response to the lawsuit with others inside the U.S. Department of Justice.
Also, the government’s lawyers say, the lead counsel for Homeland Security and ICE “will be departing federal service within the next few weeks,” which means the new lead counsel and their team will need more time to familiarize themselves with the case.
The government’s lawyers now have until Aug. 21, 2025, to respond to the students’ lawsuit.
Judge expressed ‘little confidence’ in Homeland Security
In her May 15 decision granting an injunction, Judge Ebinger rejected Homeland Security’s claim that its actions were not arbitrary and capricious – the standard for reversing administrative action, which is what the four UI plaintiffs seek as part of their lawsuit.
The judge noted there was “no suggestion” made by anyone that the four plaintiffs met Homeland Security’s own standards for revoking student status, such as conveying falsehoods to Homeland Security, engaging in unauthorized employment, committing a serious crime or failing to engage in educational studies.
In deciding to issue the injunction, Ebinger also stated that she had “little confidence” that going forward, Homeland Security and ICE would comply with the law and “act consistently with pertinent regulatory factors.”
In a statement that underscores the difficulty lawyers for Homeland Security are likely to face as the underlying case moves forward, Ebinger stated in her decision that “imposing immediate negative consequences on persons while disregarding governing law and regulations is arbitrary and capricious.” The four UI plaintiffs, she said, “have demonstrated a strong likelihood of success on the merits” of their case.
The injunction bars Noem, Homeland Security and ICE from initiating or ordering the arrest, detention, or transfer of the four plaintiffs — Prasoon Kumar, Songli Cai, Haoran Yang, and Sri Chaitanya Krishna Akondy — out of the court’s jurisdiction without first providing adequate notice to the court so the plaintiffs’ counsel can contest any such action.
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