Deportation fears: a due process dilemma

Author: Anjir Solanki, Devi Ahilya Vishwavidyalaya, Indore 

To the point

The recent deportations of students in esteemed educational institutions in the USA, UK, and Canada have put a question mark on the future of many, with stringent policies avoiding due process leading to psychological, financial, legal, and emotional drawbacks. Recent political shifts, racial discrimination, and complex procedures have denied them a fair hearing and placed them in a vicious cycle.

While many countries’ constitution has laid the principles of due process within its borders regardless of a citizen or immigrant however right to a fair hearing, ability to challenge evidence and policies often contradict these principles which are increasingly making it difficult for students through rushed decisions, limitation on authority of judges, and rapid deportations. This transforms the legal system into one that is less predictable and less protective of individual rights. This situation doesn’t represent an occasional oversight. Still, the policies themselves are designed to restrict rights, as seen in the mass revocation of visas in the USA at Harvard, a case at Newark Airport in the USA, and many more.

Abstract

This article examines the abrupt deportations of students and revocation of visas in major international institutions mainly the USA, UK, Canada, through the lens of due process with legal concepts related to visas on grounds for inadmissibility, revocation and redressal mechanisms with statistics that not only reflect the distress among students but also the scale of visa issues balancing both national priority with fundamental rights protection. 

The interconnection of policy and human impact is central theme particularly focusing on Indian students with the optional practical training (OPT) rule, the termination of SEVIS student and exchange visitor information in the us, and study permit caps in Canada that affects lives of many and families back home experiencing psychological distress, anxiety, depression, and even post-traumatic stress disorder (PTSD). Academic disruption is also a direct result of irregularity in education and avoiding classes. A clock of economic condition runs behind on education loans, living expenses, transforming their educational investment into a crisis from an “Ivy League dream” to a “visa nightmare.”

Legal jargons

1. Due process- a constitutional right, in the USA and India, it means a fair hearing before deprivation of life, liberty, and property, supported by an opportunity to be heard and a reason, and under Article 21 that the process must be impartial and fair over government wilfulness.

2. Habeas corpus- a writ means “to have the body” and requires the unlawful detainee to appear before the court so that they can challenge their violation of rights.

3. Visa revocation- is a withdrawal of legal status of a visa for various reasons, such as false information, non-compliance with rules, however, sometimes without prior warning or opportunity to respond in the us and Australia.

Curtailment- it means limiting the stay of a person or immediate visa termination

4. Inadmissibility/removability- grounds that prevent an individual from being admitted to a country or visa overstay for reasons such as health-related issues, criminal activity, or national security concerns, but some are without explanation.

5. SEVIS (Student and Exchange Visitor Information System)- it is a system that keeps track of F (academic) and M (vocational) students, J (exchange) visitors under the US government.

6. OPT (Optional Practical Training)- a temporary employment after graduation related to gaining practical experience directly for F-1 students (a type of visa) in the USA.

7. DLI (Designated Learning Institution)- students aiming to study in Canada must have been accepted by a DLI, a school, college, or university approved by the Canadian government to have the study permit.

8. AAT/ IRB- The Administrative Appeals Tribunal in Australia and the Administrative Appeals Tribunal in Canada is an independent body to review government decisions, including immigration and citizenship.

Proof

In the US students visas were revoked in the Harvard university which is now halted and have asked non-immigrants in F, M, J category to make their social media account “public” which raises serious question on invasion of privacy but focusing on Indian students reasons such as false representation, participating in pro Palestine protest, criminal activity could lead to revocation of visa, however the other side of coin- according to open doors report 2022-2023– nearly 69,000 thousands were left questioning their legal status due to stricter OPT rules such as updating employment status in 10 days at the SEVIS portal, over 1000 students and 174 colleges had their visa revoked without explanation since march. An Indian student was captured at the Newark airport due to entering the USA illegally, with an X user claiming bad treatment of the student with consulates, who is still in touch.

In Canada, not complying with the DLI program could be the reason for a 31% decline, according to immigration, Refugees, and Citizenship Canada. The Canadian Border Services Agency (CBSA) issues three types of Removal Orders: Departure Orders within 30 days with a potential for re-entry, Exclusion Orders which bar entry up to 5 years, and Deportation Orders which are a permanent ban. Recent policy changes, due to congestion, housing problems, have scrutinized even students with authorized visas. 

In UK also witnessed a decrease, though a popular destination for studies, due to policy changes which involved 37,000 Indian students in late May 2025. These statistics demonstrate that international students are caught in complex political processes, costing their academic future and financial problems, challenging due process.

Case laws

1. Maya Barman v. Union of India (2024)- the supreme court stopped the deportation pf petitioner who had been declared “foreigner” by a Foreigners’ Tribunal in Assam who entered India illegally, stating no coercion can be done, which provided a temporary relief especially when documents are difficult to obtain or lost.

2. Sarbananda Sonowal v. Union of India (2005)- The IMDT Act 1983 required the burden of proof to be on the state to find illegal immigrant was declared invalid by the Supreme Court, and instead referred Foreigners Act 1946 with the burden of proof now on the individual.

But what of the genuine citizens who had limited literacy and lost documents, which questions the due process.

In May 2025, Priya Saxena’s F-1 visa was revoked by the Department of Homeland Security over a traffic rule violation, which was minor, so the federal court granted injunction on her SEVIS revocation plus agreed that DHS had unfairly treated her and violated due process in the fifth amendment without opportunity to be heard or warning. Similarly, another Indian student got a restraining order temporarily against deportation after his visa was cancelled, with the judge stating a lack of due process.

Impact 

The fear of deportation and visa uncertainty has put the future at stake of many aspiring careers causing immense distress such as 

Psychological-behavioural changes, including sleeping and eating, decline in mental well-being, some do not even leave their apartments, and being inclusive and withdrawing with complex procedures to reapply or leave the country, leading them to suffer in silence, with accountability at home can cause severe distress.

Economic- due to fulfilling academic fees involves large education loans, which leads to financial distress, increased difficulty in finding employment and living, that too if unexpected revocations occur without any certainty at the cost of implementing policies.

Conclusion

The due process dilemma is much more than a legal issue affecting the careers of bright students; they go overseas for opportunities, but sometimes get caught in the web of the complicated immigration system. Countries should have strict rules, but not for an unexplained reason, and due process. Even a small mistake — like missing a document or breaking a minor visa rule — can put them at risk of deportation. Most international legal systems don’t see a visa as a basic right, and the policies that change overnight can cause mental health issues, which can mean losing years of effort and money, too.

Many students don’t have access to affordable, experienced legal help, so they often go through the process feeling lost and vulnerable. Governments and universities must do more to simplify the rules, make them transparent, and offer clear support to students who need help. It must balance fairness but also opportunities to the right that their hopes, dreams, and rights will be protected while they pursue education abroad; only then can we create a system that benefits all. 

FAQ

1. What are the common reasons for deportation? 

Non-compliance with immigration rules, false documents, criminal background, however, over some issues raise questions as violation of traffic rules, racial discrimination, participation in political strikes, etc. 

2.  What is the scope of due process in different countries?

In the US, it is under the Fifth Amendment, including non-citizens. In India, it is inclusive under Article 21. In Canada appeal can be made to the Immigration and Refugee Board (IRB), or federal courts, respectively, in the UK and Australia, there are tribunals.

3. What is the role of Indian consulates in deportation? 

Consulates and embassies play a major role in assisting students; they connect with the host country or their embassies to get details, ensure human treatment, and negotiate.

4.  Are there any support systems available for students?

University international student services offices (DSOs), Legal aid organizations, and immigration lawyers with affordable representation, counselling, and workshops are also available to address anxiety and stress.

SOURCES 

1. https://indiankanoon.org/  
2. https://www.ndtv.com/world-news/who-is-krish-lal-isserdasani-indian-student-whose-deportation-was-halted-by-us-court-in-landmark-case-8185436 
3. https://www.theguardian.com/us-news/2025/may/16/indian-phd-graduate-deportation-priya-saxena 
4. https://www.businesstoday.in/nri/visa/story/im-not-crazy-indian-student-handcuffed-deported-at-us-airport-internet-calls-it-human-tragedy-479708-2025-06-10 
5. https://economictimes.indiatimes.com/nri/study/canada-sees-sharp-drop-in-indian-student-permits-as-visa-rules-tighten/articleshow/121389460.cms?from=mdr 
6. https://www.google.com