Ahwar Sultan, a second-year graduate student in comparative studies, speaks at a Thursday press conference organized by Students for Justice in Palestine, alongside other Ohio State student organizations. Credit: Sandra Fu | Photo Editor
Federal judge Tanya S. Chutkan has issued a Friday ruling ordering the Trump administration to reinstate an Ohio State graduate student’s visa and immigration record.
Ahwar Sultan, a second-year graduate student in comparative studies and an Indian citizen, previously filed an April 15 lawsuit against the Trump administration alleging his Student and Exchange Visitor Information System — also known as SEVIS — record was unlawfully terminated due to his participation in Pro-Palestinian protests on campus. Friday, Chutkan ordered the administration to return Sultan’s SEVIS record to active status.
Per prior Lantern reporting, the termination of a F-1 SEVIS record means a student cannot re-enter the United States while the record remains inactive. In addition, Immigration and Customs Enforcement agents are permitted to investigate the student’s departure.
In her opinion, which was filed in the U.S. District Court in the District of Columbia, Chutkan said there is no “grace period” after a student’s SEVIS record is terminated. This means the affected student must either apply for reinstatement or leave the United States immediately.
However, Chutkan said the defense counsel didn’t yet know whether Sultan is “accruing unlawful presence” in the United States or whether the government intends to initiate removal proceedings.
“As a result, Sultan is in a catch-22 situation — he cannot attend school or work because his SEVIS record is terminated; nor does he know whether he should leave the United States immediately or risk being subject to removal proceedings, because Defendants refuse to provide him with the necessary information,” Chutkan said in the opinion. “Sultan must therefore wait in legal limbo, at possible risk of detention, until Defendants decide whether and how he should be removed.”
Sultan said in an email he is relieved by the order, but it shows there are still “fundamental questions” that remain unanswered.
“As the court’s opinion notes, ICE and its attorney have refused to clarify what my status is,” Sultan said. “I hope that we can find this out in the next hearing. The legal limbo does not go away just yet, but I am feeling more confident.”
Chutkan also said the potential harm Sultan could face from his SEVIS record’s inactivity currently outweighs any risk posed to the government, specifically the Department of Homeland Security.
“Sultan risks deportation or accrual of unlawful presence; in contrast, DHS is not harmed by temporarily reactivating Sultan’s SEVIS record pending further review of this case’s merits,” Chutkan said in the opinion.
Chutkan also referred to Sultan’s participation in an April 25, 2024 pro-Palestinian protest on Ohio State’s campus, which resulted in the arrest of 16 students, including Sultan. His misdemeanor charges, however, were later dismissed after he completed community service.
“Consequently, OSU’s notification to Sultan on DHS’s behalf that his SEVIS record termination was because he was ‘identified in [a] criminal records check’ does not appear to be based on reasoned decision making, and therefore may be arbitrary and capricious,” Chutkan said in the opinion. “Even though Defendants refuse to confirm whether Sultan’s F-1 legal status is terminated, it is reasonable to assume that it is, because his visa has been revoked and his SEVIS record terminated, in which case Defendants have violated 8 C.F.R § 214.1(d) by not following its own regulation before doing so.”
Chutkan’s order follows a Thursday press conference on Ohio State’s campus, during which Sultan and his attorney Jana Al Akhras — who had hosted the meeting to discuss updates in their lawsuit — were briefly held under investigative detention by Ohio State University Police Department officers for violating the amplified sound provision of the university’s space standards.
Jineen Musa, co-president of Ohio State’s chapter of Students for Justice in Palestine — which is also listed as a plaintiff in Sultan’s lawsuit — and a third-year in health sciences and health information management and systems, was issued a summons for the same violation at Thursday’s press conference.
Sultan hopes he can fully resume his work at Ohio State once his SEVIS record is restored.
“The question remains, in light of the admin’s hostility yesterday towards us and our pro-Palestinian speech, whether the university will recognize the federal court’s order and let me work again,” Sultan said. “Or, will they continue to try to comply with ICE’s vague orders?”
Sultan said the support he’s received from faculty and peers has been “encouraging,” and it was nice to see “friendly faces” at Thursday’s press conference after being isolated for nearly three weeks.
“When I was being detained, my teachers surrounded me and tried to reason with the OSUPD,” Sultan said. “It might have been in vain, but it was nonetheless inspiring to see them push back.”
