Federal Judge grants anonymity to students, citing privacy and safety concerns in lawsuit challenging the Department of State’s actions.
A group of 158 international students has filed a lawsuit, Student Does v. Rubio, against Senator Marco Rubio in the U.S. District Court for the District of Columbia. The students are challenging a Department of State policy that they claim led to the mass revocation of their F-1 visas.
The plaintiffs allege that the government’s policy, which they refer to as the “Student Criminal Alien Initiative,” resulted in the revocation of their visas based on any prior criminal history, a practice they claim violates the Administrative Procedure Act.
On Tuesday, Chief Judge James E. Boasberg issued a memorandum opinion and order granting the plaintiffs’ motion to proceed under pseudonyms. This decision allows the students to keep their identities private from the public. The students’ motion cited fears of “retaliatory physical or mental harm, specifically retaliatory arrest, deportation, or other adverse immigration actions” if their participation in the lawsuit became public.
In his opinion, Judge Boasberg acknowledged the “concrete risks” faced by the students, noting that the litigation involves sensitive personal information about their past encounters with law enforcement. He stated that public disclosure of their identities could expose them to public scrutiny and potentially harm their educational and career prospects.
However, the judge’s order does not completely conceal the students’ identities. While their names are protected from the public, the ruling requires the plaintiffs to file a sealed declaration containing their real names and residential addresses, which the defendant may access.
The students are seeking both specific and programmatic relief. They are asking for the revalidation of their visas and a broader court order to “set aside programmatic revocations” and restore the visas of all students affected by the policy.
The judge noted that while this type of programmatic relief typically weighs against granting anonymity, the unique circumstances of the case justified the decision. The lawsuit now awaits assignment to a United States District Judge.
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