A South Dakota Mines grad student will remain in America for the time being. With her current visa, she is supposed to be eligible through 2027.
Newly published court documents published rule that Priya Saxena, a 28-year-old newly graduate doctoral student from India, can stay in America.
A preliminary injunction was granted which requires the courts to uphold the current status of Saxena, effectively holding her immigration status as legal for now.
Previously, the court had instilled a temporary restraining order for Saxena which allowed her to walk at her graduation and stay in America. That was slated to expire May 16.
In writings, district judge Karen Schreier said Saxena’s motion is granted, barring any immigration enforcement against her.
Additionally, the ruling stops immigration enforcement from attempting to try the case outside of the South Dakota legal system without court approval. That effectively keeps the case inside of South Dakota’s court district.
Further, any attempts to terminate Saxena’s SEVIS, or student and exchange visitor information system, status without prior notice of at least 15 days and without lawful reason are nullified.
The court found Saxena was likely to lose academic progress and hurt any future careers if her status were terminated and she were to be deported. Further, it found no evidence the public would receive harm from Saxena’s injunction being placed.
Saxena is an F-1 student visa holder, a non-permanent residency status. Earlier this year, that status was terminated by immigration officials who deemed her a legal threat following a single traffic infraction in 2021.
That charge was ultimately dismissed after Saxena pleaded guilty and paid a fine, in full, to the state.
