ACLU files federal lawsuit over revoked visa of New Mexico Tech student

A New Mexico Tech student from Ghana has sued the U.S. Department of Homeland Security and Immigration and Customs Enforcement after having his student visa revoked.

The 38-year-old Ph.D. student, who appears to be the only student at New Mexico Tech to have their visa revoked, was not made available for an interview and was not named in court documents by the American Civil Liberties Union of New Mexico, which is representing the student in the lawsuit filed Wednesday. He instead is listed under the alias K.O.D.

The lawsuit seeks to reinstate his student visa and allow him to continue his studies at New Mexico Tech.

Nine students at New Mexico State University have had their visas revoked, and several University of New Mexico students have also had their visas terminated, though the university has declined multiple requests to specify a number. New Mexico Tech confirmed one student had their visa revoked earlier in the month but did not respond to an inquiry Wednesday on whether that number has grown.

The suit comes during a month in which the Trump administration revoked thousands of student visas at universities across the country as it aims to fulfill a long-standing campaign promise to tighten up the nation’s immigration policies. Other ACLU chapters across the country are filing lawsuits on behalf of the students who’ve had visas pulled.

“The American Civil Liberties Union appears far more interested in protecting foreign students than the civil liberties and safety of Americans. They should consider changing their name," DHS Assistant Secretary Tricia McLaughlin said in a statement Thursday. "It is a privilege to be granted a visa to live & study in the United States of America. When you break our laws and advocate for violence and terrorism that privilege should be revoked and you should not be in this country."

While it appeared initially that many of the international students had their visas revoked for reasons ranging from minor crimes to participation in campus protests against the war in Gaza, K.O.D maintains a spotless record on both fronts, according to his attorney, Shayne Huffman.

“He’s never been convicted of a crime, he’s never even had a traffic citation since he’s lived in the United States,” Huffman told the Journal on Wednesday. “As far as I can tell, he doesn’t really have strong opinions about anything the government is doing, at least with respect to the Israel-Gaza situation. We’re at a loss truly about how or why our client was targeted.”

The lawsuit states K.O.D’s visa was revoked for “unknown and unspecified reasons” and that his chances of finishing his research are in “severe jeopardy” because of the decision to “abruptly terminate” his visa. K.O.D is studying and working as a research assistant at New Mexico Tech’s main campus in Socorro to get his Ph.D. in petroleum engineering, and Huffman hopes he can keep his client working and in good spirits.

“He’s co-authored academic research papers, he’s presented at professional conferences in the field of energy,” Huffman said. “That has a direct impact on New Mexico, has a direct impact on the country, and he’s advancing research in the sciences in an area that actually does impact us.”

Though he has not met his client, who is some 70 miles from Albuquerque, Huffman said he has spoken with K.O.D directly.

“He’s anxious … he uprooted his life, received a valid student visa, came here from Ghana, he’s a long way from home, and he spent the last two years dedicated to this Ph.D. program,” Huffman said.

The case filed in Albuquerque’s federal district court has not yet received a response, and ICE did not respond to requests for comment on Wednesday.

“It’s important to remember or realize that everybody in this country is entitled to due process under the U.S. Constitution. It doesn’t matter whether you’re a citizen or not,” Huffman said. “I’m hopeful that the court will recognize that our client was not afforded any process at all.”