ALBUQUERQUE, NM — A Ghanaian doctoral student at New Mexico Tech, “K.O.D.,” has filed an emergency lawsuit today in U.S. District Court against Kristi Noem, Secretary of the Department of Homeland Security (DHS), and Todd Lyons, Acting Director of Immigration and Customs Enforcement (ICE), challenging the abrupt termination of his F-1 student status.
The American Civil Liberties Union (ACLU) of New Mexico and Huffman Wallace & Monagle LLC are representing K.O.D., who discovered on April 9 that his immigration status had been terminated without notice or explanation.
"The law is clear that this man is entitled to the same basic dignity and due process that any of us in this country would expect for ourselves or our loved ones," said Shayne Huffman of Huffman Wallace & Monagle LLC. “When the government yanks away someone's future without warning or explanation, that's not just unfair—it's un-American. International students like K.O.D. aren't just names on a visa form—they're our neighbors, our researchers, our community members."
The lawsuit challenges DHS’ arbitrary actions that have affected not only K.O.D. but hundreds of international students nationwide, including many at New Mexico's universities.
"When the government suddenly terminates these students’ status, it’s dramatically disrupting these individuals’ lives—and tearing apart New Mexico communities," said ACLU of New Mexico senior staff attorney Rebecca Sheff. “International students bring diverse perspectives and significant contributions to New Mexico's educational and economic landscape. The complete lack of transparency surrounding these terminations is profoundly concerning. New Mexicans reject this treatment of our community members.”
While no individual should be subjected to this type of arbitrary action, it is particularly unclear why K.O.D. was targeted. He has no criminal history—not even traffic violations—and has not engaged in political activism disfavored by the Trump Administration. Yet he now faces disruption of his academic pursuits, loss of scholarship funding, and possible detention and deportation.
The case highlights a disturbing pattern, with potential implications for the nearly 2,000 international students in New Mexico who now live in fear that they could be next. The government’s arbitrary and aggressive actions are creating a climate of anxiety that undermines these students’ ability to focus on their studies, research, and work.
Huffman added, "We're simply fighting for K.O.D. to continue the life he's built here, continue his doctoral research, keep his campus housing, and not have to worry about being detained or sent back to Ghana. He deserves to wake up tomorrow and keep being a student."
A visa is only required to enter the U.S., not to remain in the U.S. after arrival. As such, DHS's own policies explicitly state that student status should not be terminated just because a student's visa has been revoked. K.O.D.’s lawsuit contends that the agency is violating both constitutional due process requirements and its own regulations.
The lawsuit requests that the court immediately intervene to allow K.O.D. to maintain his academic standing and prevent the irreparable harm that would come from disrupting years of doctoral research.
The legal complaint, motion for a temporary restraining order brief, and K.O.D.’s declaration can be found here.
