USA: Fake uni students can proceed with action against government

In 2019, the Department of Homeland Security confirmed the three-year University of Farmington sting operation, based around a fake university that was established to expose recruiters and international students involved in student visa fraud.

Eight individuals were initially charged through the operation, while the hundreds of students enrolled were threatened with deportation.

In 2020, Teja Ravi, an Indian citizen who returned to India after the fake university operation was announced, launched an action on behalf of other students. He said that he had paid US$12,500 to enroll at the University of Farmington, entered into a contract for educational services, and never received any education or refund, which was therefore a breach of contract.

A three-judge panel at the U.S Court of Appeals for the Federal Circuit has recently ruled that the Department of Homeland Security is not immune from the lawsuit, reversing a previous finding that said the Department for Homeland Security was protected from the lawsuit because it was acting in a sovereign capacity.

In their ruling that the action can proceed, the judges said, “Mr. Ravi alleges that he entered into a contract with the government for the provision of educational services, for which he paid thousands of dollars, and he alleges that the government breached that contract by not providing him those services (or returning the money). We must accept those allegations at this stage of the case. It is clear, taking those allegations as a given, that the government engaged in the sale of services such as private parties could also engage in among themselves.”

Norris Law Associate Attorney Anna Nathanson, who is representing the students, said in a press release, “The University of Farmington students and their legal team are ecstatic that the Court of Appeals for the Federal Circuit has ruled to allow the 600 students unjustly targeted by this fake ICE university to have their day in court.”

She added that it could take years from this point for a decision in the trial courts and called for urgent justice for the affected students.

The Department of Homeland Security has claimed that the students made payments to the school in exchange for fraudulent documents that would allow them to stay in the USA, and that all participants were aware that no classes would take place.

DHS is reported to have received more than US$6 million in tuition fees from international students over the three-year University of Farmington operation.

The University of Farmington was not the first such sting operation used by the Department of Homeland Security.

In 2016, more than 20 recruiters were arrested following a similar three-year University of Northern New Jersey (UNNJ) sting.

In 2022 it was announced that the Department of Homeland Security had reached an undisclosed settlement in a class action by more than 500 international students who had their visas revoked as a result of the UNNJ operation.