On Wednesday, May 28, 2025, a group of 15 Iranian students and researchers will file a federal lawsuit in the U.S. District Court for the Eastern District of Virginia in Alexandria, challenging Secretary of State Marco Rubio’s recent suspension of student and researcher visa processing.
The lawsuit, titled Tebyani v. Platek, alleges that Rubio’s directive violates the Administrative Procedures Act by unlawfully halting the issuance of F, M, and J visas. The plaintiffs, represented by attorneys Curtis Morrison, Hamdy Masri of Red Eagle Law, L.C., and Matt Galati of The Galati Law Firm, argue that the suspension disrupts their academic and professional plans and unfairly targets international students under the pretext of national security.
According to a report, Rubio issued a cable to all U.S. embassies and consulates instructing them to halt additional visa appointments for students and exchange visitors. The cable, cited in the plaintiffs’ complaint, reads: “Effective immediately, in preparation for an expansion of required social media screening and vetting, consular sections should not add any additional student or exchange visitor (F, M, and J) visa appointment capacity until further guidance is issued septel [separate telegram], which we anticipate in the coming days.”
The plaintiffs contend that this directive is misleading, as the U.S. State Department has been collecting social media identifiers from visa applicants for national security screening since May 31, 2019, rendering Rubio’s stated rationale questionable.
Curtis Morrison, co-counsel for the plaintiffs, criticized the Trump administration’s actions, stating, “These students and researchers were already waiting on the same national security vetting that the Trump administration is pretending to roll out as a new shiny thing. The administration wants to pretend like the national security vetting they put in place in 2019 isn’t happening so that they can take credit for implementing it all over again. It is a scam in plain sight.”
The 15 plaintiffs, who had already attended visa interviews 6 to 18 months ago and were awaiting approval from the National Vetting Center in Sterling, Virginia, argue that the suspension leaves them and U.S. universities in indefinite limbo.
The plaintiffs are a diverse group of scholars admitted to prestigious U.S. institutions for advanced studies and research, including Ph.D. programs at the University of South Florida (Computer Science and Engineering), Ohio State University (Linguistics), Arizona State University (Electrical Engineering), and Texas A&M University (Biomedical Engineering), among others. Additional plaintiffs were accepted for master’s programs at institutions like Ball State University (Chemistry) and Western Michigan University (Finance), as well as research positions at Yale University’s School of Medicine and Villanova University’s Department of Mechanical Engineering. The suspension threatens to derail their academic and professional aspirations, as well as the contributions they would make to U.S. universities.
Hamdy Masri, co-counsel for the plaintiffs, highlighted the discriminatory impact of the policy, noting that students from Muslim-majority countries, like the Iranian plaintiffs, have been subject to “enhanced security vetting” since President Trump’s first term in 2016.
Masri pointed out that these students already provide extensive social media information through Form DS-5535, a Trump-era requirement. “Now it seems like the Trump administration wants to place all foreign students under this enhanced vetting to ensure students entering align with his political values,” Masri said.
He further accused the administration of abusing executive power to punish universities and students who have exercised their First Amendment rights to criticize President Trump, arguing that Rubio’s directive is both unlawful and retaliatory. The lawsuit seeks to compel the State Department to resume visa processing and declare Rubio’s suspension unlawful.
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Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
