The ruling, declared on June 25, reverses a lower court decision that had thrown out a lawsuit filed by a student against the fake university.
The Court of Appeals ruling highlighted that the US government wasn’t immune from the lawsuit filed by Teja Ravi – a former international student at the fake ‘University of Farmington’ on behalf of himself and all the other affected students – since it took the tuition fees but never provided educational services or returned the money.
The ICE-operated fictional University of Farmington, opened in 2016 as part of an operation to target pay-to-stay student visa fraud.
ICE operated the school out of southeast Michigan, luring in over 600 international students, with all except one coming from India.
The federal agency collected roughly $6 million in tuition fees from the students, despite not providing classes, curriculum or educators.
The US government maintained that there has been no wrongdoing in the matter as it claimed that international students were made well aware by the fake recruiters that they were paying for classes and coursework that didn’t exist.
“Previously, forty-plus civil rights groups called for a probe into this fake ICE university. The University collected $6m dollars of student tuition payments without providing classes and educational opportunity to the students, as promised,” said a release from attorney Anna Nathanson, who represented Ravi in the case.
“The fake university led to the approximately 600 impacted students arbitrarily losing their visas; in some cases, students were also held in immigration detention facilities. Students report that they enrolled at University of Farmington under the understanding that they would be completing a full educational program, but the classes never materialised.”
Ravi, an Indian citizen, was enrolled at Northwestern Polytechnic University in California under an F-1 visa but applied to the Farmingtion University in 2018.
According to the lawsuit, Ravi paid $12,500 in tuition fees but grew suspicious when he didn’t receive a schedule for the classes despite asking administrators for one.
The ruling means the lawsuit will return to the trial court for further proceedings.
“For the University of Farmington class action, it could still be years before the 600-plus impacted students could possibly get justice in the trial court,” explained Nathanson.
“It’s been five years since the Farmington operation – five long years of the US government refusing to take accountability for the parents separated from their children over this, the couples separated over this, and the financial burden on families. The need for justice is urgent.”
“It’s been five years since the Farmington operation – five long years of the US government refusing to take accountability for the parents separated from their children over this, the couples separated over this, and the financial burden on families.
Anna Nathanson, attorney representing Teja Ravi in the Ravi v. U.S. case
Two other prospective students mentioned in the suit paid tuition worth $10,000 and $15,000, respectively, according to the filing.
“This decision is not just a legal win, but a moral one. It underscores that no one, not even the government, is above the fundamental principles of fairness and honesty. It is a reminder that justice prevails and that the voices of those wronged will be heard. We are grateful for this outcome and remain steadfast in our commitment to justice and that justice, though delayed, is never denied,” said Prudhivi Raj, who was impacted by the ICE operation.
According to local news outlets, Farmington University had its own website and a Facebook page, which showcased a fake history dating back to the 1950s.
Records showed Farmington was incorporated by the state of Michigan and listed by the Accrediting Commission of Career Schools and Colleges, while also being certified by the Department of Homeland Security’s Student and Exchange Visitor Program, a key feature that attracts international students to American universities.
Once the operation came to light, ICE shut down the school and arrested roughly 250 would-be students. While many were deported, others voluntarily left the country, according to a report by Reason Magazine.
After the operation, eight individuals were indicted on the grounds of visa fraud and “harbouring aliens for profit”.