SIOUX FALLS, S.D. (KELO) — A student working on her doctorate at the School of Mines is fighting to stay in the United States. Priya Saxena is from India. She had her Visa revoked earlier this month for a traffic violation back in 2021 – a violation the government knew about when her Visa was issued in 2022.

Priya Saxena has filed a lawsuit against homeland security secretary Kristi Noem following the revocation of her Visa and the termination of her student status, making her subject to deportation.

Police investigate another stabbing at SF apartment

Saxena, who is originally from India, was set to graduate from South Dakota School of Mines & Technology with a PhD next month- before the government deemed her a threat to public safety.

“It is ridiculous. It’s also sad. Does she look like a threat to public safety to you? This small woman who’s almost completed a PhD degree in chemical and biological engineering,” said Jim Leach, Saxena’s attorney.

Without her student status, she would be unable to continue school or graduate.

According to court documents, Saxena filed for a temporary restraining order and permanent injunction in her case.

“Well, we’re in a scary time in this country. I mean, it’s no secret that the president and the people who work for him have been making the argument that they’re not necessarily bound by what judges think or say. And that’s a profoundly dangerous issue,” said Leach.

At Friday’s hearing, the judge said the government violated due process of law by revoking her visa. Now, Saxena’s student status is reinstated and she will be able to continue school and graduate on time.

“And our position here is real simple. The government has to follow the law. And when it refuses to do so, a court’s role is to tell the government it has to follow the law,” said Leach.