Class Action Seeks Tuition Refunds for Students Enrolled at Fake Farmington University Set Up by ICE to Expose Visa Fraud

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A proposed class action has been filed in the Court of Federal Claims over U.S. Immigration and Customs Enforcement’s (ICE) use of a fictitious university to expose student visa fraud, claiming prospective students who enrolled in the “sham” school’s online programs paid thousands in tuition yet received nothing but the revocation of their visas.

The plaintiff, a citizen of India, says he’s among a number of foreign students who applied to, enrolled at and paid tuition for an education at the University of Farmington with the belief that it was an accredited school that offered legitimate degrees in an array of programs. The man charges that there was no way, however, for prospective students to know that Farmington was nothing more than a façade set up by the federal government. 

After Farmington was revealed in January 2019 to be a “sham” set up by ICE’s Homeland Security Investigations, the government “reneged on their guarantees that Plaintiff and Class members had properly adhered to immigration regulations and were therefore lawfully residing and working in the United States” and “instead had the audacity to revoke” their visa status and accuse the individuals of visa fraud, the lawsuit alleges.

The plaintiff asserts he and other Farmington students were, in truth, “unwitting victims” of the United States’ scheme given they legitimately believed the university was “a legitimate and authorized school.” 

“Farmington created what appeared to be a legitimate web presence through its website and Twitter. The website went so far as to have bad weather alerts for students,” the 12-page breach-of-contract lawsuit says. “Ultimately, there was no reason for a student applying from abroad to know or have a suspicion that Farmington was a fake university.” 

The fraudulent Farmington University deprived prospective students of millions in tuition without providing any of the offered and promised services, according to the complaint. The plaintiff says he was accepted by and enrolled at Farmington in March 2018 and paid $12,500 in tuition. 

To maintain the illusion that Farmington was a legitimate school, the United States used “a complex scheme of phony credentials and misleading and false statements.” The defendant’s schemes allegedly included, for instance, the establishment of a leased physical office in Farmington Hills, Michigan and the enlistment of “nearly a dozen” foreign-student recruiters to solicit enrollment. According to the suit, the recruiters used by the government helped funnel nearly 600 individuals into enrollment at Farmington. Further, the suit relays that the government went so far as to utilize undercover Homeland Security agents to register Farmington with the state of Michigan and list the school on the ICE website as an institution approved for the Student and Exchange Visitor Program.

As the lawsuit tells it, it was “virtually impossible” for a prospective student to realize the University of Farmington website was a false front, as the site touted the school’s apparent credentials, listed tuition pricing and course details, and displayed a red-and-blue coat of arms logo.

Students who paid tuition were even advised that they would soon receive a class schedule that, in truth, never arrived, the plaintiff says.

“When students questioned the University regarding the lack of a class schedule and assignments, they were met with either silence or assurances from Farmington officials about the legitimacy of the school,” the case reads, adding that the faux university continually engaged with prospective students via email and postal communications, which included acceptance letters and I-20 Certificates of Eligibility for Nonimmigrant Student Status. 

The plaintiff claims his experience with the University of Farmington is typical of that of more than 500 other students:  

“A year after enrolling, Plaintiff learned that the University might be fraudulent. Plaintiff contacted University administration three times. On his third attempt, Plaintiff spoke with University administrator Carrie Fernand, who advised Plaintiff that there were no issues. Shortly thereafter, however, Plaintiff discovered news of the University being a sting operation by the Department of Homeland Security, with many students either arrested or deported.”

The lawsuit looks to represent a class of all individuals who enrolled in and attended the University of Farmington from 2015 to 2019.

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