A federal judge has temporarily blocked a Trump administration rule that would have limited international students to four years in the United States, halting the policy one day before it was set to take effect.
U.S. District Judge F. Dennis Saylor IV of the District of Massachusetts issued the ruling Sept. 14 after a coalition of higher education organizations and labor groups challenged the Department of Homeland Security’s (DHS) new visa restrictions. For now, the decision maintains the previous system that generally allows international students to remain in the U.S. for the duration of their university programs.
Under the rule, which DHS finalized in July, students and exchange visitors holding F-1 and J-1 visas generally would have been limited to four years in the country. Students whose programs lasted longer would have needed to apply for an extension. The rule also would have limited foreign journalists holding I-visas to only 240 days in the U.S.
The rule would have replaced the long-established policy known as “Duration of Status,” which allows international students to remain in the country as long as they maintain their academic status and continue making progress in their studies. This system has been in place for decades.
According to Saylor, the DHS failed to follow required procedures under the Administrative Procedure Act and, therefore, the groups challenging the rule had leverage to succeed. He also questioned the department’s justification for imposing the new restrictions, which DHS stated were intended to combat visa fraud and protect national security.
Saylor wrote that the rule could cause significant disruptions to colleges and universities, particularly because many graduate and doctoral programs take longer than four years to complete. He warned that the changes could lead to enrollment declines and substantial financial losses for higher education institutions. Institutions such as Harvard University and Massachusetts Institute of Technology have large international student populations, especially among graduate students, according to Saylor.
Higher education organizations that challenged the rule welcomed the change in decision. Miriam Feldblum, executive director of the Presidents’ Alliance on Higher Education and Immigration, said the ruling preserves the existing system while the legal challenge continues.
On the other hand, DHS officials criticized the reversal. James Percival, DHS general counsel, argued that the ruling prevents immigration officials from addressing what the administration considers abuse of the student visa system.
The preliminary ruling does not permanently eliminate the four-year limit policy. Saylor postponed the rule’s effective date while the lawsuit proceeds which leaves the door open for the administration to appeal the decision.