A federal judge has struck down a Trump administration rule that aimed to impose strict time limits on how long foreign students and journalists could remain in the United States. The ruling, issued by US District Judge F. Dennis Saylor in Boston, came just a day before the Department of Homeland Security's (DHS) controversial policy was set to take effect.
Court Finds DHS Reasons "Exceptionally Weak"
Judge Saylor sided with a coalition of unions and higher education advocacy groups, which had challenged the policy. He determined that the DHS had adopted the rule based on "exceptionally weak" justifications. Furthermore, the court found that the department failed to meet its legal obligations to address concerns raised by stakeholders and consider less burdensome alternatives, despite citing national security and fraud prevention as its primary motivations.
The blocked rule sought to replace the longstanding "duration of status" system, which has allowed international students to remain in the US for nearly five decades as long as they maintained their academic status. Under the proposed changes, F visas for international students and J visas for cultural exchange visitors would have been capped at four years. I visas for journalists, which can currently last for years, would have been restricted to just 240 days.
Significant Impact on Education and Economy Avoided
Saylor emphasized that the existing visa system has been instrumental in bringing tens of millions of foreign students and researchers to the US. These individuals have contributed significantly to groundbreaking research in science, medicine, and technology, alongside providing substantial economic growth. Major research universities, including the Massachusetts Institute of Technology and Harvard, rely heavily on foreign students, particularly at the graduate level.
The judge noted that approximately 1.6 million people currently hold F visas, with another 500,000 holding J visas. He projected that if the rule had taken effect, universities would likely face hundreds of millions of dollars in costs and a sharp decline in enrollment. "The damage to the higher education system and to the economy of the United States is likely to be catastrophic," Saylor wrote in his order.
Miriam Feldblum, head of the Presidents’ Alliance on Higher Education and Immigration and one of the plaintiffs, praised the ruling. She stated that the decision acknowledged the severe harm the rule could inflict on international students, universities, and the broader US economy. Feldblum added that the relief preserves the longstanding system vital for colleges and universities to attract, educate, and retain global talent while the legal case proceeds.
While the Department of Homeland Security did not immediately comment on the ruling, DHS General Counsel James Percival previously criticized such challenges, arguing they would allow "rampant abuse" of the immigration system, with individuals potentially staying on student visas for decades while taking minimal classes. For now, the court's decision ensures that the longstanding visa system remains in place as the case brought by unions and higher education groups continues through the courts.