Boston, Massachusetts — A federal judge on Monday blocked the Trump administration from imposing new limits on how long foreign students, exchange visitors and journalists can remain in the United States without applying for extensions.
U.S. District Judge F. Dennis Saylor issued a preliminary injunction one day before the Department of Homeland Security rule was scheduled to take effect. The policy would have replaced the decades-old “duration of status” system with fixed admission periods, generally limiting F student and J exchange visas to four years and I visas for foreign journalists to 240 days.
Saylor said DHS relied on “exceptionally weak” national-security and fraud justifications and likely failed to comply with the Administrative Procedure Act by inadequately addressing public comments or considering less burdensome alternatives.
Universities and advocacy groups challenging the rule argued it would disrupt research, discourage international enrollment and create uncertainty for students whose academic programs extend beyond four years. Saylor found they had shown a likelihood of irreparable harm if the policy took effect.
DHS General Counsel James Percival criticized the ruling, arguing the existing system allows some visa holders to remain in the country indefinitely without undergoing renewed government review.
The injunction does not permanently invalidate the rule. The lawsuit will continue, with a status conference scheduled for Oct. 2.
For now, foreign students and exchange visitors may continue remaining in the United States for the duration of their approved programs rather than facing automatic fixed-term expiration dates.
Sources
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