Judge Blocks Trump Rule Limiting Foreign Student Visas

A federal judge has blocked the Trump administration from enforcing a new immigration rule that would restrict how long foreign students, exchange visitors and journalists can remain in the United States without seeking extensions.

U.S. District Judge F. Dennis Saylor in Boston issued the ruling Monday, one day before the Department of Homeland Security policy was scheduled to take effect. The case was brought by unions and higher education advocacy groups challenging the visa restrictions.

Saylor said DHS relied on “exceptionally weak” justifications for the policy, including national security concerns and efforts to prevent visa fraud. He found that the department failed to adequately address concerns surrounding the changes or consider less burdensome alternatives.

DHS General Counsel James Percival criticized the decision, arguing that the existing system allows abuse of U.S. immigration rules.

For nearly five decades, foreign students have generally been admitted under a “duration of status” framework, allowing them to remain legally while completing their approved academic programs. Saylor said the longstanding system has helped attract millions of international students and researchers who have contributed to U.S. science, medicine, technology and economic growth.

The DHS rule adopted in July would replace that framework with fixed admission periods. F visas for international students and J visas for cultural exchange visitors would generally be capped at four years. I visas for foreign journalists would be limited to as little as 240 days.

About 1.6 million people currently hold F visas, while roughly 500,000 have J visas. Universities including Harvard and the Massachusetts Institute of Technology have significant international student populations, particularly in graduate programs.

Saylor warned that implementing the restrictions could reduce international enrollment and impose hundreds of millions of dollars in costs on U.S. universities.

“The damage to the higher education system and to the economy of the United States is likely to be catastrophic,” he wrote.

Miriam Feldblum, president and CEO of the Presidents’ Alliance on Higher Education and Immigration, welcomed the ruling, saying it preserves the longstanding system that helps U.S. colleges attract and retain global talent while the legal challenge continues.