A federal judge on Monday blocked a new Trump administration rule that would limit how long foreign students, exchange program participants and journalists can legally remain in the United States.<\/p>\n\n\n\n
U.S. District Judge F. Dennis Saylor IV of the District of Massachusetts described the administration’s justification for the new limits as \u201cexceptionally weak\u201d and questioned whether the measure was actually connected to national security.<\/p>\n\n\n\n
The decision came one day before the rule was scheduled to take effect. The ruling is temporary while a lawsuit filed by a coalition of educational organizations and unions against the Department of Homeland Security continues.<\/p>\n\n\n\n
The Trump administration had defended the changes as necessary to strengthen national security and ensure compliance with visa requirements. Saylor, however, said the government had not established a sufficient connection between those objectives and the restrictions. He also questioned whether the rule could serve other purposes, including increased oversight of academic institutions.<\/p>\n\n\n\n
The judge also found that the Department of Homeland Security had failed to adequately meet requirements under the Administrative Procedure Act, including considering less burdensome alternatives and meaningfully responding to comments submitted during the regulatory process.<\/p>\n\n\n\n
The regulation, published by DHS in July, sought to replace the current \u201cduration of status\u201d system, which allows students and exchange visitors to remain in the country while they continue meeting the conditions of their programs, with fixed admission periods.<\/p>\n\n\n\n
Under the proposed rules, F visa holders, primarily students, and J visa holders, for exchange visitors, would be limited to a maximum of four years per admission period. Foreign journalists holding I visas would face a 240-day limit, although they could request extensions. For journalists with Chinese passports, the maximum period would be 90 days.<\/p>\n\n\n\n
The lawsuit was filed in August by a coalition led by NAFSA: Association of International Educators, along with higher education organizations and unions including The NewsGuild-CWA. The plaintiffs argue that DHS failed to properly assess the rule’s costs and benefits, adequately respond to public comments and consider less harmful alternatives.<\/p>\n\n\n\n
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