The claimants, representing international education, labour unions, universities and the media, today launched a legal challenge seeking to block the Department of Homeland Security (DHS)’s final rule ending duration of status, for allegedly violating the Administrative Procedure Act.
Specifically, they argue DHS failed to assess the rule’s costs and benefits, meaningfully respond to public comments, consider less burdensome alternatives, or justify the new regulation based on its stated objectives.
“After carefully reviewing the final rule and the sweeping harm it will cause to our national interest, it is clear that litigation is warranted and necessary,” said Fanta Aw, CEO of NAFSA: Association of International Educators, a member of the coalition.
The new rule, announced last month and set to take effect on September 15, imposes fixed time limits on study visas, with international students required to file with the government for an extension of stay if their studies exceed four years.
Miriam Fledlum, CEO of coalition member, the Presidents’ Alliance, said the new limits “do not align with actual program lengths or students’ educational needs”.
Meanwhile, she criticised the rule’s handing of academic decisions to immigration officials and said it would “disrupt educational pathways, impose significant new burdens on colleges and universities, and make the United States less competitive as the premier destination for global talent”.
If implemented, it will also restrict students’ ability to change educational objectives, transfer institutions or pursue additional programs of study, which critics warn will place significant burden on international students and decrease American attractiveness as a study destination.
The UAW is joining this legal action to challenge this discriminatory and short-sighted rule and proudly stands with international workers and scholars fighting for the stability and protections they deserve
Shawn Fain, UAW
What’s more, experts have said the incoming rule will seriously threaten colleges’ revenue, while broad declines in international student numbers are set to cost the US at least $3.4 billion in direct economic contributions.
The coalition of seven organisation across international higher education, teaching, labour markets and the media, is notable for its cross-sector representation.
The claimants filed a complaint and a motion for preliminary injunction in the US District Court in Massachusetts, seeking to prevent the new rule coming in next month.
“International students and scholars shouldn’t have to navigate an immigration system designed to disrupt their education, research, and lives,” said Shawn Fain, president of International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW).
“The UAW is joining this legal action to challenge this discriminatory and short-sighted rule and proudly stands with international workers and scholars fighting for the stability and protections they deserve,” he said.
Jon Schless, presidents of the NewsGuild-CWA highlighted the rule also shortens the duration of journalists’ I visas “which support the important work of international journalists working in the United States”.
“Our First Amendment makes it clear that the United States is supposed to be a champion of a free press, not an opponent. These rule changes are just another attempt by this administration to chill reporting done by talented journalists,” he stated.
The full list of claimants includes NAFSA: Association of International Educators; the Presidents’ Alliance on Higher Education and Immigration; the Association of Independent Colleges and Universities in Massachusetts (AICUM); the American Federation Of Teachers (AFT); Graduate Labour Organisation, AFT Local 6516 (GLO); International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW); United Auto Workers Local 2322; and The NewsGuild-CWA.
