US District Judge F. Dennis Saylor IV granted nationwide preliminary relief in the lawsuit challenging the Department of Homeland Security’s (DHS) final rule ending the Duration of Status (D/S) policy for international students, exchange visitors, and representatives of foreign media.
The court blocked the rule from taking effect and prohibited DHS and US Immigration and Customs Enforcement (ICE) from implementing it while the case continues.
As a result, the longstanding Duration of Status framework remains in place nationwide.
The sector has acted collectively to try and stop new limiting rules establishing fixed time limits on study visas that will not allow for any additional time to complete a course, and create a situation whereby international students who do have a break in studies are required to file and pay for a visa extension of stay with the government if their studies surpass four years.
The uncertainty around being in-country for the duration, and risk of subsequent visa denial, was such that industry leaders felt it would be a sucker punch for the country’s appeal as a study destination. The rule amendment had been announced in July and due to come into force this month.
While the government argued the new rules would help to prevent visa fraud and protect US security, judge Saylor said its rationales were “exceptionally weak”.
“The government’s contention that the rule is necessary to safeguard national security borders on the absurd,” he wrote.
Following yesterday’s halting of the policy, DHS general counsel James Percival said: “Come on a student visa, take one class per semester, and stay here for decades. According to Judge Dennis Saylor, ICE must permit this rampant abuse of our immigration system.”
Meanwhile, a spokesperson for the department said: “The performative outrage is incredible. Where was the outrage when foreign nationals were abusing the system, violating the terms of their student visas, and making a mockery of our immigration laws?”
Fanta Aw, executive director and CEO at NAFSA, commented, “The court’s nationwide preliminary relief is an important step toward preserving a fair and predictable system for international students and scholars and the institutions that welcome them.
The government’s contention that the rule is necessary to safeguard national security borders on the absurd
Judge F. Dennis Saylor IV, United States District Court for the District of Massachusetts
“International educators already work diligently with the federal government to ensure compliance with US immigration law. At a time when countries around the world are competing for talent, the United States should be strengthening our ability to attract the best and brightest, not creating new barriers to it.”
NAFSA joined with other lobby and advocacy groups to try and stop the rule change; working with the Presidents’ Alliance on Higher Education and Immigration; the Association of Independent Colleges and Universities in Massachusetts (AICUM); Graduate Labor Organisation, AFT Local 6516 and others. They filed a complaint and a motion for preliminary injunction in the US District Court for the District of Massachusetts.
Fuller information on the litigation can be accessed here.
Miriam Feldblum, President and CEO of the Presidents’ Alliance on Higher Education and Education said, “Today’s decision recognises the serious and irreparable harm this rule would cause to international students and scholars, higher education institutions, and communities across the country, as well as to the US economy, research and innovation.
“We greatly appreciate the court’s clear and careful consideration. While the case continues, this relief preserves the longstanding system that enables our colleges and universities — and our country — to attract, educate, and retain global talent.”
