A federal judge on Monday temporarily blocked the U.S. government from implementing a new rule that would limit stays for foreign students, journalists and exchange visitors, one day before it was slated to take effect.
Judge F. Dennis Saylor IVof the U.S. District Court in Boston ruled that the new policy would probably cause “catastrophic” damage to the U.S. economy and higher-education system. Saylor also rejected the government’s claims that the new rule was needed to protect the country.
“The government’s contention that the rule is necessary to safeguard national security borders on the absurd,” Saylor wrote. “It is based almost entirely on a small handful of anecdotes, each of which involved incidents that the new rule would do nothing to prevent or even mitigate.”
The rule, finalized by the Department of Homeland Security in July, was slated to go into effect Tuesday, affecting many foreign students, scholars and journalists. It would have fully applied to visitors entering or reentering the United States starting Tuesday, with transitional rules for those already in the country.
DHS did not immediately respond to a request for comment on the ruling.
Historically, the U.S. has allowed visitors on certain types of visas to remain in the country for the duration of their authorized studies or assignments, but the updated regulations contain stricter time limits. Foreign college students, for instance, would generally be limited to no more than four years, unless they successfully obtained permission to stay longer. Journalists from most countries would be limited to a maximum of 240 days.
To try to stop the new rule, a coalition of labor unions and higher-education groups sued DHS and U.S. Immigration and Customs Enforcement last month.
Many higher-education officials pointed out that students routinely need more than four years to finish their studies, especially those in doctoral programs. But DHS said the limits would help it curb fraud and make it easier to stop people from overstaying their visas.
Some colleges had already reported a sharp decline in applications from new international students after the Trump administration cracked down on immigration and restricted visas from selected countries. A report last month predicted international enrollment would decrease by nearly 10 percent this fall. And some institutions have blamed declines in international enrollment for layoffs and cuts to programs.
Saylor’s ruling applies nationwide, not just to the parties who brought the suit. The judge said it would be too difficult and confusing to apply separate regulatory schemes to different colleges, especially because students may transfer between institutions.
However, Saylor stopped short of permanently invalidating the new rule. The government may also appeal Monday’s ruling.
Several of the groups that brought the lawsuit praised the court ruling in statements Monday.
“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,” said Fanta Aw, executive director of NAFSA: Association of International Educators, a nonprofit dedicated to international education and exchange. The United Auto Workers, which represents graduate student workers and researchers, called the decision a win.
“You can’t do groundbreaking research or inspire undergrads while living in fear that a policy change could upend your visa status overnight,” the union’s higher-education arm said in a statement. “We’re glad the court recognized that harm and stepped in.”
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