Federal Judge Blocks Trump Administration Visa Limits for Students and Journalists

A federal judge in Boston blocked the Trump administration from implementing a new rule that would have limited the length of stay for foreign students, visiting scholars, and journalists. The ruling came on Monday, one day before the Department of Homeland Security (DHS) rule was scheduled to take effect. Judge F. Dennis Saylor ruled in favor of a coalition of labor unions and higher education advocacy groups, stating that the DHS adopted the policy based on exceptionally weak rationales.

Under the proposed rule, F visas for international students and J visas for cultural exchange visitors would have been capped at four years. I visas for journalists would have been limited to 240 days. This would have replaced a system in place for nearly five decades that allowed foreign students to remain in the US for their duration of status. The judge noted that the current system has supported groundbreaking research and economic growth, while the new rule could cause catastrophic damage to the economy and the higher education system.

James Percival, the general counsel for DHS, criticized the ruling. He argued that the decision forces US Immigration and Customs Enforcement to permit rampant abuse of the immigration system, suggesting that individuals could stay for decades while taking only one class per semester. The judge countered that the administration's national security justification was exceptionally attenuated and based on a small number of anecdotes.