US Federal Court Blocks Trump Administration’s New Foreign Student Visa Policy

A U.S. federal judge has blocked the Donald Trump administration from implementing a new rule that would limit the length of stay for foreign students and journalists in the United States and require them to apply for extensions if they wished to remain in the country longer.  According to international media reports, during a hearing in Boston yesterday, Judge Saylor ruled in favor of a coalition of universities and various unions. The ruling came one day before the Department of Homeland Security (DHS) was scheduled to implement the new rule.  During the hearing, the judge said that the DHS had developed the policy on the basis of an "extremely weak justification."

The department had cited national security and the prevention of fraud in the visa program as reasons for the policy. However, the judge said that the department had failed to meet additional legal requirements and had not adequately considered concerns related to the policy or less restrictive alternatives. Following the ruling, the DHS was contacted for comment, but no immediate response was received.  Judge Saylor, who was appointed by former Republican President George W. Bush, wrote in his ruling that the new rule would fundamentally change a system that has been in place for nearly 50 years. Under the existing system, foreign students are generally allowed to maintain their visa status for as long as they continue their studies.  The judge said the system had enabled millions of foreign students and researchers to come to the United States, contributing to significant research in science, medicine, and technology while also providing substantial benefits to the U.S. economy.  The judge said the rule introduced by the Department of Homeland Security in July would reduce the number of foreign students, professors, and journalists in the United States.

Under the new rule, "F" visas issued to foreign students and "J" visas issued for cultural and educational exchange programs would have been valid for a maximum of four years. "I" visas issued to foreign journalists would have been limited to a maximum of 240 days.  There are currently approximately 1.6 million people in the United States holding F visas, while around 500,000 hold J visas. Major universities such as MIT and Harvard have particularly large numbers of international students, especially in higher education programs.  The judge also said during the ruling that if the new rule were implemented, universities could suffer losses amounting to tens of millions of dollars, while the number of students could also decline. In his ruling, he wrote that the new rule could cause "devastating harm" to the U.S. education system and economy.