In a major reprieve for international students, researchers, academics and foreign journalists, a US federal district court has blocked the Trump administration from implementing a new rule that would replace the longstanding ‘duration of status’ system with fixed periods of admission.
asserted
that → block → admission
The district court’s order means that the new framework, which was scheduled to take effect on Sept 15, cannot be implemented for now.
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which → mean → Sept
The existing duration-of-status framework therefore remains in place nationwide.
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framework → exist → place
US District Judge F Dennis Saylor IV of the District of Massachusetts on Monday granted preliminary relief to organisations representing higher education institutions, international educators, journalists and others.
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IV → grant → institutions
The district court postponed the effective date of the Department of Homeland Security’s (DHS) final rule, while litigation challenging its legality continues.
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litigation → postpone → legality
TOI had earlier analysed the new rule.
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TOI → analyse → rule
Also read: Trump administration limits visa tenure of students to a fixed period of four years and limits academic flexibilityInternational students were allowed to stay in the US, as long as they were studying.
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they → read → US
The new rule eliminated this ‘duration of status’ concept and subjected international students (F1 visa holders), exchange visitors (J visa holders) and representatives of foreign media to fixed periods of stay.
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rule → eliminate → stay
In a double whammy, the new rule also introduced new restrictions on academic flexibility for international students.
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rule → introduce → students
The rule was challenged in the district court by the Presidents’ Alliance on Higher Education and Immigration, NAFSA: Association of International Educators, the Association of Independent Colleges and Universities in Massachusetts, the American Federation of Teachers, The NewsGuild-CWA, and others.
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rule → challenge → Teachers
The ruling is particularly significant for international students pursuing lengthy or evolving academic programmes, including doctoral candidates, as well as researchers and scholars whose work may extend beyond a fixed admission period.
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work → pursue → period
What the rule sought to change
Under the duration of status system, international students admitted on F-1 visas may generally remain in the US while pursuing a full course of study and authorised practical training, provided they maintain their immigration status. J-1 exchange visitors, including researchers, professors, teachers and trainees, are similarly admitted for the duration of their approved programme or activity.
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visitors → seek → programme
The district court noted that duration of status for F visa holders dates back to 1978, while the corresponding system for J visa holders was introduced in 1985.
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system → note → 1985
DHS's final rule, published on July 17, sought to replace this arrangement with fixed periods of admission.
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rule → publish → admission
F-1 and J-1 visa holders would generally be subject to a maximum four-year admission period, regardless of the anticipated length of their educational programme or research.
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holders → anticipate → programme
Those requiring additional time would have to apply to US Citizenship and Immigration Services (USCIS) for an extension of stay, generally using Form I-539.
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Those → require → I-539
The rule also provided for a 240-day limit for foreign media representatives holding I visas, subject to an extension process.
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rule → provide → process
For students, the proposed change would have had consequences beyond the need to seek extensions.
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change → propose → extensions
The rule placed restrictions on academic flexibility.
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rule → place → flexibility
Graduate students would generally be prohibited from changing their educational objectives or transferring between institutions, subject to limited exceptions for extenuating circumstances.
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students → prohibit → circumstances
International students would also generally be required to pursue a subsequent programme at a higher educational level, preventing them from undertaking another programme at the same or a lower level while retaining F-1 status.
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students → require → status
The rule also reduced the post-completion departure period for F and J visa holders who completed their programmes early to 30 days.
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who → reduce → days
District court questions DHS's justification
Judge Saylor's order found that the plaintiffs were likely to succeed in their challenge under the Administrative Procedure Act (APA), which requires agencies to act reasonably, consider relevant evidence and explain the connection between the facts they identify and the policies they adopt.
The district court identified four principal deficiencies in DHS's rulemaking.
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court → question → rulemaking
- First, it said DHS had failed to conduct a reasoned assessment of the costs and benefits of the new framework.
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DHS → say → framework
In particular, the agency had not adequately accounted for the potential impact on international student enrolment, research, teaching and the travel of foreign journalists.
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agency → account → journalists
- Second, DHS had not meaningfully considered less burdensome alternatives to replacing duration of status.
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DHS → consider → status
- Third, the agency had failed to respond adequately to significant public comments raising concerns about the rule's consequences.
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agency → fail → consequences
- Fourth, it found that DHS had not demonstrated a rational connection between the rule and its stated objectives of protecting national security and preventing fraud and abuse.
“The use of such labels does not, however, give DHS license to ignore its statutory obligations,” the judge said, referring to the agency's reliance on national security and border protection.
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judge → find → security
In his order the judge also questioned whether the weak connection between the rule and its stated rationales raised concerns about other, undisclosed objectives, including “greater government control over academic institutions and the press”.
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connection → question → institutions
The district court stressed that its role was not to decide whether the Trump administration had adopted a wise or unwise policy.
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administration → stress → policy
Its task was to determine whether DHS had complied with the law when promulgating the regulation.
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DHS → determine → regulation
Impact on international students and US universities
The ruling comes at a time when US universities are heavily dependent on international students, particularly at the graduate level and in science, technology, engineering and mathematics (STEM) disciplines.
The district court noted that there are approximately 1.6 million individuals in F status and about 500,000 in J status.
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court → come → status
More than half of all international students major in STEM fields, according to data cited in the order.
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half → major → order
The judge also highlighted the contribution of international students and scholars to American research, innovation and economic growth.
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judge → highlight → research
The order referred to evidence that international student alumni had founded 143 of 582 billion-dollar US start-ups, or 25%.
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alumni → refer → ups
The potential impact of the rule was reflected in comments submitted during the rulemaking process.
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impact → reflect → process
A survey of 1,039 current international students, cited by NAFSA, found that 49% said they would not have enrolled in the US had duration of status been replaced with a fixed admission period.
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duration → cite → period
A separate survey of 611 prospective students found that 16% fewer respondents said they were likely to enrol under such a system.
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they → find → system
The new rule adversely impacted Indian students, as they are the largest contingent of international students.
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they → impact → students
Experts point out that while the numbers of new students from India is falling, the cohort of Indian students will continue to be significant.
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cohort → point → students
…and 45 more, not listed.
The Aporia
