US court blocks new restrictions for foreign students and journalists

A US federal court has blocked new rules by the Trump administration that were to limit the length of stay in the country for foreign students, exchange program participants, and journalists. The ruling was made a day before the rules were scheduled to take effect on September 15.

The decision was issued by Judge F. Dennis Saylor IV of the federal district court in Massachusetts in a lawsuit filed against the US Department of Homeland Security by a coalition of educational organizations, labor unions, and media representatives.

The court delayed the effective date of the new rules pending further consideration of the case. Thus, as of September 15, foreign students and exchange program participants will continue to be governed by the previous Duration of Status system.

This system allows holders of F student visas and J exchange visitor visas to remain in the US for the entire authorized period of study or program, provided they comply with immigration laws.

The Trump administration had planned to abandon this principle and establish a fixed period of stay. For most F and J visa holders, the maximum initial period was to be up to four years.

If study, research, or an exchange program lasted longer, the foreign national would have had to separately apply to US Citizenship and Immigration Services for an extension of the authorized stay.

For foreign media representatives on I visas, the rules were even stricter. Most journalists were to be allowed to stay a maximum of 240 days, after which they would have to file a separate request to extend for up to another 240 days.

The new rules also included additional restrictions for students regarding changing their academic program, transferring between universities, and pursuing subsequent education at the same level.

The Department of Homeland Security explained the reform as necessary to strengthen enforcement of visa rules, combat abuse, and for national security reasons.

However, the judge questioned the agency's justification. In particular, he concluded that DHS had not provided a compelling explanation for the need to radically change a system that had been in place in the US for nearly five decades.

Regarding journalists, the court separately noted the lack of sufficient justification for why their stay needed to be limited to specifically 240 days.

The plaintiffs also warned that the new rules would create significant costs for universities and students, increase the burden on immigration services, and make the US less attractive to foreign students and scholars.

NAFSA: Association of International Educators, Presidents' Alliance on Higher Education and Immigration, American Federation of Teachers, NewsGuild-CWA, and other organizations joined the lawsuit.

The court ruling does not mean the reform has been permanently canceled. The court postponed its effective date pending resolution of the dispute, while the Trump administration may appeal the decision.

For foreigners already in the US on F and J visas, the practical consequence is that nothing needs to change for now: the Duration of Status remains in effect, and the introduction of mandatory fixed periods and a new extension procedure is suspended.

This also applies to Ukrainian citizens studying in the US, participating in exchange programs, or working in the country as representatives of foreign media on the relevant visa categories.

Sources: Federal Register, The NewsGuild, Harvard International Office