A US federal judge on Monday suspended the implementation of a Trump administration policy seeking to impose stricter limits on how long foreign students and journalists can study or work in the United States.
District Judge Dennis Saylor issued a preliminary injunction just a day before the Department of Homeland Security (DHS) rules were due to take effect.
Under the proposed regulations, foreign students on visas would be allowed to remain in the US for a maximum of four years, after which they would need to seek an extension. Previously, international students could stay for the duration of their academic programmes.
Foreign journalists would face a 240-day limit, equivalent to about eight months, although they could apply for extensions of a similar length. The existing rules allow them to remain for up to five years.
Chinese journalists would be restricted to 90-day stays, with the option of applying for further 90-day extensions.
A coalition of unions representing universities, educators and journalists had challenged the proposed restrictions in court.
Saylor temporarily blocked the implementation of the DHS rules without ruling on the substance of the case. He scheduled a further hearing for October 2.
In an accompanying memorandum, however, the judge raised concerns about the proposed restrictions on international students and journalists.
He noted that the existing system has allowed tens of millions of foreign students to study in the United States, contributing to “groundbreaking research in science, medicine, and technology, substantial economic growth, and a host of other benefits.”
“Rather than attempt to improve that system, DHS elected to replace it with a new program that will substantially restrict the overall number of foreign students, researchers, professors, and journalists,” he said.
Saylor also argued that DHS decisions to deny visa extensions under the proposed system would be “entirely discretionary and unappealable.”
“A DHS official — based on limited and vague criteria, and with no possibility of appeal — will have the power to cut short the academic, research, or teaching activities of any non-US citizen for no reason or any reason.”
Foreign journalists seeking extensions would likewise have “no recourse and no appeal” if their applications were rejected, the judge said.
“The possibilities for abuse are rampant — in particular, the obvious likelihood that the visas of foreign journalists who are critical of the government (or, more particularly, DHS officials) will not be renewed,” he said.
‘Absurd’
When introducing the proposed rules, DHS cited national security concerns. However, Saylor said the justification “borders on the absurd” and was “based almost entirely on a small handful of anecdotes.”
The proposed visa restrictions form part of President Donald Trump’s wider immigration crackdown, which includes aggressive enforcement operations in major cities and new restrictions on legal routes to citizenship.
The United States hosted more than 1.1 million international students during the 2023-24 academic year, according to official data, making it the leading destination for international students worldwide.